Florida Senate - 2017                                      SB 66
       
       
        
       By Senator Clemens
       
       31-00104-17                                             201766__
    1                        A bill to be entitled                      
    2         An act relating to highway safety; amending s.
    3         316.003, F.S.; providing definitions; conforming a
    4         cross-reference; amending s. 316.027, F.S.; deleting
    5         the definition of the term “vulnerable road user”;
    6         conforming provisions to changes made by the act;
    7         amending s. 316.083, F.S.; revising provisions
    8         relating to the overtaking and passing of a vehicle;
    9         directing a law enforcement officer issuing a citation
   10         for specified violations to note certain information
   11         on the citation; amending s. 316.084, F.S.; exempting
   12         bicycles from provisions for passing a vehicle on the
   13         right under certain circumstances; amending s.
   14         316.0875, F.S.; revising exceptions to provisions for
   15         designated no-passing zones; amending s. 316.151,
   16         F.S.; revising provisions for turning at
   17         intersections; directing a law enforcement officer
   18         issuing a citation for specified violations to note
   19         certain information on the citation; amending s.
   20         316.1925, F.S.; revising provisions relating to
   21         careless driving; directing a law enforcement officer
   22         issuing a citation for specified violations to note
   23         certain information on the citation; amending s.
   24         316.2065, F.S.; revising provisions for operation of a
   25         bicycle; requiring motor vehicle operators to allow a
   26         group of bicycles to travel through an intersection
   27         under certain circumstances; creating s. 318.142,
   28         F.S.; providing penalties for specified infractions
   29         contributing to bodily injury of a vulnerable user of
   30         a public roadway or a vulnerable user; amending s.
   31         318.19, F.S.; requiring a hearing for specified
   32         offenses; directing a law enforcement officer issuing
   33         a citation for specified violations to note certain
   34         information on the citation; amending ss. 212.05,
   35         316.545, 316.613, 320.08, 322.0261, 655.960, and
   36         860.065, F.S.; conforming cross-references; conforming
   37         provisions to changes made by the act; making
   38         technical changes; reenacting s. 316.1923(5), F.S.,
   39         relating to aggressive careless driving, to
   40         incorporate the amendments made to ss. 316.083 and
   41         316.084, F.S., in references thereto; reenacting s.
   42         316.072(4)(b), F.S., relating to obedience to and
   43         effect of traffic laws, to incorporate the amendment
   44         made to s. 316.1925, F.S., in a reference thereto;
   45         reenacting s. 318.18(1)(b), F.S., relating to amount
   46         of penalties, to incorporate the amendment made to s.
   47         316.2065, F.S., in a reference thereto; reenacting s.
   48         318.14(2), F.S., relating to noncriminal traffic
   49         infractions, to incorporate the amendment made to s.
   50         318.19, F.S., in a reference thereto; providing an
   51         effective date.
   52  
   53         WHEREAS, the Legislature recognizes that everyone must
   54  share the road, and
   55         WHEREAS, there are laws in place, such as ss. 316.2065 and
   56  316.2068, Florida Statutes, that require certain vulnerable road
   57  users to follow safe practices when operating on the roadways of
   58  the state, and
   59         WHEREAS, there are laws in place that similarly require
   60  persons who operate a vehicle on the highways of the state to
   61  operate the vehicle in a safe manner, and
   62         WHEREAS, it is the intent of the Legislature to amend the
   63  Florida Uniform Traffic Control laws to protect vulnerable road
   64  users while balancing their rights against the rights of those
   65  who choose to travel by motor vehicle, NOW, THEREFORE,
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Present subsections (4) through (96) of section
   70  316.003, Florida Statutes, are redesignated as subsections (5)
   71  through (97), respectively, present subsection (97) is
   72  redesignated as subsection (99), new subsections (4) and (98)
   73  are added to that section, and present subsection (55) is
   74  amended, to read:
   75         316.003 Definitions.—The following words and phrases, when
   76  used in this chapter, shall have the meanings respectively
   77  ascribed to them in this section, except where the context
   78  otherwise requires:
   79         (4)BICYCLE LANE.—A portion of a roadway or highway that
   80  has been designated by pavement markings and signs for the
   81  preferential or exclusive use by bicycles.
   82         (56)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   83  provided in paragraph (78)(b) (77)(b), any privately owned way
   84  or place used for vehicular travel by the owner and those having
   85  express or implied permission from the owner, but not by other
   86  persons.
   87         (98)VULNERABLE USER OF A PUBLIC ROADWAY OR VULNERABLE
   88  USER.—
   89         (a)A pedestrian, including a person actually engaged in
   90  work upon a highway, work upon utility facilities along a
   91  highway, or the provision of emergency services within the
   92  right-of-way;
   93         (b)A person operating, or who is a passenger on, a
   94  bicycle, scooter, or moped lawfully on the roadway;
   95         (c)A person riding an animal; or
   96         (d)A person lawfully operating on a public roadway,
   97  crosswalk, or shoulder of the roadway:
   98         1.A farm tractor or similar vehicle designed primarily for
   99  farm use;
  100         2.A horse-drawn carriage;
  101         3.An electric personal assistive mobility device; or
  102         4.A wheelchair.
  103         Section 2. Subsection (1) and paragraphs (e) and (f) of
  104  subsection (2) of section 316.027, Florida Statutes, are amended
  105  to read:
  106         316.027 Crash involving death or personal injuries.—
  107         (1) As used in this section, the term:
  108         (a) “serious bodily injury” means an injury to a person,
  109  including the driver, which consists of a physical condition
  110  that creates a substantial risk of death, serious personal
  111  disfigurement, or protracted loss or impairment of the function
  112  of a bodily member or organ.
  113         (b) “Vulnerable road user” means:
  114         1. A pedestrian, including a person actually engaged in
  115  work upon a highway, or in work upon utility facilities along a
  116  highway, or engaged in the provision of emergency services
  117  within the right-of-way;
  118         2. A person operating a bicycle, motorcycle, scooter, or
  119  moped lawfully on the roadway;
  120         3. A person riding an animal; or
  121         4. A person lawfully operating on a public right-of-way,
  122  crosswalk, or shoulder of the roadway:
  123         a. A farm tractor or similar vehicle designed primarily for
  124  farm use;
  125         b. A skateboard, roller skates, or in-line skates;
  126         c. A horse-drawn carriage;
  127         d. An electric personal assistive mobility device; or
  128         e. A wheelchair.
  129         (2)
  130         (e) A driver who violates paragraph (a), paragraph (b), or
  131  paragraph (c) shall have his or her driver license revoked for
  132  at least 3 years as provided in s. 322.28(4).
  133         1. A person convicted of violating paragraph (a), paragraph
  134  (b), or paragraph (c) shall, before his or her driving privilege
  135  may be reinstated, present to the department proof of completion
  136  of a victim’s impact panel session in a judicial circuit if such
  137  a panel exists, or if such a panel does not exist, a department
  138  approved driver improvement course relating to the rights of
  139  vulnerable road users relative to vehicles on the roadway as
  140  provided in s. 322.0261(2).
  141         2. The department may reinstate an offender’s driving
  142  privilege after he or she satisfies the 3-year revocation period
  143  as provided in s. 322.28(4) and successfully completes either a
  144  victim’s impact panel session or a department-approved driver
  145  improvement course relating to the rights of vulnerable road
  146  users relative to vehicles on the roadway as provided in s.
  147  322.0261(2).
  148         3. For purposes of this paragraph, an offender’s driving
  149  privilege may be reinstated only after the department verifies
  150  that the offender participated in and successfully completed a
  151  victim’s impact panel session or a department-approved driver
  152  improvement course.
  153         (f) For purposes of sentencing under chapter 921 and
  154  determining incentive gain-time eligibility under chapter 944,
  155  an offense listed in this subsection is ranked one level above
  156  the ranking specified in s. 921.0022 or s. 921.0023 for the
  157  offense committed if the victim of the offense was a vulnerable
  158  road user.
  159         Section 3. Section 316.083, Florida Statutes, is amended to
  160  read:
  161         316.083 Overtaking and passing a vehicle.—The following
  162  provisions rules shall govern the overtaking and passing of a
  163  vehicle vehicles proceeding in the same direction, subject to
  164  those limitations, exceptions, and special rules hereinafter
  165  stated:
  166         (1) The driver of a vehicle overtaking another vehicle
  167  proceeding in the same direction shall give an appropriate
  168  signal as provided for in s. 316.156, shall pass to the left
  169  thereof at a safe distance, and shall not again drive to the
  170  right side of the roadway until safely clear of the overtaken
  171  vehicle.
  172         (2) The driver of a motor vehicle overtaking a person
  173  operating a bicycle or other vulnerable user of a public roadway
  174  nonmotorized vehicle must pass the person operating the bicycle
  175  or other vulnerable user nonmotorized vehicle at a safe distance
  176  of not less than 3 feet between any part of or attachment to the
  177  motor vehicle, anything extending from the motor vehicle, or any
  178  trailer or other thing being towed by the motor vehicle and the
  179  bicycle, the person operating the bicycle, or other vulnerable
  180  user nonmotorized vehicle.
  181         (3)(2) Except when overtaking and passing on the right is
  182  permitted, the driver of an overtaken vehicle shall give way to
  183  the right in favor of the overtaking vehicle, on audible signal
  184  or upon the visible blinking of the headlamps of the overtaking
  185  vehicle if such overtaking is being attempted at nighttime, and
  186  shall not increase the speed of his or her vehicle until
  187  completely passed by the overtaking vehicle.
  188         (4)(3) A violation of this section is a noncriminal traffic
  189  infraction, punishable as a moving violation as provided in
  190  chapter 318. If a violation of this section contributes to the
  191  bodily injury of a vulnerable user of a public roadway, the law
  192  enforcement officer issuing the citation for the violation shall
  193  note such information on the citation.
  194         Section 4. Section 316.084, Florida Statutes, is amended to
  195  read:
  196         316.084 When overtaking on the right is permitted.—
  197         (1) The driver of a vehicle may overtake and pass on the
  198  right of another vehicle only under the following conditions:
  199         (a) When the vehicle overtaken is making or about to make a
  200  left turn;
  201         (b) Upon a street or highway with unobstructed pavement not
  202  occupied by parked vehicles of sufficient width for two or more
  203  lines of moving traffic in each direction;
  204         (c) Upon a one-way street, or upon any roadway on which
  205  traffic is restricted to one direction of movement, where the
  206  roadway is free from obstructions and of sufficient width for
  207  two or more lines of moving vehicles.
  208         (2) The driver of a vehicle may overtake and pass another
  209  vehicle on the right only under conditions permitting such
  210  movement in safety. In no event shall such movement be made by
  211  driving off the pavement or main-traveled portion of the
  212  roadway.
  213         (3)This section does not prohibit a bicycle that is in a
  214  bicycle lane or on the shoulder of a roadway or highway from
  215  passing another vehicle on the right.
  216         (4)(3) A violation of this section is a noncriminal traffic
  217  infraction, punishable as a moving violation as provided in
  218  chapter 318.
  219         Section 5. Section 316.0875, Florida Statutes, is amended
  220  to read:
  221         316.0875 No-passing zones.—
  222         (1) The Department of Transportation and local authorities
  223  may are authorized to determine those portions of any highway
  224  under their respective jurisdictions jurisdiction where
  225  overtaking and passing or driving to the left of the roadway
  226  would be especially hazardous and may, by appropriate signs or
  227  markings on the roadway, indicate the beginning and end of such
  228  zones., and When such signs or markings are in place and clearly
  229  visible to an ordinarily observant person, each every driver of
  230  a vehicle shall obey the directions thereof.
  231         (2) Where signs or markings are in place to define a no
  232  passing zone as set forth in subsection (1), a no driver may
  233  not, shall at any time, drive on the left side of the roadway
  234  that has with such no-passing zone or on the left side of any
  235  pavement striping designed to mark such no-passing zone
  236  throughout its length.
  237         (3) This section does not apply to a person who safely and
  238  briefly drives to the left of the center of the roadway or
  239  pavement striping only to the extent necessary to:
  240         (a)Avoid When an obstruction; exists making it necessary
  241  to drive to the left of the center of the highway, nor
  242         (b)Turn To the driver of a vehicle turning left into or
  243  from an alley, private road, or driveway; or
  244         (c)Comply with the requirements regarding a safe distance
  245  to pass a vulnerable user, as required by s. 316.083(2).
  246         (4) A violation of this section is a noncriminal traffic
  247  infraction, punishable as a moving violation as provided in
  248  chapter 318.
  249         Section 6. Section 316.151, Florida Statutes, is amended to
  250  read:
  251         316.151 Required position and method of turning at
  252  intersections.—
  253         (1)(a)Right turn.The driver of a vehicle intending to
  254  turn right at an intersection onto a highway, public or private
  255  roadway, or driveway shall do so as follows:
  256         1.(a) Right turn.Both the approach for a right turn and a
  257  right turn shall be made as close as practicable to the right
  258  hand curb or edge of the roadway.
  259         2.When overtaking and passing a bicycle or other
  260  vulnerable user proceeding in the same direction, the driver of
  261  a motor vehicle shall give an appropriate signal as provided for
  262  in s. 316.155 and shall make the right turn only if it can be
  263  made at a safe distance from the bicycle or other vulnerable
  264  user.
  265         3.When crossing a sidewalk, bicycle lane, or bicycle path
  266  to turn right, the driver of a motor vehicle shall yield the
  267  right-of-way to a bicycle or pedestrian.
  268         (b) Left turn.—The driver of a vehicle intending to turn
  269  left at an any intersection onto a highway, public or private
  270  roadway, or driveway shall do so as follows:
  271         1.The driver shall approach the intersection in the
  272  extreme left-hand lane lawfully available to traffic moving in
  273  the direction of travel of such vehicle. Thereafter, and, after
  274  entering the intersection, the left turn shall be made so as to
  275  leave the intersection in a lane lawfully available to traffic
  276  moving in such direction upon the roadway being entered.
  277         2. A person riding a bicycle and intending to turn left in
  278  accordance with this section is entitled to the full use of the
  279  lane from which the turn may legally be made. Whenever
  280  practicable the left turn shall be made in that portion of the
  281  intersection to the left of the center of the intersection.
  282         (c) Left turn by bicycle.In addition to the method of
  283  making a left turn described in paragraph (b), a person riding a
  284  bicycle and intending to turn left may do so as follows has the
  285  option of following the course described hereafter:
  286         a. The rider shall approach the turn as close as
  287  practicable to the right curb or edge of the roadway;
  288         b. After proceeding across the intersecting roadway, the
  289  turn shall be made as close as practicable to the curb or edge
  290  of the roadway on the far side of the intersection; and,
  291         c. Before proceeding, the bicyclist shall comply with any
  292  official traffic control device or police officer regulating
  293  traffic on the highway along which the bicyclist intends to
  294  proceed.
  295         (2) The state, county, and local authorities in their
  296  respective jurisdictions may cause official traffic control
  297  devices to be placed within or adjacent to intersections and
  298  thereby require and direct that a different course from that
  299  specified in this section be traveled by vehicles turning at an
  300  intersection. When such devices are so placed, the no driver of
  301  a vehicle may not turn a vehicle at an intersection other than
  302  as directed and required by such devices.
  303         (3) A violation of this section is a noncriminal traffic
  304  infraction, punishable as a moving violation as provided in
  305  chapter 318. If a violation of this section contributes to the
  306  bodily injury of a vulnerable user of a public roadway, the law
  307  enforcement officer issuing the citation for the violation shall
  308  note such information on the citation.
  309         Section 7. Section 316.1925, Florida Statutes, is amended
  310  to read:
  311         316.1925 Careless driving.—
  312         (1) A Any person operating a vehicle upon the streets or
  313  highways within the state shall drive the same in a careful and
  314  prudent manner, having regard for the width, grade, curves,
  315  corners, traffic, and all other attendant circumstances, so as
  316  not to endanger the life, limb, or property of any person. A
  317  person who fails Failure to drive in such a manner commits shall
  318  constitute careless driving and a violation of this section.
  319         (2) Any person who violates this section shall be cited for
  320  a moving violation, punishable as provided in chapter 318.
  321         (2)If a violation under subsection (1) contributes to the
  322  bodily injury of a vulnerable user of a public roadway, the law
  323  enforcement officer issuing the citation for the violation shall
  324  note such information on the citation.
  325         Section 8. Subsections (1), (5), and (6) of section
  326  316.2065, Florida Statutes, are amended to read:
  327         316.2065 Bicycle regulations.—
  328         (1) A bicycle is a vehicle under Florida law and shall be
  329  operated in the same manner as any other vehicle and every
  330  person operating a bicycle propelling a vehicle by human power
  331  has all of the rights and all of the duties applicable to the
  332  driver of any other vehicle under this chapter, except as to
  333  special regulations in this chapter, and except as to provisions
  334  of this chapter which by their nature can have no application.
  335         (5)(a) Any person operating a bicycle upon a roadway at
  336  less than the normal speed of traffic at the time and place and
  337  under the conditions then existing shall ride in the bicycle
  338  lane marked for bicycle use or, if there is no bicycle lane in
  339  the roadway is marked for bicycle use, as close as practicable
  340  to the right-hand curb or edge of the roadway except under any
  341  of the following situations:
  342         1. When overtaking and passing another bicycle or vehicle
  343  proceeding in the same direction.
  344         2. When preparing for a left turn at an intersection or
  345  into a private road or driveway.
  346         3. When reasonably necessary to avoid any condition or
  347  potential conflict, including, but not limited to, a fixed or
  348  moving object, parked or moving vehicle, bicycle, pedestrian,
  349  animal, surface hazard, turn lane, or substandard-width lane,
  350  which makes it unsafe to continue along the right-hand curb or
  351  edge or within a bicycle lane. For the purposes of this
  352  subsection, a “substandard-width lane” is a lane that is too
  353  narrow for a bicycle and another vehicle to travel safely side
  354  by side within the lane.
  355         (b) Any person operating a bicycle upon a one-way highway
  356  with two or more marked traffic lanes may ride as near the left
  357  hand curb or edge of such roadway as practicable.
  358         (6)(a) Persons riding bicycles upon a roadway or in a
  359  bicycle lane may not ride more than two abreast except on
  360  bicycle paths or parts of roadways set aside for the exclusive
  361  use of bicycles. Persons riding two abreast may not impede
  362  traffic when traveling at less than the normal speed of traffic
  363  at the time and place and under the conditions then existing and
  364  shall ride within a single lane.
  365         (b)When stopping at a stop sign, persons riding bicycles
  366  in groups of four or more, after coming to a full stop and
  367  obeying all traffic laws, may proceed through the stop sign in a
  368  group and motor vehicle operators shall allow the entire group
  369  to travel through the intersection before moving forward.
  370         Section 9. Section 318.142, Florida Statutes, is created to
  371  read:
  372         318.142Infractions contributing to bodily injury of a
  373  vulnerable user of a public roadway.—In addition to any other
  374  penalty imposed for a violation under s. 316.192, if the
  375  violation contributes to the bodily injury of a vulnerable user
  376  of a public roadway as defined in s. 316.003, the law
  377  enforcement officer issuing the citation for the infraction
  378  shall note such information on the citation and the designated
  379  official may impose a fine of not more than $2,500.
  380         Section 10. Section 318.19, Florida Statutes, is amended to
  381  read:
  382         318.19 Infractions requiring a mandatory hearing.—Any
  383  person cited for the infractions listed in this section shall
  384  not have the provisions of s. 318.14(2), (4), and (9) available
  385  to him or her but must appear before the designated official at
  386  the time and location of the scheduled hearing:
  387         (1) Any infraction which results in a crash that causes the
  388  death of another;
  389         (2) Any infraction which results in a crash that causes
  390  “serious bodily injury” of another as defined in s. 316.1933(1);
  391         (3) Any infraction of s. 316.172(1)(b);
  392         (4) Any infraction of s. 316.520(1) or (2); or
  393         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  394  316.189 of exceeding the speed limit by 30 m.p.h. or more; or
  395         (6)Any infraction of s. 316.083, s. 316.151, or s.
  396  316.1925 which contributes to the bodily injury of a vulnerable
  397  user of a public roadway as defined in s. 316.003. If an
  398  infraction listed in this subsection contributes to the bodily
  399  injury of a vulnerable user of a public roadway, the law
  400  enforcement officer issuing the citation for the infraction
  401  shall note such information on the citation.
  402         Section 11. Paragraph (c) of subsection (1) of section
  403  212.05, Florida Statutes, is amended to read:
  404         212.05 Sales, storage, use tax.—It is hereby declared to be
  405  the legislative intent that every person is exercising a taxable
  406  privilege who engages in the business of selling tangible
  407  personal property at retail in this state, including the
  408  business of making mail order sales, or who rents or furnishes
  409  any of the things or services taxable under this chapter, or who
  410  stores for use or consumption in this state any item or article
  411  of tangible personal property as defined herein and who leases
  412  or rents such property within the state.
  413         (1) For the exercise of such privilege, a tax is levied on
  414  each taxable transaction or incident, which tax is due and
  415  payable as follows:
  416         (c) At the rate of 6 percent of the gross proceeds derived
  417  from the lease or rental of tangible personal property, as
  418  defined herein; however, the following special provisions apply
  419  to the lease or rental of motor vehicles:
  420         1. When a motor vehicle is leased or rented for a period of
  421  less than 12 months:
  422         a. If the motor vehicle is rented in Florida, the entire
  423  amount of such rental is taxable, even if the vehicle is dropped
  424  off in another state.
  425         b. If the motor vehicle is rented in another state and
  426  dropped off in Florida, the rental is exempt from Florida tax.
  427         2. Except as provided in subparagraph 3., for the lease or
  428  rental of a motor vehicle for a period of not less than 12
  429  months, sales tax is due on the lease or rental payments if the
  430  vehicle is registered in this state; provided, however, that no
  431  tax shall be due if the taxpayer documents use of the motor
  432  vehicle outside this state and tax is being paid on the lease or
  433  rental payments in another state.
  434         3. The tax imposed by this chapter does not apply to the
  435  lease or rental of a commercial motor vehicle as defined in s.
  436  316.003(13)(a) 316.003(12)(a) to one lessee or rentee for a
  437  period of not less than 12 months when tax was paid on the
  438  purchase price of such vehicle by the lessor. To the extent tax
  439  was paid with respect to the purchase of such vehicle in another
  440  state, territory of the United States, or the District of
  441  Columbia, the Florida tax payable shall be reduced in accordance
  442  with the provisions of s. 212.06(7). This subparagraph shall
  443  only be available when the lease or rental of such property is
  444  an established business or part of an established business or
  445  the same is incidental or germane to such business.
  446         Section 12. Paragraph (b) of subsection (2) and paragraph
  447  (a) of subsection (4) of section 316.545, Florida Statutes, are
  448  amended to read:
  449         316.545 Weight and load unlawful; special fuel and motor
  450  fuel tax enforcement; inspection; penalty; review.—
  451         (2)
  452         (b) The officer or inspector shall inspect the license
  453  plate or registration certificate of the commercial motor
  454  vehicle to determine whether its gross weight is in compliance
  455  with the declared gross vehicle weight. If its gross weight
  456  exceeds the declared weight, the penalty shall be 5 cents per
  457  pound on the difference between such weights. In those cases
  458  when the commercial motor vehicle is being operated over the
  459  highways of the state with an expired registration or with no
  460  registration from this or any other jurisdiction or is not
  461  registered under the applicable provisions of chapter 320, the
  462  penalty herein shall apply on the basis of 5 cents per pound on
  463  that scaled weight which exceeds 35,000 pounds on laden truck
  464  tractor-semitrailer combinations or tandem trailer truck
  465  combinations, 10,000 pounds on laden straight trucks or straight
  466  truck-trailer combinations, or 10,000 pounds on any unladen
  467  commercial motor vehicle. A driver of a commercial motor vehicle
  468  entering the state at a designated port-of-entry location, as
  469  defined in s. 316.003 316.003(54), or operating on designated
  470  routes to a port-of-entry location, who obtains a temporary
  471  registration permit shall be assessed a penalty limited to the
  472  difference between its gross weight and the declared gross
  473  vehicle weight at 5 cents per pound. If the license plate or
  474  registration has not been expired for more than 90 days, the
  475  penalty imposed under this paragraph may not exceed $1,000. In
  476  the case of special mobile equipment, which qualifies for the
  477  license tax provided for in s. 320.08(5)(b), being operated on
  478  the highways of the state with an expired registration or
  479  otherwise not properly registered under the applicable
  480  provisions of chapter 320, a penalty of $75 shall apply in
  481  addition to any other penalty which may apply in accordance with
  482  this chapter. A vehicle found in violation of this section may
  483  be detained until the owner or operator produces evidence that
  484  the vehicle has been properly registered. Any costs incurred by
  485  the retention of the vehicle shall be the sole responsibility of
  486  the owner. A person who has been assessed a penalty pursuant to
  487  this paragraph for failure to have a valid vehicle registration
  488  certificate pursuant to the provisions of chapter 320 is not
  489  subject to the delinquent fee authorized in s. 320.07 if such
  490  person obtains a valid registration certificate within 10
  491  working days after such penalty was assessed.
  492         (4)(a) A commercial motor vehicle may not be operated over
  493  the highways of this state unless it has been properly
  494  registered under s. 207.004. Whenever any law enforcement
  495  officer identified in s. 207.023(1), upon inspecting the vehicle
  496  or combination of vehicles, determines that the vehicle is in
  497  violation of s. 207.004, a penalty in the amount of $50 shall be
  498  assessed, and the vehicle may be detained until payment is
  499  collected by the law enforcement officer.
  500         Section 13. Paragraph (a) of subsection (2) of section
  501  316.613, Florida Statutes, is amended to read:
  502         316.613 Child restraint requirements.—
  503         (2) As used in this section, the term “motor vehicle” means
  504  a motor vehicle as defined in s. 316.003 that is operated on the
  505  roadways, streets, and highways of the state. The term does not
  506  include:
  507         (a) A school bus as defined in s. 316.003 316.003(68).
  508         Section 14. Section 320.08, Florida Statutes, is amended to
  509  read:
  510         320.08 License taxes.—Except as otherwise provided herein,
  511  there are hereby levied and imposed annual license taxes for the
  512  operation of motor vehicles, mopeds, motorized bicycles as
  513  defined in s. 316.003(3) 316.003(2), tri-vehicles as defined in
  514  s. 316.003, and mobile homes as defined in s. 320.01, which
  515  shall be paid to and collected by the department or its agent
  516  upon the registration or renewal of registration of the
  517  following:
  518         (1) MOTORCYCLES AND MOPEDS.—
  519         (a) Any motorcycle: $10 flat.
  520         (b) Any moped: $5 flat.
  521         (c) Upon registration of a motorcycle, motor-driven cycle,
  522  or moped, in addition to the license taxes specified in this
  523  subsection, a nonrefundable motorcycle safety education fee in
  524  the amount of $2.50 shall be paid. The proceeds of such
  525  additional fee shall be deposited in the Highway Safety
  526  Operating Trust Fund to fund a motorcycle driver improvement
  527  program implemented pursuant to s. 322.025, the Florida
  528  Motorcycle Safety Education Program established in s. 322.0255,
  529  or the general operations of the department.
  530         (d) An ancient or antique motorcycle: $7.50 flat, of which
  531  $2.50 shall be deposited into the General Revenue Fund.
  532         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  533         (a) An ancient or antique automobile, as defined in s.
  534  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
  535         (b) Net weight of less than 2,500 pounds: $14.50 flat.
  536         (c) Net weight of 2,500 pounds or more, but less than 3,500
  537  pounds: $22.50 flat.
  538         (d) Net weight of 3,500 pounds or more: $32.50 flat.
  539         (3) TRUCKS.—
  540         (a) Net weight of less than 2,000 pounds: $14.50 flat.
  541         (b) Net weight of 2,000 pounds or more, but not more than
  542  3,000 pounds: $22.50 flat.
  543         (c) Net weight more than 3,000 pounds, but not more than
  544  5,000 pounds: $32.50 flat.
  545         (d) A truck defined as a “goat,” or other vehicle if used
  546  in the field by a farmer or in the woods for the purpose of
  547  harvesting a crop, including naval stores, during such
  548  harvesting operations, and which is not principally operated
  549  upon the roads of the state: $7.50 flat. The term “goat” means a
  550  motor vehicle designed, constructed, and used principally for
  551  the transportation of citrus fruit within citrus groves or for
  552  the transportation of crops on farms, and which can also be used
  553  for hauling associated equipment or supplies, including required
  554  sanitary equipment, and the towing of farm trailers.
  555         (e) An ancient or antique truck, as defined in s. 320.086:
  556  $7.50 flat.
  557         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  558  VEHICLE WEIGHT.—
  559         (a) Gross vehicle weight of 5,001 pounds or more, but less
  560  than 6,000 pounds: $60.75 flat, of which $15.75 shall be
  561  deposited into the General Revenue Fund.
  562         (b) Gross vehicle weight of 6,000 pounds or more, but less
  563  than 8,000 pounds: $87.75 flat, of which $22.75 shall be
  564  deposited into the General Revenue Fund.
  565         (c) Gross vehicle weight of 8,000 pounds or more, but less
  566  than 10,000 pounds: $103 flat, of which $27 shall be deposited
  567  into the General Revenue Fund.
  568         (d) Gross vehicle weight of 10,000 pounds or more, but less
  569  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  570  into the General Revenue Fund.
  571         (e) Gross vehicle weight of 15,000 pounds or more, but less
  572  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  573  into the General Revenue Fund.
  574         (f) Gross vehicle weight of 20,000 pounds or more, but less
  575  than 26,001 pounds: $251 flat, of which $65 shall be deposited
  576  into the General Revenue Fund.
  577         (g) Gross vehicle weight of 26,001 pounds or more, but less
  578  than 35,000: $324 flat, of which $84 shall be deposited into the
  579  General Revenue Fund.
  580         (h) Gross vehicle weight of 35,000 pounds or more, but less
  581  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  582  into the General Revenue Fund.
  583         (i) Gross vehicle weight of 44,000 pounds or more, but less
  584  than 55,000 pounds: $773 flat, of which $201 shall be deposited
  585  into the General Revenue Fund.
  586         (j) Gross vehicle weight of 55,000 pounds or more, but less
  587  than 62,000 pounds: $916 flat, of which $238 shall be deposited
  588  into the General Revenue Fund.
  589         (k) Gross vehicle weight of 62,000 pounds or more, but less
  590  than 72,000 pounds: $1,080 flat, of which $280 shall be
  591  deposited into the General Revenue Fund.
  592         (l) Gross vehicle weight of 72,000 pounds or more: $1,322
  593  flat, of which $343 shall be deposited into the General Revenue
  594  Fund.
  595         (m) Notwithstanding the declared gross vehicle weight, a
  596  truck tractor used within a 150-mile radius of its home address
  597  is eligible for a license plate for a fee of $324 flat if:
  598         1. The truck tractor is used exclusively for hauling
  599  forestry products; or
  600         2. The truck tractor is used primarily for the hauling of
  601  forestry products, and is also used for the hauling of
  602  associated forestry harvesting equipment used by the owner of
  603  the truck tractor.
  604  
  605  Of the fee imposed by this paragraph, $84 shall be deposited
  606  into the General Revenue Fund.
  607         (n) A truck tractor or heavy truck, not operated as a for
  608  hire vehicle, which is engaged exclusively in transporting raw,
  609  unprocessed, and nonmanufactured agricultural or horticultural
  610  products within a 150-mile radius of its home address, is
  611  eligible for a restricted license plate for a fee of:
  612         1. If such vehicle’s declared gross vehicle weight is less
  613  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
  614  deposited into the General Revenue Fund.
  615         2. If such vehicle’s declared gross vehicle weight is
  616  44,000 pounds or more and such vehicle only transports from the
  617  point of production to the point of primary manufacture; to the
  618  point of assembling the same; or to a shipping point of a rail,
  619  water, or motor transportation company, $324 flat, of which $84
  620  shall be deposited into the General Revenue Fund.
  621  
  622  Such not-for-hire truck tractors and heavy trucks used
  623  exclusively in transporting raw, unprocessed, and
  624  nonmanufactured agricultural or horticultural products may be
  625  incidentally used to haul farm implements and fertilizers
  626  delivered direct to the growers. The department may require any
  627  documentation deemed necessary to determine eligibility prior to
  628  issuance of this license plate. For the purpose of this
  629  paragraph, “not-for-hire” means the owner of the motor vehicle
  630  must also be the owner of the raw, unprocessed, and
  631  nonmanufactured agricultural or horticultural product, or the
  632  user of the farm implements and fertilizer being delivered.
  633         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  634  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  635         (a)1. A semitrailer drawn by a GVW truck tractor by means
  636  of a fifth-wheel arrangement: $13.50 flat per registration year
  637  or any part thereof, of which $3.50 shall be deposited into the
  638  General Revenue Fund.
  639         2. A semitrailer drawn by a GVW truck tractor by means of a
  640  fifth-wheel arrangement: $68 flat per permanent registration, of
  641  which $18 shall be deposited into the General Revenue Fund.
  642         (b) A motor vehicle equipped with machinery and designed
  643  for the exclusive purpose of well drilling, excavation,
  644  construction, spraying, or similar activity, and which is not
  645  designed or used to transport loads other than the machinery
  646  described above over public roads: $44 flat, of which $11.50
  647  shall be deposited into the General Revenue Fund.
  648         (c) A school bus used exclusively to transport pupils to
  649  and from school or school or church activities or functions
  650  within their own county: $41 flat, of which $11 shall be
  651  deposited into the General Revenue Fund.
  652         (d) A wrecker, as defined in s. 320.01, which is used to
  653  tow a vessel as defined in s. 327.02, a disabled, abandoned,
  654  stolen-recovered, or impounded motor vehicle as defined in s.
  655  320.01, or a replacement motor vehicle as defined in s. 320.01:
  656  $41 flat, of which $11 shall be deposited into the General
  657  Revenue Fund.
  658         (e) A wrecker that is used to tow any nondisabled motor
  659  vehicle, a vessel, or any other cargo unless used as defined in
  660  paragraph (d), as follows:
  661         1. Gross vehicle weight of 10,000 pounds or more, but less
  662  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  663  into the General Revenue Fund.
  664         2. Gross vehicle weight of 15,000 pounds or more, but less
  665  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  666  into the General Revenue Fund.
  667         3. Gross vehicle weight of 20,000 pounds or more, but less
  668  than 26,000 pounds: $251 flat, of which $65 shall be deposited
  669  into the General Revenue Fund.
  670         4. Gross vehicle weight of 26,000 pounds or more, but less
  671  than 35,000 pounds: $324 flat, of which $84 shall be deposited
  672  into the General Revenue Fund.
  673         5. Gross vehicle weight of 35,000 pounds or more, but less
  674  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  675  into the General Revenue Fund.
  676         6. Gross vehicle weight of 44,000 pounds or more, but less
  677  than 55,000 pounds: $772 flat, of which $200 shall be deposited
  678  into the General Revenue Fund.
  679         7. Gross vehicle weight of 55,000 pounds or more, but less
  680  than 62,000 pounds: $915 flat, of which $237 shall be deposited
  681  into the General Revenue Fund.
  682         8. Gross vehicle weight of 62,000 pounds or more, but less
  683  than 72,000 pounds: $1,080 flat, of which $280 shall be
  684  deposited into the General Revenue Fund.
  685         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  686  flat, of which $343 shall be deposited into the General Revenue
  687  Fund.
  688         (f) A hearse or ambulance: $40.50 flat, of which $10.50
  689  shall be deposited into the General Revenue Fund.
  690         (6) MOTOR VEHICLES FOR HIRE.—
  691         (a) Under nine passengers: $17 flat, of which $4.50 shall
  692  be deposited into the General Revenue Fund; plus $1.50 per cwt,
  693  of which 50 cents shall be deposited into the General Revenue
  694  Fund.
  695         (b) Nine passengers and over: $17 flat, of which $4.50
  696  shall be deposited into the General Revenue Fund; plus $2 per
  697  cwt, of which 50 cents shall be deposited into the General
  698  Revenue Fund.
  699         (7) TRAILERS FOR PRIVATE USE.—
  700         (a) Any trailer weighing 500 pounds or less: $6.75 flat per
  701  year or any part thereof, of which $1.75 shall be deposited into
  702  the General Revenue Fund.
  703         (b) Net weight over 500 pounds: $3.50 flat, of which $1
  704  shall be deposited into the General Revenue Fund; plus $1 per
  705  cwt, of which 25 cents shall be deposited into the General
  706  Revenue Fund.
  707         (8) TRAILERS FOR HIRE.—
  708         (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
  709  shall be deposited into the General Revenue Fund; plus $1.50 per
  710  cwt, of which 50 cents shall be deposited into the General
  711  Revenue Fund.
  712         (b) Net weight 2,000 pounds or more: $13.50 flat, of which
  713  $3.50 shall be deposited into the General Revenue Fund; plus
  714  $1.50 per cwt, of which 50 cents shall be deposited into the
  715  General Revenue Fund.
  716         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  717         (a) A travel trailer or fifth-wheel trailer, as defined by
  718  s. 320.01(1)(b), that does not exceed 35 feet in length: $27
  719  flat, of which $7 shall be deposited into the General Revenue
  720  Fund.
  721         (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
  722  $13.50 flat, of which $3.50 shall be deposited into the General
  723  Revenue Fund.
  724         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  725         1. Net weight of less than 4,500 pounds: $27 flat, of which
  726  $7 shall be deposited into the General Revenue Fund.
  727         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  728  which $12.25 shall be deposited into the General Revenue Fund.
  729         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  730         1. Net weight of less than 4,500 pounds: $27 flat, of which
  731  $7 shall be deposited into the General Revenue Fund.
  732         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  733  which $12.25 shall be deposited into the General Revenue Fund.
  734         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  735         1. Net weight of less than 4,500 pounds: $27 flat, of which
  736  $7 shall be deposited into the General Revenue Fund.
  737         2. Net weight of 4,500 pounds or more: $47.25 flat, of
  738  which $12.25 shall be deposited into the General Revenue Fund.
  739         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  740  35 FEET TO 40 FEET.—
  741         (a) Park trailers.—Any park trailer, as defined in s.
  742  320.01(1)(b)7.: $25 flat.
  743         (b) A travel trailer or fifth-wheel trailer, as defined in
  744  s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
  745         (11) MOBILE HOMES.—
  746         (a) A mobile home not exceeding 35 feet in length: $20
  747  flat.
  748         (b) A mobile home over 35 feet in length, but not exceeding
  749  40 feet: $25 flat.
  750         (c) A mobile home over 40 feet in length, but not exceeding
  751  45 feet: $30 flat.
  752         (d) A mobile home over 45 feet in length, but not exceeding
  753  50 feet: $35 flat.
  754         (e) A mobile home over 50 feet in length, but not exceeding
  755  55 feet: $40 flat.
  756         (f) A mobile home over 55 feet in length, but not exceeding
  757  60 feet: $45 flat.
  758         (g) A mobile home over 60 feet in length, but not exceeding
  759  65 feet: $50 flat.
  760         (h) A mobile home over 65 feet in length: $80 flat.
  761         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  762  motor vehicle dealer, independent motor vehicle dealer, marine
  763  boat trailer dealer, or mobile home dealer and manufacturer
  764  license plate: $17 flat, of which $4.50 shall be deposited into
  765  the General Revenue Fund.
  766         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  767  official license plate: $4 flat, of which $1 shall be deposited
  768  into the General Revenue Fund.
  769         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  770  vehicle for hire operated wholly within a city or within 25
  771  miles thereof: $17 flat, of which $4.50 shall be deposited into
  772  the General Revenue Fund; plus $2 per cwt, of which 50 cents
  773  shall be deposited into the General Revenue Fund.
  774         (15) TRANSPORTER.—Any transporter license plate issued to a
  775  transporter pursuant to s. 320.133: $101.25 flat, of which
  776  $26.25 shall be deposited into the General Revenue Fund.
  777         Section 15. Subsection (2) of section 322.0261, Florida
  778  Statutes, is amended to read:
  779         322.0261 Driver improvement course; requirement to maintain
  780  driving privileges; failure to complete; department approval of
  781  course.—
  782         (2) With respect to an operator convicted of, or who
  783  pleaded nolo contendere to, a traffic offense giving rise to a
  784  crash identified in paragraph (1)(a) or paragraph (1)(b), the
  785  department shall require that the operator, in addition to other
  786  applicable penalties, attend a department-approved driver
  787  improvement course in order to maintain his or her driving
  788  privileges. The department shall include in the course
  789  curriculum instruction specifically addressing the rights of
  790  vulnerable road users as defined in s. 316.003 316.027 relative
  791  to vehicles on the roadway. If the operator fails to complete
  792  the course within 90 days after receiving notice from the
  793  department, the operator’s driver license shall be canceled by
  794  the department until the course is successfully completed.
  795         Section 16. Subsection (1) of section 655.960, Florida
  796  Statutes, is amended to read:
  797         655.960 Definitions; ss. 655.960-655.965.—As used in this
  798  section and ss. 655.961-655.965, unless the context otherwise
  799  requires:
  800         (1) “Access area” means any paved walkway or sidewalk which
  801  is within 50 feet of any automated teller machine. The term does
  802  not include any street or highway open to the use of the public,
  803  as defined in s. 316.003(78)(a) or (b) 316.003(77)(a) or (b),
  804  including any adjacent sidewalk, as defined in s. 316.003.
  805         Section 17. Subsection (1) of section 860.065, Florida
  806  Statutes, is amended to read:
  807         860.065 Commercial transportation; penalty for use in
  808  commission of a felony.—
  809         (1) It is unlawful for any person to attempt to obtain,
  810  solicit to obtain, or obtain any means of public or commercial
  811  transportation or conveyance, including vessels, aircraft,
  812  railroad trains, or commercial motor vehicles as defined in s.
  813  316.003, with the intent to use such public or commercial
  814  transportation or conveyance to commit any felony or to
  815  facilitate the commission of any felony.
  816         Section 18. For the purpose of incorporating the amendment
  817  made by this act to sections 316.083 and 316.084, Florida
  818  Statutes, in references thereto, subsection (5) of section
  819  316.1923, Florida Statutes, is reenacted to read:
  820         316.1923 Aggressive careless driving.—“Aggressive careless
  821  driving” means committing two or more of the following acts
  822  simultaneously or in succession:
  823         (5) Improperly passing as defined in s. 316.083, s.
  824  316.084, or s. 316.085.
  825         Section 19. For the purpose of incorporating the amendment
  826  made by this act to section 316.1925, Florida Statutes, in a
  827  reference thereto, paragraph (b) of subsection (4) of section
  828  316.072, Florida Statutes, is reenacted to read:
  829         316.072 Obedience to and effect of traffic laws.—
  830         (4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
  831  EXCEPTIONS.—
  832         (b) Unless specifically made applicable, the provisions of
  833  this chapter, except those contained in ss. 316.192, 316.1925,
  834  and 316.193, shall not apply to persons, teams, or motor
  835  vehicles and other equipment while actually engaged in work upon
  836  the surface of a highway, but shall apply to such persons and
  837  vehicles when traveling to or from such work.
  838         Section 20. For the purpose of incorporating the amendment
  839  made by this act to section 316.2065, Florida Statutes, in a
  840  reference thereto, paragraph (b) of subsection (1) of section
  841  318.18, Florida Statutes, is reenacted to read:
  842         318.18 Amount of penalties.—The penalties required for a
  843  noncriminal disposition pursuant to s. 318.14 or a criminal
  844  offense listed in s. 318.17 are as follows:
  845         (1) Fifteen dollars for:
  846         (b) All infractions of s. 316.2065, unless otherwise
  847  specified.
  848         Section 21. For the purpose of incorporating the amendment
  849  made by this act to section 318.19, Florida Statutes, in a
  850  reference thereto, subsection (2) of section 318.14, Florida
  851  Statutes, is reenacted to read:
  852         318.14 Noncriminal traffic infractions; exception;
  853  procedures.—
  854         (2) Except as provided in ss. 316.1001(2) and 316.0083, any
  855  person cited for a violation requiring a mandatory hearing
  856  listed in s. 318.19 or any other criminal traffic violation
  857  listed in chapter 316 must sign and accept a citation indicating
  858  a promise to appear. The officer may indicate on the traffic
  859  citation the time and location of the scheduled hearing and must
  860  indicate the applicable civil penalty established in s. 318.18.
  861  For all other infractions under this section, except for
  862  infractions under s. 316.1001, the officer must certify by
  863  electronic, electronic facsimile, or written signature that the
  864  citation was delivered to the person cited. This certification
  865  is prima facie evidence that the person cited was served with
  866  the citation.
  867         Section 22. This act shall take effect October 1, 2017.