House Bill 4197

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    Florida House of Representatives - 1998                HB 4197

        By the Committee on Transportation and Representative
    Fuller





  1                      A bill to be entitled

  2         An act relating to highway safety and motor

  3         vehicles; reenacting s. 316.003, F.S.; relating

  4         to the definition of hazardous material;

  5         amending s. 316.008, F.S.; deleting obsolete

  6         language; amending ss. 316.061, 316.062,

  7         316.063, 316.064, 316.065, 316.066, 316.068,

  8         316.069, 316.070, and 316.072, F.S.; changing

  9         the term "accident" to "crash"; amending s.

10         316.067, F.S.; providing a second degree

11         misdemeanor penalty for certain false reports;

12         amending ss. 316.0745, 316.0747, 316.1895,

13         316.193, and 316.2065, F.S.; deleting obsolete

14         language; amending s. 316.1935, F.S.; providing

15         a first degree misdemeanor penalty for certain

16         violations with respect to fleeing or

17         attempting to elude a law enforcement officer;

18         amending s. 316.2074, F.S.; deleting certain

19         findings of the Legislature with respect to

20         all-terrain vehicles; amending ss. 316.3027 and

21         316.70, F.S.; providing reference to the United

22         States Department of Transportation; amending

23         s. 316.615, F.S., relating to school buses;

24         amending ss. 316.613, 316.6135, and 316.635,

25         F.S.; correcting reference to the Department of

26         Children and Family Services; revising various

27         provisions in chapter 316, F.S., to correct

28         cross references, delete obsolete language, and

29         to provide uniform references to penalties for

30         moving and nonmoving noncriminal traffic

31         offenses punishable under chapter 318, F.S.;

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  1         amending s. 318.12, F.S.; revising references;

  2         amending ss. 318.13 and 318.14, F.S.;

  3         correcting cross references; amending s.

  4         318.18, F.S.; revising language with respect to

  5         civil penalties; amending s. 318.21, F.S.;

  6         correcting cross references and obsolete

  7         language; amending s. 319.28, F.S.; revising

  8         language with respect to repossession; amending

  9         s. 319.33, F.S.; correcting cross references;

10         amending ss. 320.02 and 320.03, F.S.; deleting

11         obsolete language; amending s. 320.031, F.S.;

12         revising language with respect to the mailing

13         of registration certificates, license plates,

14         and validation stickers; amending s. 320.055,

15         F.S.; correcting cross references; amending ss.

16         320.06 and 320.061, F.S.; deleting obsolete

17         language; amending ss. 320.0605 and 320.07,

18         F.S.; providing uniform reference to

19         noncriminal traffic infractions; repealing s.

20         320.073, F.S., relating to refund of impact

21         fees; amending s. 320.0802, F.S.; providing

22         reference to the Department of Management

23         Services; amending s. 320.08058, F.S.; revising

24         language with respect to Florida Special

25         Olympics license plates; amending s. 320.087,

26         F.S.; providing reference to the United States

27         Department of Transportation; amending s.

28         320.1325, F.S.; deleting a cross reference;

29         amending s. 320.20, F.S.; deleting obsolete

30         language; amending s. 320.8255, F.S.; providing

31         reference to labels rather than seals with

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  1         respect to certain mobile home inspections;

  2         repealing s. 320.8256, F.S., relating to

  3         recreational vehicle inspection; amending s.

  4         321.05, F.S.; deleting obsolete language;

  5         repealing ss. 321.06, 321.07, 321.09, 321.15,

  6         321.17, 321.18, 321.19, 321.191, 321.20,

  7         321.201, 321.202, 321.203, 321.21, 321.22,

  8         321.2205, 321.221, 321.222, and 321.223, F.S.,

  9         relating to the Florida Highway Patrol and the

10         pension system therefor; amending s. 322.055,

11         F.S.; providing reference to the Department of

12         Health; amending s. 322.08, F.S.; deleting

13         obsolete language; amending ss. 322.12 and

14         322.121, F.S.; correcting cross references;

15         amending s. 322.141, F.S.; deleting obsolete

16         language; amending s. 322.15, F.S.; providing

17         reference to noncriminal traffic infractions;

18         amending s. 322.20, F.S.; providing reference

19         to the Department of Health; reenacting s.

20         322.264, F.S., relating to habitual traffic

21         offenders; amending s. 322.27, F.S.; correcting

22         cross references; amending s. 322.292, F.S.;

23         revising language with respect to DUI programs

24         supervision; amending s. 322.293, F.S.;

25         deleting obsolete language; amending s. 322.57,

26         F.S.; revising language with respect to driving

27         tests; amending s. 324.202, F.S.; deleting

28         obsolete language; repealing ss. 325.01,

29         325.02, 325.03, 325.04, 325.05, 325.06, 325.07,

30         325.08, 325.09, and 325.10, F.S., relating to

31         vehicle safety equipment and inspections;

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  1         amending s. 325.209, F.S.; revising language

  2         with respect to waivers; reenacting s.

  3         325.212(2), F.S., relating to reinspections;

  4         amending s. 327.25, F.S.; correcting a cross

  5         reference; reenacting s. 328.17(1), F.S.,

  6         relating to nonjudicial sale of vessels;

  7         amending s. 627.7415, F.S., relating to

  8         commercial motor vehicles, to include reference

  9         to noncriminal traffic infractions; amending s.

10         627.742, F.S.; providing reference to

11         noncriminal traffic infractions with respect to

12         certain violations with respect to nonpublic

13         sector buses; providing an effective date.

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  Subsection (69) of section 316.003, Florida

18  Statutes, is reenacted to read:

19         316.003  Definitions.--The following words and phrases,

20  when used in this chapter, shall have the meanings

21  respectively ascribed to them in this section, except where

22  the context otherwise requires:

23         (69)  HAZARDOUS MATERIAL.--Any substance or material

24  which has been determined by the secretary of the United

25  States Department of Transportation to be capable of imposing

26  an unreasonable risk to health, safety, and property.  This

27  term includes hazardous waste as defined in s. 403.703(21).

28         Section 2.  Subsection (6) of section 316.008, Florida

29  Statutes, is amended to read:

30         316.008  Powers of local authorities.--

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  1         (6)  A county or municipality may enact an ordinance

  2  providing for the establishment of a "combat automobile theft"

  3  program, and may charge a fee for the administration of the

  4  program and the cost of the decal. Such a program shall

  5  include:

  6         (a)  Consent forms for motor vehicle owners who wish to

  7  enroll their vehicles.

  8         (b)  Decals indicating a vehicle's enrollment in the

  9  "combat automobile theft" program.  The Department of Law

10  Enforcement shall, no later than October 1, 1993, approve the

11  color, design, and other specifications of the program decal.

12         (c)  A consent form signed by a motor vehicle owner

13  provides authorization for a law enforcement officer to stop

14  the vehicle when it is being driven between the hours of 1

15  a.m. and 5 a.m., provided that a decal is conspicuously

16  affixed to the bottom left corner of the back window of the

17  vehicle to provide notice of its enrollment in the "combat

18  automobile theft" program.  The owner of the motor vehicle is

19  responsible for removing the decal when terminating

20  participation in the program, or when selling or otherwise

21  transferring ownership of the vehicle.  No civil liabilities

22  will arise from the actions of a law enforcement officer when

23  stopping a vehicle with a yellow decal evidencing enrollment

24  in the program when the driver is not enrolled in the program

25  provided that the stop is made in accordance with the

26  requirements of the "combat automobile theft" program.

27         Section 3.  Section 316.061, Florida Statutes, is

28  amended to read:

29         316.061  Crashes Accidents involving damage to vehicle

30  or property.--

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  1         (1)  The driver of any vehicle involved in a crash an

  2  accident resulting only in damage to a vehicle or other

  3  property which is driven or attended by any person shall

  4  immediately stop such vehicle at the scene of such crash

  5  accident or as close thereto as possible, and shall forthwith

  6  return to, and in every event shall remain at, the scene of

  7  the crash accident until he or she has fulfilled the

  8  requirements of s. 316.062. A person who violates this

  9  subsection commits a misdemeanor of the second degree,

10  punishable as provided in s. 775.082 or s. 775.083. Any person

11  failing to stop or comply with said requirements shall, upon

12  conviction, be punished by a fine of not more than $500 or by

13  imprisonment for not more than 60 days or by both such fine

14  and imprisonment. Notwithstanding any other provision of this

15  section, $5 shall be added to a fine imposed pursuant to this

16  section, which $5 shall be deposited in the Emergency Medical

17  Services Trust Fund.

18         (2)  Every stop must be made without obstructing

19  traffic more than is necessary, and, if a damaged vehicle is

20  obstructing traffic, the driver of such vehicle must make

21  every reasonable effort to move the vehicle or have it moved

22  so as not to block the regular flow of traffic.  Any person

23  failing to comply with this subsection shall be cited for a

24  nonmoving violation, punishable as provided in chapter 318.

25         Section 4.  Section 316.062, Florida Statutes, is

26  amended to read:

27         316.062  Duty to give information and render aid.--

28         (1)  The driver of any vehicle involved in a crash an

29  accident resulting in injury to or death of any person or

30  damage to any vehicle or other property which is driven or

31  attended by any person shall give his or her name, address,

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  1  and the registration number of the vehicle he or she is

  2  driving, and shall upon request and if available exhibit his

  3  or her license or permit to drive, to any person injured in

  4  such crash accident or to the driver or occupant of or person

  5  attending any vehicle or other property damaged in the crash

  6  accident and shall give such information and, upon request,

  7  exhibit such license or permit to any police officer at the

  8  scene of the crash accident or who is investigating the crash

  9  accident and shall render to any person injured in the crash

10  accident reasonable assistance, including the carrying, or the

11  making of arrangements for the carrying, of such person to a

12  physician, surgeon, or hospital for medical or surgical

13  treatment if it is apparent that treatment is necessary, or if

14  such carrying is requested by the injured person.

15         (2)  In the event none of the persons specified are in

16  condition to receive the information to which they otherwise

17  would be entitled under subsection (1), and no police officer

18  is present, the driver of any vehicle involved in such crash

19  accident, after fulfilling all other requirements of s.

20  316.027 and subsection (1), insofar as possible on his or her

21  part to be performed, shall forthwith report the crash

22  accident to the nearest office of a duly authorized police

23  authority and submit thereto the information specified in

24  subsection (1).

25         (3)  The statutory duty of a person to make a report or

26  give information to a law enforcement officer making a written

27  report relating to a crash an accident shall not be construed

28  as extending to information which would violate the privilege

29  of such person against self-incrimination.

30

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  1         (4)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 5.  Section 316.063, Florida Statutes, is

  5  amended to read:

  6         316.063  Duty upon damaging unattended vehicle or other

  7  property.--

  8         (1)  The driver of any vehicle which collides with, or

  9  is involved in a crash an accident with, any vehicle or other

10  property which is unattended, resulting in any damage to such

11  other vehicle or property, shall immediately stop and shall

12  then and there either locate and notify the operator or owner

13  of the vehicle or other property of the driver's name and

14  address and the registration number of the vehicle he or she

15  is driving, or shall attach securely in a conspicuous place in

16  or on the vehicle or other property a written notice giving

17  the driver's name and address and the registration number of

18  the vehicle he or she is driving, and shall without

19  unnecessary delay notify the nearest office of a duly

20  authorized police authority.  Every such stop shall be made

21  without obstructing traffic more than is necessary. If a

22  damaged vehicle is obstructing traffic, the driver shall make

23  every reasonable effort to move the vehicle or have it moved

24  so as not to obstruct the regular flow of traffic. Any person

25  who fails to comply with this subsection commits a misdemeanor

26  of the second degree, punishable as provided in s. 775.082 or

27  s. 775.083.

28         (2)  The law enforcement officer at the scene of a

29  crash an accident required to be reported in accordance with

30  the provisions of subsection (1) or the law enforcement

31  officer receiving a report by a driver as required by

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  1  subsection (1) shall, if part or any of the property damaged

  2  is a fence or other structure used to house or contain

  3  livestock, promptly make a reasonable effort to notify the

  4  owner, occupant, or agent of this damage.

  5         Section 6.  Section 316.064, Florida Statutes, is

  6  amended to read:

  7         316.064  When driver unable to report.--

  8         (1)  A crash An accident report is not required under

  9  this chapter from any person who is physically incapable of

10  making a report during the period of such incapacity.

11         (2)  Whenever the driver of a vehicle is physically

12  incapable of making an immediate or a written report of a

13  crash an accident, as required in ss. 316.065 and 316.066, and

14  there was another occupant in the vehicle at the time of the

15  crash accident capable of making a report, such occupant shall

16  make or cause to be made the report not made by the driver.

17         (3)  Whenever the driver is physically incapable of

18  making a written report of a crash an accident as required in

19  this chapter, then the owner of the vehicle involved in the

20  crash accident shall, within 10 days after the crash accident,

21  make such report not made by the driver.

22         (4)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a nonmoving violation as

24  provided in chapter 318.

25         Section 7.  Section 316.065, Florida Statutes, is

26  amended to read:

27         316.065  Crashes Accidents; reports; penalties.--

28         (1)  The driver of a vehicle involved in a crash an

29  accident resulting in injury to or death of any persons or

30  damage to any vehicle or other property in an apparent amount

31  of at least $500 shall immediately by the quickest means of

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  1  communication give notice of the crash accident to the local

  2  police department, if such crash accident occurs within a

  3  municipality; otherwise, to the office of the county sheriff

  4  or the nearest office or station of the Florida Highway

  5  Patrol. A violation of this subsection is a noncriminal

  6  traffic infraction, punishable as a nonmoving violation as

  7  provided in chapter 318.

  8         (2)  Every coroner or other official performing like

  9  functions, upon learning of the death of a person in his or

10  her jurisdiction as the result of a traffic crash accident,

11  shall immediately notify the nearest office or station of the

12  department.

13         (3)  Any person in charge of any garage or repair shop

14  to which is brought any motor vehicle which shows evidence of

15  having been struck by a bullet, or any other person to whom is

16  brought for the purpose of repair a motor vehicle showing such

17  evidence, shall make a report, or cause a report to be made,

18  to the nearest local police station or Florida Highway Patrol

19  office within 24 hours after the motor vehicle is received and

20  before any repairs are made to the vehicle.  The report shall

21  contain the year, license number, make, model, and color of

22  the vehicle and the name and address of the owner or person in

23  possession of the vehicle.

24         (4)  Any person who knowingly repairs a motor vehicle

25  without having made a report as required by subsection (3) is

26  guilty of a misdemeanor of the first degree, punishable as

27  provided in s. 775.082 or s. 775.083. The owner and driver of

28  a vehicle involved in a crash an accident who makes a report

29  thereof in accordance with subsection (1) or s. 316.066(1) is

30  not liable under this section.

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  1         Section 8.  Section 316.066, Florida Statutes, is

  2  amended to read:

  3         316.066  Written reports of crashes accidents.--

  4         (1)  The driver of a vehicle which is in any manner

  5  involved in a crash an accident resulting in bodily injury to

  6  or death of any person or damage to any vehicle or other

  7  property in an apparent amount of at least $500 shall, within

  8  10 days after the crash accident, forward a written report of

  9  such crash accident to the department or traffic records

10  center. However, when the investigating officer has made a

11  written report of the crash accident pursuant to paragraph

12  (3)(a), no written report need be forwarded to the department

13  or traffic records center by the driver.

14         (2)  The receiving entity may require any driver of a

15  vehicle involved in a crash an accident of which a written

16  report must be made as provided in this section to file

17  supplemental written reports whenever the original report is

18  insufficient in the opinion of the department and may require

19  witnesses of crashes accidents to render reports to the

20  department.

21         (3)(a)  Every law enforcement officer who in the

22  regular course of duty investigates a motor vehicle crash

23  accident:

24         1.  Which crash accident resulted in death or personal

25  injury shall, within 10 days after completing the

26  investigation, forward a written report of the crash accident

27  to the department or traffic records center.

28         2.  Which crash accident involved a violation of s.

29  316.061(1) or s. 316.193 shall, within 10 days after

30  completing the investigation, forward a written report of the

31  crash accident to the department or traffic records center.

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  1         3.  In which crash accident a vehicle was rendered

  2  inoperative to a degree which required a wrecker to remove it

  3  from traffic may, within 10 days after completing the

  4  investigation, forward a written report of the crash accident

  5  to the department or traffic records center if such action is

  6  appropriate, in the officer's discretion.

  7

  8  However, in every case in which a crash an accident report is

  9  required by this section and a written report to a law

10  enforcement officer is not prepared, the law enforcement

11  officer shall provide each party involved in the crash

12  accident a short-form report, prescribed by the state, to be

13  completed by the party. The short-form report must include,

14  but is not limited to: the date, time, and location of the

15  crash accident; a description of the vehicles involved; the

16  names and addresses of the parties involved; the names and

17  addresses of witnesses; the name, badge number, and law

18  enforcement agency of the officer investigating the crash

19  accident; and the names of the insurance companies for the

20  respective parties involved in the crash accident. Each party

21  to the crash accident shall provide the law enforcement

22  officer with proof of insurance to be included in the crash

23  accident report. If a law enforcement officer submits a report

24  on the accident, proof of insurance must be provided to the

25  officer by each party involved in the crash accident. Any

26  party who fails to provide the required information is guilty

27  of an infraction for a nonmoving violation, punishable as

28  provided in chapter 318 unless the officer determines that due

29  to injuries or other special circumstances such insurance

30  information cannot be provided immediately. If the person

31  provides the law enforcement agency, within 24 hours after the

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  1  crash accident, proof of insurance that was valid at the time

  2  of the crash accident, the law enforcement agency may void the

  3  citation.

  4         (b)  One or more counties may enter into an agreement

  5  with the appropriate state agency to be certified by the

  6  agency to have a traffic records center for the purpose of

  7  tabulating and analyzing countywide traffic crash accident

  8  reports. The agreement must include:  certification by the

  9  agency that the center has adequate auditing and monitoring

10  mechanisms in place to ensure the quality and accuracy of the

11  data; the time period in which the traffic records center must

12  report crash accident data to the agency; and the medium in

13  which the traffic records must be submitted to the agency. In

14  the case of a county or multicounty area that has a certified

15  central traffic records center, a law enforcement agency or

16  driver must submit to the center within the time limit

17  prescribed in this section a written report of the crash

18  accident. A driver who is required to file a crash an accident

19  report must be notified of the proper place to submit the

20  completed report. Fees for copies of public records provided

21  by a certified traffic records center shall be charged and

22  collected as follows:

23         For a crash an accident report.............$2 per copy.

24         For a homicide report.....................$25 per copy.

25         For a uniform traffic citation..........$0.50 per copy.

26

27  The fees collected for copies of the public records provided

28  by a certified traffic records center shall be used to fund

29  the center or otherwise as designated by the county or

30  counties participating in the center.

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  1         (c)  Crash Accident reports made by law enforcement

  2  officers shall not be used for commercial solicitation

  3  purposes; provided, however, the that use of a crash an

  4  accident report for purposes of publication in a newspaper or

  5  other news periodical or a radio or television broadcast shall

  6  not be construed as "commercial purpose."

  7         (4)  Except as specified in this subsection, each crash

  8  accident report made by a person involved in a crash an

  9  accident and any statement made by such person to a law

10  enforcement officer for the purpose of completing a crash an

11  accident report required by this section shall be without

12  prejudice to the individual so reporting. No such report or

13  statement shall be used as evidence in any trial, civil or

14  criminal.  However, subject to the applicable rules of

15  evidence, a law enforcement officer at a criminal trial may

16  testify as to any statement made to the officer by the person

17  involved in the crash accident if that person's privilege

18  against self-incrimination is not violated.  The results of

19  breath, urine, and blood tests administered as provided in s.

20  316.1932 or s. 316.1933 are not confidential and shall be

21  admissible into evidence in accordance with the provisions of

22  s. 316.1934(2). Crash Accident reports made by persons

23  involved in crashes accidents shall not be used for commercial

24  solicitation purposes; provided, however, the that use of a

25  crash an accident report for purposes of publication in a

26  newspaper or other news periodical or a radio or television

27  broadcast shall not be construed as "commercial purpose."

28         (5)  For purposes of this section, a written report

29  includes a report generated by a law enforcement agency

30  through the use of a computer.

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  1         (6)  Any driver failing to file the written report

  2  required under subsection (1) or subsection (2) commits a

  3  noncriminal traffic infraction, punishable as a nonmoving

  4  violation as provided in chapter 318 is subject to the penalty

  5  provided in s. 318.18(2).

  6         Section 9.  Section 316.067, Florida Statutes, is

  7  amended to read:

  8         316.067  False reports.--Any person who gives

  9  information in oral, electronic, or written reports as

10  required in this chapter, knowing or having reason to believe

11  that such information is false, commits a misdemeanor of the

12  second degree, punishable as provided in s. 775.082 or s.

13  775.083 shall be punished by a fine of not more than $500 or

14  by imprisonment for not more than 60 days or by both such fine

15  and imprisonment.

16         Section 10.  Section 316.068, Florida Statutes, is

17  amended to read:

18         316.068  Crash Accident report forms.--

19         (1)  The department shall prepare and, upon request,

20  supply to police departments, sheriffs, and other appropriate

21  agencies or individuals forms for crash accident reports as

22  required in this chapter, suitable with respect to the persons

23  required to make such reports and the purposes to be served.

24  The form must call for sufficiently detailed information to

25  disclose, with reference to a vehicle crash accident, the

26  cause and conditions then existing and the persons and

27  vehicles involved. Every crash accident report form must call

28  for the policy numbers of liability insurance and the names of

29  carriers covering any vehicle involved in a crash an accident

30  required to be reported by this chapter.

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  1         (2)  Every crash accident report required to be made in

  2  writing must be made on the appropriate form approved by the

  3  department and must contain all the information required

  4  therein unless not available. Notwithstanding any other

  5  provisions of this section, a crash an accident report

  6  produced electronically by a law enforcement officer must, at

  7  a minimum, contain the same information as is called for on

  8  those forms approved by the department.

  9         Section 11.  Section 316.069, Florida Statutes, is

10  amended to read:

11         316.069  State to tabulate and analyze crash accident

12  reports.--The state shall tabulate and may analyze all crash

13  accident reports and shall publish, annually, or at more

14  frequent intervals, statistical information based thereon as

15  to the number and circumstances of traffic crashes accidents.

16  The state shall maintain separate statistics on the number and

17  location of crashes accidents involving tandem trailer trucks.

18         Section 12.  Section 316.070, Florida Statutes, is

19  amended to read:

20         316.070  Exchange of information at scene of crash

21  accident.--The law enforcement officer at the scene of a crash

22  an accident required to be reported in accordance with the

23  provisions of s. 316.066 shall instruct the driver of each

24  vehicle involved in the crash accident to report the following

25  to all other parties suffering injury or property damage as an

26  apparent result of the crash accident:

27         (1)  The name and address of the owner and the driver

28  of the vehicle.

29         (2)  The license number of the vehicle.

30         (3)  The name of the liability carrier for the vehicle.

31

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  1         Section 13.  Subsections (2) and (3) of section

  2  316.072, Florida Statutes, are amended to read:

  3         316.072  Obedience to and effect of traffic laws.--

  4         (2)  REQUIRED OBEDIENCE TO TRAFFIC LAWS.--It is

  5  unlawful for any person to do any act forbidden, or to fail to

  6  perform any act required, in this chapter.  It is unlawful for

  7  the owner, or any other person employing or otherwise

  8  directing the driver of any vehicle, to require or knowingly

  9  permit the operation of such vehicle upon a highway in any

10  manner contrary to law. A violation of this subsection is a

11  noncriminal traffic infraction, punishable as a moving

12  violation as provided in chapter 318.

13         (3)  OBEDIENCE TO POLICE AND FIRE DEPARTMENT

14  OFFICIALS.--It is unlawful and a misdemeanor of the second

15  degree, punishable as provided in s. 775.082 or s. 775.083,

16  for any person willfully to fail or refuse to comply with any

17  lawful order or direction of any law enforcement officer,

18  traffic crash accident investigation officer as described in

19  s. 316.640, traffic infraction enforcement officer as

20  described in s. 316.640 318.141, or member of the fire

21  department at the scene of a fire, rescue operation, or other

22  emergency. Notwithstanding the provisions of this subsection,

23  certified emergency medical technicians or paramedics may

24  respond to the scene of emergencies and may provide emergency

25  medical treatment on the scene and provide transport of

26  patients in the performance of their duties for an emergency

27  medical services provider licensed under chapter 401 and in

28  accordance with any local emergency medical response

29  protocols.

30         Section 14.  Subsection (6) is added to section

31  316.074, Florida Statutes, to read:

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  1         316.074  Obedience to and required traffic control

  2  devices.--

  3         (6)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a moving violation as

  5  provided in chapter 318.

  6         Section 15.  Subsection (3) of section 316.0745,

  7  Florida Statutes, is amended to read:

  8         316.0745  Uniform signals and devices.--

  9         (2)  The Department of Transportation shall compile and

10  publish a manual of uniform traffic control devices which

11  defines the uniform system adopted pursuant to subsection (1),

12  and shall compile and publish minimum specifications for

13  traffic control signals and devices certified by it as

14  conforming with the uniform system.

15         (a)  The department shall make copies of such manual

16  and specifications available to all counties, municipalities,

17  and other public bodies having jurisdiction of streets or

18  highways open to the public in this state.

19         (b)  The manual shall provide for the use of regulatory

20  speed signs in work zone areas. The installation of such signs

21  is exempt from the provisions of s. 335.10.

22         (3)  All official traffic control signals or official

23  traffic control devices purchased and installed in this state

24  by any public body or official shall conform with the manual

25  and specifications published by the Department of

26  Transportation pursuant to subsection (2). All traffic control

27  devices other than traffic control signals purchased prior to

28  July 1, 1972, not conforming to said system may continue in

29  use until January 1, 1975, after which time such devices must

30  comply with the uniform system.  All traffic control signals

31  purchased prior to January 1, 1972, not conforming to said

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  1  system may continue in use until January 1, 1980, after which

  2  time such signals must comply with the uniform system.

  3         Section 16.  Section 316.0747, Florida Statutes, is

  4  amended to read:

  5         316.0747  Sale or purchase of traffic control devices

  6  by nongovernmental entities; prohibitions.--

  7         (1)  It is unlawful for any nongovernmental entity to

  8  use any traffic control device at any place where the general

  9  public is invited, unless such device conforms to the uniform

10  system of traffic control devices adopted by the Department of

11  Transportation pursuant to this chapter.

12         (2)  Any nonconforming traffic control device in use by

13  a nongovernmental entity prior to January 1, 1980, may be used

14  for the remainder of its useful life, but no longer than

15  January 1, 1992, after which any replacement device shall

16  conform to the uniform system of traffic control devices

17  adopted by the Department of Transportation.

18         (2)(3)  Nongovernmental entities to which the general

19  public is invited to travel shall install and maintain uniform

20  traffic control devices at appropriate locations pursuant to

21  the standards set forth by the Manual on Uniform Traffic

22  Control Devices as adopted by the Department of Transportation

23  pursuant to s. 316.0745.  Such traffic control devices shall

24  be installed no later than January 1, 1992.  Businesses the

25  parking lots of which do not provide intersecting lanes of

26  traffic and businesses having fewer than 25 parking spaces are

27  exempt from the provisions of this subsection.  The Department

28  of Transportation shall adopt rules to implement this section.

29         (3)(4)  A person who violates this section commits a

30  misdemeanor of the second degree, punishable as provided in s.

31  775.082 or s. 775.083.

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  1         Section 17.  Section 316.075, Florida Statutes, is

  2  amended to read:

  3         316.075  Traffic control signal devices.--

  4         (1)  Except for automatic warning signal lights

  5  installed or to be installed at railroad crossings, whenever

  6  traffic, including municipal traffic, is controlled by traffic

  7  control signals exhibiting different colored lights, or

  8  colored lighted arrows, successively one at a time or in

  9  combination, only the colors green, red, and yellow shall be

10  used, except for special pedestrian signals carrying a word

11  legend, and the lights shall indicate and apply to drivers of

12  vehicles and pedestrians as follows:

13         (a)(1)  Green indication.--

14         1.(a)  Vehicular traffic facing a circular green signal

15  may proceed cautiously straight through or turn right or left

16  unless a sign at such place prohibits either such turn.  But

17  vehicular traffic, including vehicles turning right or left,

18  shall yield the right-of-way to other vehicles and to

19  pedestrians lawfully within the intersection or an adjacent

20  crosswalk at the time such signal is exhibited.

21         2.(b)  Vehicular traffic facing a green arrow signal,

22  shown alone or in combination with another indication, as

23  directed by the manual, may cautiously enter the intersection

24  only to make the movement indicated by such arrow, or such

25  other movement as is permitted by other indications shown at

26  the same time, except the driver of any vehicle may U-turn, so

27  as to proceed in the opposite direction unless such movement

28  is prohibited by posted traffic control signs.  Such vehicular

29  traffic shall yield the right-of-way to pedestrians lawfully

30  within an adjacent crosswalk and to other traffic lawfully

31  using the intersection.

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  1         3.(c)  Unless otherwise directed by a pedestrian

  2  control signal as provided in s. 316.0755, pedestrians facing

  3  any green signal, except when the sole green signal is a turn

  4  arrow, may proceed across the roadway within any marked or

  5  unmarked crosswalk.

  6         (b)(2)  Steady yellow indication.--

  7         1.(a)  Vehicular traffic facing a steady yellow signal

  8  is thereby warned that the related green movement is being

  9  terminated or that a red indication will be exhibited

10  immediately thereafter when vehicular traffic shall not enter

11  the intersection.

12         2.(b)  Pedestrians facing a steady yellow signal,

13  unless otherwise directed by a pedestrian control signal as

14  provided in s. 316.0755, are thereby advised that there is

15  insufficient time to cross the roadway before a red indication

16  is shown and no pedestrian shall start to cross the roadway.

17         (c)(3)  Steady red indication.--

18         1.(a)  Vehicular traffic facing a steady red signal

19  shall stop before entering the crosswalk on the near side of

20  the intersection or, if none, then before entering the

21  intersection and shall remain standing until a green

22  indication is shown; however:

23         a.1.  The driver of a vehicle which is stopped at a

24  clearly marked stop line, but if none, before entering the

25  crosswalk on the near side of the intersection, or, if none

26  then at the point nearest the intersecting roadway where the

27  driver has a view of approaching traffic on the intersecting

28  roadway before entering the intersection in obedience to a

29  steady red signal may make a right turn, but shall yield the

30  right-of-way to pedestrians and other traffic proceeding as

31  directed by the signal at the intersection, except that

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  1  municipal and county authorities may prohibit any such right

  2  turn against a steady red signal at any intersection, which

  3  prohibition shall be effective when a sign giving notice

  4  thereof is erected in a location visible to traffic

  5  approaching the intersection.

  6         b.2.  The driver of a vehicle on a one-way street that

  7  intersects another one-way street on which traffic moves to

  8  the left shall stop in obedience to a steady red signal, but

  9  may then make a left turn into the one-way street, but shall

10  yield the right-of-way to pedestrians and other traffic

11  proceeding as directed by the signal at the intersection,

12  except that municipal and county authorities may prohibit any

13  such left turn as described, which prohibition shall be

14  effective when a sign giving notice thereof is attached to the

15  traffic control signal device at the intersection.

16         2.(b)  Unless otherwise directed by a pedestrian

17  control signal as provided in s. 316.0755, pedestrians facing

18  a steady red signal shall not enter the roadway.

19         (2)(4)  In the event an official traffic control signal

20  is erected and maintained at a place other than an

21  intersection, the provisions of this section shall be

22  applicable except as to those provisions which by their nature

23  can have no application.  Any stop required shall be made at a

24  sign or marking on the pavement indicating where the stop

25  shall be made, but in the absence of any such sign or marking

26  the stop shall be made at the signal.

27         (3)(5)(a)  No traffic control signal device shall be

28  used which does not exhibit a yellow or "caution" light

29  between the green or "go" signal and the red or "stop" signal.

30         (b)  No traffic control signal device shall display

31  other than the color red at the top of the vertical signal,

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  1  nor shall it display other than the color red at the extreme

  2  left of the horizontal signal.

  3         (4)  A violation of this section is a noncriminal

  4  traffic infraction, punishable pursuant to chapter 318 as

  5  either a pedestrian violation or, if the infraction resulted

  6  from the operation of a vehicle, as a moving violation.

  7         Section 18.  Section 316.076, Florida Statutes, is

  8  amended to read:

  9         316.076  Flashing signals.--

10         (1)  Whenever an illuminated flashing red or yellow

11  signal is used in a traffic sign or signal it shall require

12  obedience by vehicular traffic as follows:

13         (a)(1)  Flashing red (stop signal).--When a red lens is

14  illuminated with rapid intermittent flashes, drivers of

15  vehicles shall stop at a clearly marked stop line, but if

16  none, before entering the crosswalk on the near side of the

17  intersection, or if none, then at the point nearest the

18  intersecting roadway where the driver has a view of

19  approaching traffic on the intersecting roadway before

20  entering the intersection, and the right to proceed shall be

21  subject to the rules applicable after making a stop at a stop

22  sign.

23         (b)(2)  Flashing yellow (caution signal).--When a

24  yellow lens is illuminated with rapid intermittent flashes,

25  drivers of vehicles may proceed through the intersection or

26  past such signal only with caution.

27         (2)(3)  This section does not apply at railroad-highway

28  grade crossings.  Conduct of drivers of vehicles approaching

29  such crossings shall be governed by the rules as set forth in

30  ss. 316.1575 and 316.159.

31

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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 19.  Section 316.0765, Florida Statutes, is

  5  amended to read:

  6         316.0765  Lane direction control signals.--When lane

  7  direction control signals are placed over the individual lanes

  8  of a street or highway, vehicular traffic may travel in any

  9  lane or lanes over which a green signal is shown, but shall

10  not enter or travel in any lane or lanes over which a red

11  signal is shown. A violation of this section is a noncriminal

12  traffic infraction, punishable as a moving violation as

13  provided in chapter 318.

14         Section 20.  Subsection (5) is added to section

15  316.077, Florida Statutes, to read:

16         316.077  Display of unauthorized signs, signals or

17  markings.--

18         (5)  A violation of this section is a noncriminal

19  traffic infraction, punishable as a nonmoving violation as

20  provided in chapter 318.

21         Section 21.  Section 316.0775, Florida Statutes, is

22  amended to read:

23         316.0775  Interference with official traffic control

24  devices or railroad signs or signals.--No person shall,

25  without lawful authority, attempt to or in fact alter, deface,

26  injure, knock down or remove any official traffic control

27  device or any railroad sign or signal or any inscription,

28  shield or insignia thereon, or any other part thereof. A

29  violation of this section is a noncriminal traffic infraction,

30  punishable as a nonmoving violation as provided in chapter

31  318.

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  1         Section 22.  Section 316.078, Florida Statutes, is

  2  amended to read:

  3         316.078  Detour signs to be respected.--

  4         (1)  It is unlawful to tear down or deface any detour

  5  sign or to break down or drive around any barricade erected

  6  for the purpose of closing any section of a public street or

  7  highway to traffic during the construction or repair thereof

  8  or to drive over such section of public street or highway

  9  until again thrown open to public traffic.  However, such

10  restriction shall not apply to the person in charge of the

11  construction or repairs.

12         (2)  A violation of this section is a noncriminal

13  traffic infraction, punishable pursuant to chapter 318 as:

14         (a)  A nonmoving violation for tearing, breaking down,

15  or defacing any detour sign.

16         (b)  A moving violation for driving around any

17  barricade erected for the purpose of closing any section of a

18  public street or highway to traffic that is under construction

19  or repair or driving over such section of public street or

20  highway until open to public traffic.

21         Section 23.  Subsection (3) is added to section

22  316.079, Florida Statutes, to read:

23         316.079  Duty to yield to highway construction

24  workers.--

25         (3)  A violation of this section is a noncriminal

26  traffic infraction, punishable as a moving violation as

27  provided in chapter 318.

28         Section 24.  Subsection (4) is added to section

29  316.081, Florida Statutes, to read:

30         316.081  Driving on right side of roadway;

31  exceptions.--

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  1         (4)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 25.  Subsection (3) is added to section

  5  316.082, Florida Statutes, to read:

  6         316.082  Passing vehicles proceeding in opposite

  7  directions.--

  8         (3)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a moving violation as

10  provided in chapter 318.

11         Section 26.  Section 316.0825, Florida Statutes, is

12  amended to read:

13         316.0825  Vehicle approaching an animal.--Every person

14  operating a motor vehicle shall use reasonable care when

15  approaching or passing a person who is riding or leading an

16  animal upon a roadway or the shoulder thereof, and shall not

17  intentionally startle or injure such an animal. A violation of

18  this section is a noncriminal traffic infraction, punishable

19  as a moving violation as provided in chapter 318.

20         Section 27.  Subsection (3) is added to section

21  316.083, Florida Statutes, to read:

22         316.083  Overtaking and passing a vehicle.--The

23  following rules shall govern the overtaking and passing of

24  vehicles proceeding in the same direction, subject to those

25  limitations, exceptions, and special rules hereinafter stated:

26         (3)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a moving violation as

28  provided in chapter 318.

29         Section 28.  Subsection (3) is added to section

30  316.084, Florida Statutes, to read:

31         316.084  When overtaking on the right is permitted.--

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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 29.  Subsection (3) is added to section

  5  316.085, Florida Statutes, to read:

  6         316.085  Limitations on overtaking, passing, changing

  7  lanes and changing course.--

  8         (3)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a moving violation as

10  provided in chapter 318.

11         Section 30.  Subsection (3) is added to section

12  316.087, Florida Statutes, to read:

13         316.087  Further limitations on driving to left of

14  center of roadway.--

15         (3)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a moving violation as

17  provided in chapter 318.

18         Section 31.  Subsection (4) is added to section

19  316.0875, Florida Statutes, to read:

20         316.0875  No-passing zones.--

21         (4)  A violation of this section is a noncriminal

22  traffic infraction, punishable as a moving violation as

23  provided in chapter 318.

24         Section 32.  Subsection (4) is added to section

25  316.088, Florida Statutes, to read:

26         316.088  One-way roadways and rotary traffic islands.--

27         (4)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a moving violation as

29  provided in chapter 318.

30         Section 33.  Subsection (5) is added to section

31  316.089, Florida Statutes, to read:

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  1         316.089  Driving on roadways laned for

  2  traffic.--Whenever any roadway has been divided into two or

  3  more clearly marked lanes for traffic, the following rules, in

  4  addition to all others consistent herewith, shall apply:

  5         (5)  A violation of this section is a noncriminal

  6  traffic infraction, punishable as a moving violation as

  7  provided in chapter 318.

  8         Section 34.  Subsection (4) is added to section

  9  316.0895, Florida Statutes, to read:

10         316.0895  Following too closely.--

11         (4)  A violation of this section is a noncriminal

12  traffic infraction, punishable as a moving violation as

13  provided in chapter 318.

14         Section 35.  Subsection (3) is added to section

15  316.090, Florida Statutes, to read:

16         316.090  Driving on divided highways.--

17         (3)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a moving violation as

19  provided in chapter 318.

20         Section 36.  Subsection (5) is added to section

21  316.091, Florida Statutes, to read:

22         316.091  Limited access facilities; interstate

23  highways; use restricted.--

24         (5)  A violation of this section is a noncriminal

25  traffic infraction, punishable as a moving violation as

26  provided in chapter 318.

27         Section 37.  Subsection (6) is added to section

28  316.121, Florida Statutes, to read:

29         316.121  Vehicles approaching or entering

30  intersections.--

31

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  1         (6)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 38.  Section 316.122, Florida Statutes, is

  5  amended to read:

  6         316.122  Vehicle turning left.--The driver of a vehicle

  7  intending to turn to the left within an intersection or into

  8  an alley, private road, or driveway shall yield the

  9  right-of-way to any vehicle approaching from the opposite

10  direction which is within the intersection or so close thereto

11  as to constitute an immediate hazard. A violation of this

12  section is a noncriminal traffic infraction, punishable as a

13  moving violation as provided in chapter 318.

14         Section 39.  Subsection (4) is added to section

15  316.123, Florida Statutes, to read:

16         316.123  Vehicle entering stop or yield intersection.--

17         (4)  A violation of this section is a noncriminal

18  traffic infraction, punishable as a moving violation as

19  provided in chapter 318.

20         Section 40.  Section 316.1235, Florida Statutes, is

21  amended to read:

22         316.1235  Vehicle approaching intersection in which

23  traffic lights are inoperative.--The driver of a vehicle

24  approaching an intersection in which the traffic lights are

25  inoperative shall stop in the manner indicated in s.

26  316.123(2) for approaching a stop intersection.  In the event

27  that only some of the traffic lights within an intersection

28  are inoperative, the driver of a vehicle approaching an

29  inoperative light shall stop in the above-prescribed manner. A

30  violation of this section is a noncriminal traffic infraction,

31  punishable as a moving violation as provided in chapter 318.

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  1         Section 41.  Subsection (3) is added to section

  2  316.125, Florida Statutes, to read:

  3         316.125  Vehicle entering highway from private road or

  4  driveway or emerging from alley, driveway or building.--

  5         (3)  A violation of this section is a noncriminal

  6  traffic infraction, punishable as a moving violation as

  7  provided in chapter 318.

  8         Section 42.  Subsection (6) is added to section

  9  316.126, Florida Statutes, to read:

10         316.126  Operation of vehicles and actions of

11  pedestrians on approach of authorized emergency vehicle.--

12         (6)  A violation of this section is a noncriminal

13  traffic infraction, punishable pursuant to chapter 318 as

14  either a moving violation for infractions of subsection (1) or

15  subsection (3), or as a pedestrian violation for infractions

16  of subsection (2).

17         Section 43.  Subsection (19) is added to section

18  316.130, Florida Statutes, to read:

19         316.130  Pedestrian obedience to traffic control

20  devices and traffic regulations.--

21         (19)  A violation of this section is a noncriminal

22  traffic infraction, punishable pursuant to chapter 318 as

23  either a pedestrian violation or, if the infraction resulted

24  from the operation of a vehicle, as a moving violation.

25         Section 44.  Section 316.1355, Florida Statutes, is

26  amended to read:

27         316.1355  Driving through safety zone prohibited.--No

28  vehicle shall at any time be driven through or within a safety

29  zone. A violation of this section is a noncriminal traffic

30  infraction, punishable as a moving violation as provided in

31  chapter 318.

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  1         Section 45.  Subsection (3) is added to section

  2  316.151, Florida Statutes, to read:

  3         316.151  Required position and method of turning at

  4  intersections.--

  5         (3)  A violation of this section is a noncriminal

  6  traffic infraction, punishable as a moving violation as

  7  provided in chapter 318.

  8         Section 46.  Section 316.1515, Florida Statutes, is

  9  amended to read:

10         316.1515  Limitations on turning around.--The driver of

11  any vehicle shall not turn the vehicle so as to proceed in the

12  opposite direction upon any street unless such movement can be

13  made in safety and without interfering with other traffic and

14  unless such movement is not prohibited by posted traffic

15  control signs. A violation of this section is a noncriminal

16  traffic infraction, punishable as a moving violation as

17  provided in chapter 318.

18         Section 47.  Section 316.152, Florida Statutes, is

19  amended to read:

20         316.152  Turning on curve or crest of grade

21  prohibited.--No vehicle shall be turned so as to proceed in

22  the opposite direction upon any curve, or upon the approach

23  to, or near, the crest of a grade, where such vehicle cannot

24  be seen by the driver of any other vehicle approaching from

25  either direction within 500 feet. A violation of this section

26  is a noncriminal traffic infraction, punishable as a moving

27  violation as provided in chapter 318.

28         Section 48.  Section 316.154, Florida Statutes, is

29  amended to read:

30         316.154  Starting parked vehicle.--No person shall

31  start a vehicle which is stopped, standing, or parked, unless

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  1  and until such movement can be made with reasonable safety. A

  2  violation of this section is a noncriminal traffic infraction,

  3  punishable as a moving violation as provided in chapter 318.

  4         Section 49.  Subsection (5) is added to section

  5  316.155, Florida Statutes, to read:

  6         316.155  When signal required.--

  7         (5)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a moving violation as

  9  provided in chapter 318.

10         Section 50.  Subsection (3) is added to section

11  316.156, Florida Statutes, to read:

12         316.156  Signals by hand and arm or signal lamps.--

13         (3)  A violation of this section is a noncriminal

14  traffic infraction, punishable pursuant to chapter 318 as

15  either a moving violation for infractions of subsection (1) or

16  as a nonmoving violation for infractions of subsection (2).

17         Section 51.  Section 316.157, Florida Statutes, is

18  amended to read:

19         316.157  Method of giving hand and arm signals.--

20         (1)  All signals herein required to be given by hand

21  and arm shall be given from the left side of the vehicle in

22  the following manner and such signals shall indicate as

23  follows:

24         (a)(1)  Left turn.--Hand and arm extended horizontally.

25         (b)(2)  Right turn.--Hand and arm extended upward,

26  except that a bicyclist may extend the right hand and arm

27  horizontally to the right side of the bicycle.

28         (c)(3)  Stop or decrease speed.--Hand and arm extended

29  downward.

30

31

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  1         (2)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 52.  Subsection (3) is added to section

  5  316.1575, Florida Statutes, to read:

  6         316.1575  Obedience to traffic control devices at

  7  railroad-highway grade crossings.--

  8         (3)  A violation of this section is a noncriminal

  9  traffic infraction, punishable pursuant to chapter 318 as

10  either a pedestrian violation or, if the infraction resulted

11  from the operation of a vehicle, as a moving violation.

12         Section 53.  Subsection (3) is added to section

13  316.159, Florida Statutes, to read:

14         316.159  Certain vehicles to stop at all railroad grade

15  crossings.--

16         (3)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a moving violation as

18  provided in chapter 318.

19         Section 54.  Subsection (5) is added to section

20  316.170, Florida Statutes, to read:

21         316.170  Moving heavy equipment at railroad grade

22  crossings.--

23         (5)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a moving violation as

25  provided in chapter 318.

26         Section 55.  Subsection (7) is added to section

27  316.183, Florida Statutes, to read:

28         316.183  Unlawful speed.--

29         (7)  A violation of this section is a noncriminal

30  traffic infraction, punishable as a moving violation as

31  provided in chapter 318.

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  1         Section 56.  Section 316.185, Florida Statutes, is

  2  amended to read:

  3         316.185  Special hazards.--The fact that the speed of a

  4  vehicle is lower than the prescribed limits shall not relieve

  5  the driver from the duty to decrease speed when approaching

  6  and crossing an intersection, when approaching and going

  7  around a curve, when approaching a hill crest, when traveling

  8  upon any narrow or winding roadway, or when special hazards

  9  exist or may exist with respect to pedestrians or other

10  traffic or by reason of weather or other roadway conditions,

11  and speed shall be decreased as may be necessary to avoid

12  colliding with any person, vehicle, or other conveyance on or

13  entering the street in compliance with legal requirements and

14  the duty of all persons to use due care. A violation of this

15  section is a noncriminal traffic infraction, punishable as a

16  moving violation as provided in chapter 318.

17         Section 57.  Subsection (4) of section 316.1895,

18  Florida Statutes, is amended to read:

19         316.1895  Establishment of school speed zones,

20  enforcement; designation.--

21         (4)  A school zone speed limit may not be less than 15

22  miles per hour except by local regulation.  After July 1,

23  1992, No school zone speed limit shall be more than 20 miles

24  per hour in an urbanized area, as defined in s. 334.03.  Such

25  speed limit may be in force only during those times 30 minutes

26  before, during, and 30 minutes after the periods of time when

27  pupils are arriving at a regularly scheduled breakfast program

28  or a regularly scheduled school session and leaving a

29  regularly scheduled school session.

30         Section 58.  Subsection (5) is added to section

31  316.191, Florida Statutes, to read:

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  1         316.191  Racing on highways.--

  2         (5)  A violation of this section is a noncriminal

  3  traffic infraction, punishable pursuant to chapter 318 as

  4  either a pedestrian violation or, if the infraction resulted

  5  from the operation of a vehicle, as a moving violation.

  6         Section 59.  Subsection (5) of section 316.193, Florida

  7  Statutes, is amended to read:

  8         316.193  Driving under the influence; penalties.--

  9         (5)  The court shall place any offender convicted of

10  violating this section on monthly reporting probation and

11  shall require attendance at a substance abuse course licensed

12  by the department; and the agency conducting the course may

13  refer the offender to an authorized service provider for

14  substance abuse evaluation and treatment, in addition to any

15  sentence or fine imposed under this section.  The offender

16  shall assume reasonable costs for such education, evaluation,

17  and treatment, with completion of all such education,

18  evaluation, and treatment being a condition of reporting

19  probation. Treatment resulting from a psychosocial evaluation

20  may not be waived without a supporting psychosocial evaluation

21  conducted by an agency appointed by the court and with access

22  to the original evaluation.  The offender shall bear the cost

23  of this procedure.  The term "substance abuse" means the abuse

24  of alcohol or any substance named or described in Schedules I

25  through V of s. 893.03.  If an offender referred to treatment

26  under this subsection fails to report for or complete such

27  treatment or fails to complete the substance abuse education

28  course, the DUI program shall notify the court and the

29  department of the failure.  Upon receipt of the notice, the

30  department shall cancel the offender's driving privilege.  The

31  department shall reinstate the driving privilege when the

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  1  offender completes the substance abuse education course or

  2  enters treatment required under this subsection.  The

  3  organization that conducts the substance abuse education and

  4  evaluation may not provide required substance abuse treatment

  5  unless a waiver has been granted to that organization by the

  6  department.  A waiver may be granted only if the department

  7  determines, in accordance with its rules, that the service

  8  provider that conducts the substance abuse education and

  9  evaluation is the most appropriate service provider and is

10  licensed under chapter 397 or is exempt from such licensure.

11  All DUI treatment programs providing treatment services on

12  January 1, 1994, shall be allowed to continue to provide such

13  services until the department determines whether a waiver

14  should be granted. A statistical referral report shall be

15  submitted quarterly to the department by each organization

16  authorized to provide services under this section.

17         Section 60.  Subsection (1) of section 316.1935,

18  Florida Statutes, is amended to read:

19         316.1935  Fleeing or attempting to elude a law

20  enforcement officer; aggravated fleeing and eluding.--

21         (1)  It is unlawful for the operator of any vehicle,

22  having knowledge that he or she has been directed to stop such

23  vehicle by a duly authorized law enforcement officer,

24  willfully to refuse or fail to stop the vehicle in compliance

25  with such directive or, having stopped in knowing compliance

26  with the directive, willfully to flee in an attempt to elude

27  the officer, and a person who violates this subsection commits

28  a misdemeanor of the first degree, punishable as provided in

29  s. 775.082 or s. 775.083 shall, upon conviction, be punished

30  by imprisonment in the county jail for a period not to exceed

31

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  1  1 year, or by fine not to exceed $1,000, or by both such fine

  2  and imprisonment.

  3         Section 61.  Subsection (8) is added to section

  4  316.1937, Florida Statutes, to read:

  5         316.1937  Ignition interlock devices, requiring;

  6  unlawful acts.--

  7         (8)  In addition to the penalties provided in this

  8  section, a violation of this section is a noncriminal traffic

  9  infraction, punishable as a nonmoving violation as provided in

10  chapter 318.

11         Section 62.  Subsection (4) is added to section

12  316.194, Florida Statutes, to read:

13         316.194  Stopping, standing or parking outside of

14  municipalities.--

15         (4)  A violation of this section is a noncriminal

16  traffic infraction, punishable as a moving violation as

17  provided in chapter 318.

18         Section 63.  Subsection (4) is added to section

19  316.1945, Florida Statutes, to read:

20         316.1945  Stopping, standing, or parking prohibited in

21  specified places.--

22         (4)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a nonmoving violation as

24  provided in chapter 318.

25         Section 64.  Subsection (4) is added to section

26  316.195, Florida Statutes, to read:

27         316.195  Additional parking regulations.--

28         (4)  A violation of this section is a noncriminal

29  traffic infraction, punishable as a nonmoving violation as

30  provided in chapter 318.

31

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  1         Section 65.  Subsection (7) is added to section

  2  316.1951, Florida Statutes, to read:

  3         316.1951  Parking for certain purposes prohibited.--

  4         (7)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 66.  Subsection (6) is added to section

  8  316.1974, Florida Statutes, to read:

  9         316.1974  Funeral procession right-of-way and

10  liability.--

11         (6)  VIOLATIONS.--A violation of this section is a

12  noncriminal traffic infraction, punishable pursuant to chapter

13  318 as a nonmoving violation for infractions of subsection

14  (2), a pedestrian violation for infractions of subsection (3),

15  or as a moving violation for infractions of subsection (3) or

16  subsection (4) if the infraction resulted from the operation

17  of a vehicle.

18         Section 67.  Section 316.1975, Florida Statutes, is

19  amended to read:

20         316.1975  Unattended motor vehicle.--No person driving

21  or in charge of any motor vehicle except a licensed delivery

22  truck or other delivery vehicle while making deliveries, shall

23  permit it to stand unattended without first stopping the

24  engine, locking the ignition, and removing the key.  No

25  vehicle shall be permitted to stand unattended upon any

26  perceptible grade without stopping the engine and effectively

27  setting the brake thereon and turning the front wheels to the

28  curb or side of the street. A violation of this section is a

29  noncriminal traffic infraction, punishable as a nonmoving

30  violation as provided in chapter 318.

31

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  1         Section 68.  Subsection (3) is added to section

  2  316.1985, Florida Statutes, to read:

  3         316.1985  Limitations on backing.--

  4         (3)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a moving violation as

  6  provided in chapter 318.

  7         Section 69.  Section 316.1995, Florida Statutes, is

  8  amended to read:

  9         316.1995  Driving upon sidewalk or bicycle path.--No

10  person shall drive any vehicle other than by human power upon

11  a bicycle path, sidewalk, or sidewalk area, except upon a

12  permanent or duly authorized temporary driveway. A violation

13  of this section is a noncriminal traffic infraction,

14  punishable as a moving violation as provided in chapter 318.

15         Section 70.  Subsection (3) is added to section

16  316.2004, Florida Statutes, to read:

17         316.2004  Obstruction to driver's view or driving

18  mechanism.--

19         (3)  A violation of this section is a noncriminal

20  traffic infraction, punishable as a nonmoving violation as

21  provided in chapter 318.

22         Section 71.  Section 316.2005, Florida Statutes, is

23  amended to read:

24         316.2005  Opening and closing vehicle doors.--No person

25  shall open any door on a motor vehicle unless and until it is

26  reasonably safe to do so and can be done without interfering

27  with the movement of other traffic, nor shall any person leave

28  a door open on the side of a vehicle available to moving

29  traffic for a period of time longer than necessary to load or

30  unload passengers. A violation of this section is a

31

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  1  noncriminal traffic infraction, punishable as a nonmoving

  2  violation as provided in chapter 318.

  3         Section 72.  Section 316.2014, Florida Statutes, is

  4  amended to read:

  5         316.2014  Riding in house trailers.--No person or

  6  persons shall occupy a house trailer while it is being moved

  7  upon a public street or highway. A violation of this section

  8  is a noncriminal traffic infraction, punishable as a nonmoving

  9  violation as provided in chapter 318.

10         Section 73.  Section 316.2024, Florida Statutes, is

11  amended to read:

12         316.2024  Coasting prohibited.--The driver of any motor

13  vehicle, when traveling upon a downgrade, shall not coast with

14  the gears or transmission of such vehicle in neutral or the

15  clutch disengaged. A violation of this section is a

16  noncriminal traffic infraction, punishable as a moving

17  violation as provided in chapter 318.

18         Section 74.  Section 316.2025, Florida Statutes, is

19  amended to read:

20         316.2025  Following fire apparatus prohibited.--No

21  driver of any vehicle other than an authorized emergency

22  vehicle on official business shall follow any fire apparatus

23  traveling in response to a fire alarm closer than 500 feet or

24  drive into or park such vehicle within the block where fire

25  apparatus has stopped in answer to a fire alarm. A violation

26  of this section is a noncriminal traffic infraction,

27  punishable pursuant to chapter 318 as a moving violation for

28  following too close to a fire apparatus or as a nonmoving

29  violation for parking near a fire apparatus.

30         Section 75.  Section 316.2034, Florida Statutes, is

31  amended to read:

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  1         316.2034  Crossing fire hose.--No vehicle shall be

  2  driven over any unprotected hose of a fire department when

  3  laid down on any street or highway, or private road or

  4  driveway, to be used at any fire or alarm of fire, without the

  5  consent of the fire department official in command. A

  6  violation of this section is a noncriminal traffic infraction,

  7  punishable as a moving violation as provided in chapter 318.

  8         Section 76.  Subsection (5) is added to section

  9  316.2035, Florida Statutes, to read:

10         316.2035  Injurious substances prohibited; dragging

11  vehicle or load; obstructing, digging, etc.--

12         (5)  A violation of this section is a noncriminal

13  traffic infraction, punishable pursuant to chapter 318 as

14  either a nonmoving violation for infractions of subsection (1)

15  or subsection (3) or as a moving violation for infractions of

16  subsection (2) or subsection (4).

17         Section 77.  Subsection (3) is added to section

18  316.2044, Florida Statutes, to read:

19         316.2044  Removal of injurious substances.--

20         (3)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a nonmoving violation as

22  provided in chapter 318.

23         Section 78.  Section 316.2051, Florida Statutes, is

24  amended to read:

25         316.2051  Certain vehicles prohibited on hard-surfaced

26  roads.--It is unlawful to operate upon any hard-surfaced road

27  in this state any log cart, tractor, or well machine; any

28  steel-tired vehicle other than the ordinary farm wagon or

29  buggy; or any other vehicle or machine that is likely to

30  damage a hard-surfaced road except to cause ordinary wear and

31  tear on the same. A violation of this section is a noncriminal

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  1  traffic infraction, punishable as a moving violation as

  2  provided in chapter 318.

  3         Section 79.  Section 316.2061, Florida Statutes, is

  4  amended to read:

  5         316.2061  Stop when traffic obstructed.--No driver

  6  shall enter an intersection or a marked crosswalk unless there

  7  is sufficient space on the other side of the intersection or

  8  crosswalk to accommodate the vehicle the driver is operating

  9  without obstructing the passage of other vehicles or

10  pedestrians, notwithstanding any traffic control signal

11  indication to proceed. A violation of this section is a

12  noncriminal traffic infraction, punishable as a moving

13  violation as provided in chapter 318.

14         Section 80.  Paragraph (e) of subsection (3) and

15  subsection (20) of section 316.2065, Florida Statutes, are

16  amended to read:

17         316.2065  Bicycle regulations.--

18         (3)

19         (e)  Law enforcement officers and school crossing

20  guards may issue a bicycle safety brochure and a verbal

21  warning to a bicycle rider or passenger who violates this

22  subsection.  Effective January 1, 1998, A bicycle rider or

23  passenger who violates this subsection may be issued a

24  citation by a law enforcement officer and assessed a fine for

25  a pedestrian violation, as provided in s. 318.18.  The court

26  shall dismiss the charge against a bicycle rider or passenger

27  for a first violation of paragraph (d) upon proof of purchase

28  of a bicycle helmet that complies with this subsection.

29         (20)  Except as otherwise provided in this section, a

30  violation of this section is a noncriminal traffic infraction,

31  punishable as a pedestrian violation as provided in chapter

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  1  318. A Effective January 1, 1998, law enforcement officer

  2  officers may issue traffic citations for a violation of

  3  subsection (3) or subsection (16) only if the violation occurs

  4  on a bicycle path or road, as defined in s. 334.03. However,

  5  they may not issue citations to persons on private property,

  6  except any part thereof which is open to the use of the public

  7  for purposes of vehicular traffic.

  8         Section 81.  Section 316.2074, Florida Statutes, is

  9  amended to read:

10         316.2074  All-terrain vehicles.--

11         (1)  The Legislature hereby finds and declares that:

12         (a)  All-terrain vehicle use has doubled over the past

13  several years;

14         (b)  Injuries associated with all-terrain vehicle use

15  have more than tripled over the past several years;

16         (c)  On the national level, annual emergency room

17  treatments of injuries related to all-terrain vehicle use

18  increased from 26,900 in 1983 to 63,900 in 1984 to 85,900 in

19  1985;

20         (d)  Nearly one-half of all individuals injured in

21  all-terrain vehicle accidents are under 16 years of age;

22         (e)  In the past 5 years, there have been more than 550

23  deaths resulting from all-terrain vehicle accidents, with more

24  than 40 percent of the dead being children 16 years of age or

25  younger;

26         (f)  Over one-half of all individuals injured in

27  all-terrain vehicle accidents do not wear any type of

28  protective equipment.

29         (2)  It is the intent of the Legislature, through the

30  adoption of this section to provide safety protection for

31  minors while operating an all-terrain vehicle in this state.

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  1         (2)(3)  As used in this section "all-terrain vehicle"

  2  means any motorized off-highway vehicle 50 inches (1270 mm) or

  3  less in width, having a dry weight of 600 pounds (273 kg) or

  4  less, traveling on three or more low-pressure tires, designed

  5  for operator use only with no passengers, having a seat or

  6  saddle designed to be straddled by the operator, and having

  7  handlebars for steering control.

  8         (3)(4)  No person under 16 years of age shall operate,

  9  ride, or be otherwise propelled on an all-terrain vehicle

10  unless the person wears a safety helmet meeting United States

11  Department of Transportation standards and eye protection.

12         (4)(5)  If an accident results in the death of any

13  person or in the injury of any person which results in

14  treatment of the person by a physician, the operator of each

15  all-terrain vehicle involved in the accident shall give notice

16  of the accident pursuant to s. 316.066.

17         (5)(6)  An all-terrain vehicle having four wheels may

18  be used by police officers on public beaches designated as

19  public roadways for the purpose of enforcing the traffic laws

20  of the state. All-terrain vehicles may also be used by the

21  police to travel on public roadways within 5 miles of beach

22  access only when getting to and from the beach.

23         (6)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         (7)  Any person who violates the provisions of this

27  section shall be punished as provided in chapter 318.

28         Section 82.  Subsection (5) is added to section

29  316.208, Florida Statutes, to read:

30         316.208  Motorcycles and mopeds.--

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  1         (5)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 83.  Subsection (6) is added to section

  5  316.2085, Florida Statutes, to read:

  6         316.2085  Riding on motorcycles or mopeds.--

  7         (6)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a moving violation as

  9  provided in chapter 318.

10         Section 84.  Subsection (6) is added to section

11  316.209, Florida Statutes, to read:

12         316.209  Operating motorcycles on roadways laned for

13  traffic.--

14         (6)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a moving violation as

16  provided in chapter 318.

17         Section 85.  Subsection (3) is added to section

18  316.2095, Florida Statutes, to read:

19         316.2095  Footrests and handlebars.--

20         (3)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a nonmoving violation as

22  provided in chapter 318.

23         Section 86.  Subsection (6) is added to section

24  316.211, Florida Statutes, to read:

25         316.211  Equipment for motorcycle and moped riders.--

26         (6)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a nonmoving violation as

28  provided in chapter 318.

29         Section 87.  Subsection (6) is added to section

30  316.212, Florida Statutes, to read:

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  1         316.212  Operation of golf carts on certain

  2  roadways.--The operation of a golf cart upon the public roads

  3  or streets of this state is prohibited except as provided

  4  herein:

  5         (6)  A violation of this section is a noncriminal

  6  traffic infraction, punishable pursuant to chapter 318 as

  7  either a moving violation for infractions of subsection (1),

  8  subsection (2), subsection (3), or subsection (4), or as a

  9  nonmoving violation for infractions of subsection (5).

10         Section 88.  Subsection (2) of section 316.2126,

11  Florida Statutes, is amended to read:

12         316.2126  Use of golf carts by certain

13  municipalities.--In addition to the powers granted by ss.

14  316.212 and 316.2125, municipalities older than 400 years old

15  are hereby authorized to utilize golf carts, as defined in s.

16  320.01, upon any state, county, or municipal roads located

17  within the corporate limits of such municipalities, subject to

18  the following conditions:

19         (2)  In addition to the safety equipment required in s.

20  316.212(5)(6), such golf carts must be equipped with

21  sufficient lighting and turn signal equipment.

22         Section 89.  Subsection (6) is added to section

23  316.215, Florida Statutes, to read:

24         316.215  Scope and effect of regulations.--

25         (6)  A violation of this section is a noncriminal

26  traffic infraction, punishable as a nonmoving violation as

27  provided in chapter 318.

28         Section 90.  Subsection (4) is added to section

29  316.217, Florida Statutes, to read:

30         316.217  When lighted lamps are required.--

31

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  1         (4)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 91.  Subsection (3) is added to section

  5  316.220, Florida Statutes, to read:

  6         316.220  Headlamps on motor vehicles.--

  7         (3)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 92.  Subsection (3) is added to section

11  316.221, Florida Statutes, to read:

12         316.221  Taillamps.--

13         (3)  A violation of this section is a noncriminal

14  traffic infraction, punishable as a nonmoving violation as

15  provided in chapter 318.

16         Section 93.  Subsection (4) is added to section

17  316.222, Florida Statutes, to read:

18         316.222  Stop lamps and turn signals.--

19         (4)  A violation of this section is a noncriminal

20  traffic infraction, punishable as a nonmoving violation as

21  provided in chapter 318.

22         Section 94.  Subsection (8) is added to section

23  316.2225, Florida Statutes, to read:

24         316.2225  Additional equipment required on certain

25  vehicles.--In addition to other equipment required in this

26  chapter, the following vehicles shall be equipped as herein

27  stated under the conditions stated in s. 316.217.

28         (8)  A violation of this section is a noncriminal

29  traffic infraction, punishable as a nonmoving violation as

30  provided in chapter 318.

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  1         Section 95.  Subsection (4) is added to section

  2  316.224, Florida Statutes, to read:

  3         316.224  Color of clearance lamps, identification

  4  lamps, side marker lamps, backup lamps, reflectors, and

  5  deceleration lights.--

  6         (4)  A violation of this section is a noncriminal

  7  traffic infraction, punishable as a nonmoving violation as

  8  provided in chapter 318.

  9         Section 96.  Subsection (3) is added to section

10  316.225, Florida Statutes, to read:

11         316.225  Mounting of reflectors, clearance lamps and

12  side marker lamps.--

13         (3)  A violation of this section is a noncriminal

14  traffic infraction, punishable as a nonmoving violation as

15  provided in chapter 318.

16         Section 97.  Subsection (4) is added to section

17  316.226, Florida Statutes, to read:

18         316.226  Visibility requirements for reflectors,

19  clearance lamps, identification lamps and marker lamps.--

20         (4)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a nonmoving violation as

22  provided in chapter 318.

23         Section 98.  Section 316.228, Florida Statutes, is

24  amended to read:

25         316.228  Lamps or flags on projecting load.--Whenever

26  the load upon any vehicle extends to the rear 4 feet or more

27  beyond the bed or body of such vehicle, there shall be

28  displayed at the extreme rear end of the load, at the times

29  specified in s. 316.217, two red lamps visible from a distance

30  of at least 500 feet to the rear, two red reflectors visible

31  at night from all distances within 600 feet to 100 feet to the

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  1  rear when directly in front of lawful lower beams of headlamps

  2  and located so as to indicate maximum width, and on each side

  3  one red lamp visible from a distance of at least 500 feet to

  4  the side and located so as to indicate maximum overhang.

  5  There shall be displayed at all other times on any vehicle

  6  having a load which extends beyond its sides or more than 4

  7  feet beyond its rear, red flags, not less than 12 inches

  8  square, marking the extremities of such load, at each point

  9  where a lamp would otherwise be required by this section. A

10  violation of this section is a noncriminal traffic infraction,

11  punishable as a nonmoving violation as provided in chapter

12  318.

13         Section 99.  Subsection (5) is added to section

14  316.229, Florida Statutes, to read:

15         316.229  Lamps on parked vehicles.--

16         (5)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a nonmoving violation as

18  provided in chapter 318.

19         Section 100.  Subsection (8) is added to section

20  316.2295, Florida Statutes, to read:

21         316.2295  Lamps, reflectors and emblems on farm

22  tractors, farm equipment and implements of husbandry.--

23         (8)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         Section 101.  Section 316.231, Florida Statutes, is

27  amended to read:

28         316.231  Lamps on other vehicles and equipment.--Every

29  vehicle, including animal-drawn vehicles and vehicles referred

30  to in s. 316.215(3), not specifically required by the

31  provisions of this section to be equipped with lamps or other

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  1  lighting devices shall at all times specified in s. 316.217 be

  2  equipped with at least one lamp displaying a white light

  3  visible from a distance of not less than 1,000 feet to the

  4  front of said vehicle, and shall also be equipped with two

  5  lamps displaying red light visible from a distance of not less

  6  than 1,000 feet to the rear of the vehicle, or, as an

  7  alternative, one lamp displaying a red light visible from a

  8  distance of not less than 1,000 feet to the rear and two red

  9  reflectors visible from all distances of 600 to 100 feet to

10  the rear when illuminated by the lawful lower beams of

11  headlamps. A violation of this section is a noncriminal

12  traffic infraction, punishable as a nonmoving violation as

13  provided in chapter 318.

14         Section 102.  Subsection (5) is added to section

15  316.233, Florida Statutes, to read:

16         316.233  Spot lamps and auxiliary lamps.--

17         (5)  VIOLATIONS.--A violation of this section is a

18  noncriminal traffic infraction, punishable as a nonmoving

19  violation as provided in chapter 318.

20         Section 103.  Subsection (3) is added to section

21  316.234, Florida Statutes, to read:

22         316.234  Signal lamps and signal devices.--

23         (3)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         Section 104.  Subsection (6) is added to section

27  316.235, Florida Statutes, to read:

28         316.235  Additional lighting equipment.--

29         (6)  A violation of this section is a noncriminal

30  traffic infraction, punishable as a nonmoving violation as

31  provided in chapter 318.

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  1         Section 105.  Subsection (3) is added to section

  2  316.237, Florida Statutes, to read:

  3         316.237  Multiple-beam road-lighting equipment.--

  4         (3)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 106.  Section 316.238, Florida Statutes, is

  8  amended to read:

  9         316.238  Use of multiple-beam road-lighting

10  equipment.--

11         (1)  Whenever a motor vehicle is being operated on a

12  roadway or shoulder adjacent thereto during the times

13  specified in s. 316.217, the driver shall use a distribution

14  of light, or composite beam, directed high enough and of

15  sufficient intensity to reveal persons and vehicles at a safe

16  distance in advance of the vehicle, subject to the following

17  requirements and limitations:

18         (a)(1)  Whenever the driver of a vehicle approaches an

19  oncoming vehicle within 500 feet, such driver shall use a

20  distribution of light, or composite beam, so aimed that the

21  glaring rays are not projected into the eyes of the oncoming

22  driver.  The lowermost distribution of light, or composite

23  beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall

24  be deemed to avoid glare at all times, regardless of road

25  contour and loading.

26         (b)(2)  Whenever the driver of a vehicle approaches

27  another vehicle from the rear within 300 feet, such driver

28  shall use a distribution of light permissible under this

29  chapter other than the uppermost distribution of light

30  specified in ss. 316.237(1)(a) and 316.430(2)(a).

31

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  1         (2)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a moving violation as

  3  provided in chapter 318.

  4         Section 107.  Section 316.2385, Florida Statutes, is

  5  amended to read:

  6         316.2385  Requirements for use of lower beam.--The

  7  lower or passing beam shall be used at all times during the

  8  twilight hours in the morning and the twilight hours in the

  9  evening, and during fog, smoke and rain.  Twilight shall mean

10  the time between sunset and full night or between full night

11  and sunrise. A violation of this section is a noncriminal

12  traffic infraction, punishable as a moving violation as

13  provided in chapter 318.

14         Section 108.  Section 316.239, Florida Statutes, is

15  amended to read:

16         316.239  Single-beam road-lighting equipment.--

17         (1)  Headlamp systems which provide only a single

18  distribution of light shall be permitted on all farm tractors

19  regardless of date of manufacture, and on other motor vehicles

20  manufactured and sold prior to January 1, 1972, in lieu of

21  multiple-beam road-lighting equipment herein specified if the

22  single distribution of light complies with the following

23  requirements and limitations:

24         (a)(1)  The headlamps shall be so aimed that when the

25  vehicle is not loaded none of the high intensity portion of

26  the light shall, at a distance of 25 feet ahead, project

27  higher than a level of five inches below the level of the

28  center of the lamp from which it comes, and in no case higher

29  than 42 inches above the level on which the vehicle stands at

30  a distance of 75 feet ahead.

31

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  1         (b)(2)  The intensity shall be sufficient to reveal

  2  persons and vehicles at a distance of at least 200 feet.

  3         (2)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a nonmoving violation as

  5  provided in chapter 318.

  6         Section 109.  Section 316.2395, Florida Statutes, is

  7  amended to read:

  8         316.2395  Motor vehicles; minimum headlamp

  9  requirement.--Any motor vehicle may be operated at nighttime

10  under the conditions specified in ss. 316.237 and 316.239,

11  when equipped with two lighted lamps upon the front thereof

12  capable of revealing persons and objects 100 feet ahead in

13  lieu of lamps required in ss. 316.237 and 316.239.  However,

14  at no time when lighted lamps are required shall such motor

15  vehicle be operated in excess of 20 miles per hour. A

16  violation of this section is a noncriminal traffic infraction,

17  punishable as a nonmoving violation as provided in chapter

18  318.

19         Section 110.  Subsection (3) is added to section

20  316.2396, Florida Statutes, to read:

21         316.2396  Number of driving lamps required or

22  permitted.--

23         (3)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         Section 111.  Subsection (10) is added to section

27  316.2397, Florida Statutes, to read:

28         316.2397  Certain lights prohibited; exceptions.--

29         (10)  A violation of this section is a noncriminal

30  traffic infraction, punishable as a nonmoving violation as

31  provided in chapter 318.

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  1         Section 112.  Section 316.2399, Florida Statutes, is

  2  amended to read:

  3         316.2399  Special warning lights for buses or

  4  taxicabs.--The provisions of s. 316.2397(7) to the contrary

  5  notwithstanding, a bus or taxicab may be equipped with two

  6  flashing devices for the purpose of warning the operators of

  7  other vehicles and law enforcement agents that an emergency

  8  situation exists within the bus or taxicab.  Such devices

  9  shall be capable of activation by the operator of the bus or

10  taxicab and shall be of a type approved by the Department of

11  Highway Safety and Motor Vehicles.  Such devices shall be

12  mounted one at the front and one at the rear of the bus or

13  taxicab and shall display flashing red lights which shine on

14  the roadway under the vehicle. A violation of this section is

15  a noncriminal traffic infraction, punishable as a nonmoving

16  violation as provided in chapter 318.

17         Section 113.  Subsection (3) is added to section

18  316.240, Florida Statutes, to read:

19         316.240  Standards for lights on highway maintenance

20  and service equipment.--

21         (3)  A violation of this section is a noncriminal

22  traffic infraction, punishable as a nonmoving violation as

23  provided in chapter 318.

24         Section 114.  Subsection (4) is added to section

25  316.241, Florida Statutes, to read:

26         316.241  Selling or using lamps or equipment.--

27         (4)  A violation of this section is a noncriminal

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318.

30         Section 115.  Subsection (3) of section 316.251,

31  Florida Statutes, is amended to read:

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  1         316.251  Maximum bumper heights.--

  2         (3)  A violation of this section shall be defined as a

  3  moving violation.  A person charged with a violation of this

  4  section is subject to the penalty provided in s. 318.18(3).

  5         Section 116.  Subsection (3) is added to section

  6  316.252, Florida Statutes, to read:

  7         316.252  Splash and spray suppressant devices.--

  8         (3)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a nonmoving violation as

10  provided in chapter 318.

11         Section 117.  Section 316.253, Florida Statutes, is

12  amended to read:

13         316.253  Vehicles used to sell ice cream and other

14  confections; display of warnings required.--Any person who

15  sells ice cream or other frozen confections at retail from a

16  motor vehicle shall display on each side of such motor

17  vehicle, in letters at least 3 inches high, a warning

18  containing the words "look out for children" or "caution:

19  children" or such similar words as are approved by the

20  department. A violation of this section is a noncriminal

21  traffic infraction, punishable as a nonmoving violation as

22  provided in chapter 318.

23         Section 118.  Subsection (11) is added to section

24  316.261, Florida Statutes, to read:

25         316.261  Brake equipment required.--Every motor

26  vehicle, trailer, semitrailer, and pole trailer, and any

27  combination of such vehicles, operating upon a highway within

28  this state shall be equipped with brakes in compliance with

29  the requirements of this chapter.

30

31

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  1         (11)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 119.  Subsection (3) is added to section

  5  316.262, Florida Statutes, to read:

  6         316.262  Performance ability of motor vehicle brakes.--

  7         (3)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 120.  Section 316.263, Florida Statutes, is

11  amended to read:

12         316.263  Maintenance of brakes.--All brakes shall be

13  maintained in good working order and shall be so adjusted as

14  to operate as equally as practicable with respect to the

15  wheels on opposite sides of the vehicle. A violation of this

16  section is a noncriminal traffic infraction, punishable as a

17  nonmoving violation as provided in chapter 318.

18         Section 121.  Section 316.267, Florida Statutes, is

19  amended to read:

20         316.267  Brakes on electric-powered vehicles.--When

21  operated on the public streets and roads, every

22  electric-powered vehicle with a rating of 3 to 6 horsepower

23  shall be equipped with hydraulic brakes on the two rear wheels

24  and at all times and under all conditions of loading, upon

25  application of the service brake, shall be capable of:

26         (1)  Developing a braking force that is not less than

27  43.5 percent of its gross weight.

28         (2)  Decelerating to a stop from not more than 20 miles

29  per hour at not less than 17 feet per second.

30         (3)  Stopping from a speed of 20 miles per hour in not

31  more than 25 feet, such distance to be measured from the point

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  1  at which movement of the service brake pedal or control

  2  begins.

  3

  4  A violation of this section is a noncriminal traffic

  5  infraction, punishable as a nonmoving violation as provided in

  6  chapter 318.

  7         Section 122.  Subsection (8) is added to section

  8  316.271, Florida Statutes, to read;

  9         316.271  Horns and warning devices.--

10         (8)  A violation of this section is a noncriminal

11  traffic infraction, punishable as a nonmoving violation as

12  provided in chapter 318.

13         Section 123.  Subsection (3) is added to section

14  316.272, Florida Statutes, to read:

15         316.272  Exhaust systems, prevention of noise.--

16         (3)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a nonmoving violation as

18  provided in chapter 318.

19         Section 124.  Subsection (7) is added to section

20  316.293, Florida Statutes, to read:

21         316.293  Motor vehicle noise.--

22         (7)  VIOLATIONS.--A violation of this section is a

23  noncriminal traffic infraction, punishable as a nonmoving

24  violation as provided in chapter 318.

25         Section 125.  Subsections (1), (2), and (6) of section

26  316.2935, Florida Statutes, are amended to read:

27         316.2935  Air pollution control equipment; tampering

28  prohibited; penalty.--

29         (1)(a)  On and after July 1, 1990, It is unlawful for

30  any person or motor vehicle dealer as defined in s. 320.27 to

31  offer or display for retail sale or lease, sell, lease, or

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  1  transfer title to, a motor vehicle in Florida that has been

  2  tampered with in violation of this section, as determined

  3  pursuant to subsection (7).  Tampering is defined as the

  4  dismantling, removal, or rendering ineffective of any air

  5  pollution control device or system which has been installed on

  6  a motor vehicle by the vehicle manufacturer except to replace

  7  such device or system with a device or system equivalent in

  8  design and function to the part that was originally installed

  9  on the motor vehicle.  All motor vehicles sold, reassigned, or

10  traded to a licensed motor vehicle dealer are exempt from this

11  paragraph.

12         (b)  On and after January 1, 1991, At the time of sale,

13  lease, or transfer of title of a motor vehicle, the seller,

14  lessor, or transferor shall certify in writing to the

15  purchaser, lessee, or transferee that the air pollution

16  control equipment of the motor vehicle has not been tampered

17  with by the seller, lessor, or transferor or their agents,

18  employees, or other representatives. A licensed motor vehicle

19  dealer shall also visually observe those air pollution control

20  devices listed by department rule pursuant to subsection (7),

21  and certify that they are in place, and appear properly

22  connected and undamaged.  Such certification shall not be

23  deemed or construed as a warranty that the pollution control

24  devices of the subject vehicle are in functional condition,

25  nor does the execution or delivery of this certification

26  create by itself grounds for a cause of action between the

27  parties to this transaction.

28         (c)  On and after July 1, 1990, All motor vehicles

29  sold, reassigned, or traded by a licensed motor vehicle dealer

30  to a licensed motor vehicle dealer, all new motor vehicles

31  subject to certification under s. 207, Clean Air Act, 42

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  1  U.S.C. s. 7541, and all lease agreements for 30 days or less

  2  are exempt from this subsection. Also exempt from this

  3  subsection are sales of motor vehicles for salvage purposes

  4  only.

  5         (2)  No person shall operate any gasoline-powered motor

  6  vehicle, except a motorcycle, moped, or scooter as defined in

  7  chapter 320, or an imported nonconforming motor vehicle which

  8  has received a one-time exemption from federal emission

  9  control requirements under 40 C.F.R. 85, subpart P, on the

10  public roads and streets of this state which emits visible

11  emissions from the exhaust pipe for more than a continuous

12  period of 5 seconds, and no person shall operate on the public

13  roads or streets of this state any motor vehicle that has been

14  tampered with in violation of this section, as determined

15  pursuant to subsection (7).

16         (6)  Except as provided in subsection (5), any person

17  who violates subsection (1), subsection (2), or subsection (3)

18  shall be charged with a noncriminal traffic infraction,

19  punishable as a nonmoving violation as provided in chapter 318

20  provided in s. 318.18(2). However, the penalty may be reduced

21  if the person committing the violation corrects the violation

22  pursuant to the provisions of s. 316.6105.

23         Section 126.  Section 316.294, Florida Statutes, is

24  amended to read:

25         316.294  Mirrors.--Every vehicle, operated singly or

26  when towing any other vehicle, shall be equipped with a mirror

27  so located as to reflect to the driver a view of the highway

28  for a distance of at least 200 feet to the rear of the motor

29  vehicle. A violation of this section is a noncriminal traffic

30  infraction, punishable as a nonmoving violation as provided in

31  chapter 318.

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  1         Section 127.  Subsection (6) is added to section

  2  316.2952, Florida Statutes, to read:

  3         316.2952  Windshields; requirements; restrictions.--

  4         (6)  A violation of this section is a noncriminal

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 128.  Section 316.2953, Florida Statutes, is

  8  amended to read:

  9         316.2953  Side windows; restrictions on sunscreening

10  material.--A person shall not operate any motor vehicle on any

11  public highway, road, or street on which vehicle the side

12  wings and side windows on either side forward of or adjacent

13  to the operator's seat are composed of, covered by, or treated

14  with any sunscreening material or other product or covering

15  which has the effect of making the window nontransparent or

16  which would alter the window's color, increase its

17  reflectivity, or reduce its light transmittance, except as

18  expressly permitted by this section.  A sunscreening material

19  is authorized for such windows if, when applied to and tested

20  on the glass of such windows on the specific motor vehicle,

21  the material has a total solar reflectance of visible light of

22  not more than 25 percent as measured on the nonfilm side and a

23  light transmittance of at least 28 percent in the visible

24  light range. A violation of this section is a noncriminal

25  traffic infraction, punishable as a nonmoving violation as

26  provided in chapter 318.

27         Section 129.  Subsection (3) is added to section

28  316.2954, Florida Statutes, to read:

29         316.2954  Windows behind the driver; restrictions on

30  sunscreening material.--

31

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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 130.  Subsections (1) and (3) of section

  5  316.2956, Florida Statutes, are amended to read:

  6         316.2956  Violation of provisions relating to

  7  windshields, windows, and sunscreening material; penalties.--

  8         (1)  Any person who operates a motor vehicle on which,

  9  after June 20, 1984, material was installed in violation of

10  ss. 316.2951-316.2954 commits is guilty of a noncriminal

11  traffic infraction, punishable as a nonmoving violation as

12  provided in chapter 318 subject to the penalty provided in s.

13  318.18(2).

14         (3)  Any person who sells or installs sunscreening

15  material in violation of any provision of ss.

16  316.2951-316.2955 after June 20, 1984, is guilty of a

17  misdemeanor of the second degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         Section 131.  Section 316.299, Florida Statutes, is

20  amended to read:

21         316.299  Rough surfaced wheels prohibited.--No person

22  shall drive, propel, operate, or cause to be driven, propelled

23  or operated over any paved or graded public road of this state

24  any tractor engine, tractor or other vehicle or contrivance

25  having wheels provided with sharpened or roughened surfaces,

26  other than roughened pneumatic rubber tires having studs

27  designed to improve traction without materially injuring the

28  surface of the highway, unless the rims or tires of the wheels

29  of such tractor engines, tractors, or other vehicles or

30  contrivances are provided with suitable filler blocks between

31  the cleats so as to form a smooth surface.  This requirement

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  1  shall not apply to tractor engines, tractors, or other

  2  vehicles or contrivances if the rims or tires of their wheels

  3  are constructed in such manner as to prevent injury to such

  4  roads.  This restriction shall not apply to tractor engines,

  5  tractors, and other vehicles or implements used by any county

  6  or the Department of Transportation in the construction or

  7  maintenance of roads or to farm implements weighing less than

  8  1,000 pounds when provided with wheel surfaces of more than

  9  1/2  inch in width. A violation of this section is a

10  noncriminal traffic infraction, punishable as a nonmoving

11  violation as provided in chapter 318.

12         Section 132.  Subsection (4) is added to section

13  316.300, Florida Statutes, to read:

14         316.300  Certain vehicles to carry flares or other

15  devices.--

16         (4)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a nonmoving violation as

18  provided in chapter 318.

19         Section 133.  Subsection (10) is added to section

20  316.301, Florida Statutes, to read:

21         316.301  Display of warning lights and devices when

22  vehicle is stopped or disabled.--

23         (10)  A violation of this section is a noncriminal

24  traffic infraction, punishable as a nonmoving violation as

25  provided in chapter 318.

26         Section 134.  Paragraph (c) of subsection (3) of

27  section 316.3025, Florida Statutes, is amended to read:

28         316.3025  Penalties.--

29         (3)

30         (c)  A civil penalty of $250 may be assessed for:

31

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  1         1.  A violation of the placarding requirements of 49

  2  C.F.R. parts 171-179;

  3         2.  A violation of the shipping paper requirements of

  4  49 C.F.R. parts 171-179;

  5         3.  A violation of 49 C.F.R. s. 392.10;

  6         4.  A violation of 49 C.F.R. s. 397.5 395.5;

  7         5.  A violation of 49 C.F.R. s. 397.7;

  8         6.  A violation of 49 C.F.R. s. 397.13; or

  9         7.  A violation of 49 C.F.R. s. 397.15.

10         Section 135.  Subsection (5) of section 316.3027,

11  Florida Statutes, is amended, and subsection (6) is added to

12  said section, to read:

13         316.3027  Identification required on commercial motor

14  vehicles.--

15         (5)  Any vehicle which meets the vehicle identification

16  requirements of the United States Department of Transportation

17  Interstate Commerce Commission regulations shall be considered

18  in compliance with this section.

19         (6)  A violation of this section is a noncriminal

20  traffic infraction, punishable as a nonmoving violation as

21  provided in chapter 318.

22         Section 136.  Subsection (4) is added to section

23  316.303, Florida Statutes, to read:

24         316.303  Television receivers.--

25         (4)  A violation of this section is a noncriminal

26  traffic infraction, punishable as a nonmoving violation as

27  provided in chapter 318.

28         Section 137.  Subsection (4) is added to section

29  316.304, Florida Statutes, to read:

30         316.304  Wearing of headsets.--

31

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  1         (4)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 138.  Subsection (5) is added to section

  5  316.3045, Florida Statutes, to read:

  6         316.3045  Operation of radios or other mechanical

  7  soundmaking devices or instruments in vehicles; exemptions.--

  8         (5)  A violation of this section is a noncriminal

  9  traffic infraction, punishable as a nonmoving violation as

10  provided in chapter 318.

11         Section 139.  Subsection (3) is added to section

12  316.400, Florida Statutes, to read:

13         316.400  Headlamps.--

14         (3)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a nonmoving violation as

16  provided in chapter 318.

17         Section 140.  Subsection (3) is added to section

18  316.405, Florida Statutes, to read:

19         316.405  Motorcycle headlights to be turned on.--

20         (3)  A violation of this section is a noncriminal

21  traffic infraction, punishable as a moving violation as

22  provided in chapter 318.

23         Section 141.  Subsection (3) is added to section

24  316.410, Florida Statutes, to read:

25         316.410  Taillamps.--

26         (3)  A violation of this section is a noncriminal

27  traffic infraction, punishable as a nonmoving violation as

28  provided in chapter 318.

29         Section 142.  Section 316.415, Florida Statutes, is

30  amended to read:

31

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  1         316.415  Reflectors.--Every motorcycle and motor-driven

  2  cycle shall carry on the rear, either as part of the taillamp

  3  or separately, at least one red reflector. A violation of this

  4  section is a noncriminal traffic infraction, punishable as a

  5  nonmoving violation as provided in chapter 318.

  6         Section 143.  Section 316.420, Florida Statutes, is

  7  amended to read:

  8         316.420  Stop lamps.--Every motorcycle and motor-driven

  9  cycle shall be equipped with at least one stop lamp meeting

10  the requirements of s. 316.234(1). A violation of this section

11  is a noncriminal traffic infraction, punishable as a nonmoving

12  violation as provided in chapter 318.

13         Section 144.  Subsection (3) is added to section

14  316.425, Florida Statutes, to read:

15         316.425  Lamps on parked motorcycles.--

16         (3)  A violation of this section is a noncriminal

17  traffic infraction, punishable as a nonmoving violation as

18  provided in chapter 318.

19         Section 145.  Subsection (3) is added to section

20  316.430, Florida Statutes, to read:

21         316.430  Multiple-beam road-lighting equipment.--

22         (3)  A violation of this section is a noncriminal

23  traffic infraction, punishable as a nonmoving violation as

24  provided in chapter 318.

25         Section 146.  Section 316.435, Florida Statutes, is

26  amended to read:

27         316.435  Lighting equipment for motor-driven

28  cycles.--The headlamp or headlamps upon every motor-driven

29  cycle may be of the single-beam or multiple-beam type, but in

30  either event shall comply with the requirements and

31  limitations as follows:

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  1         (1)  Every such headlamp or headlamps on a motor-driven

  2  cycle shall be of sufficient intensity to reveal persons and

  3  vehicles at a distance of not less than 100 feet when the

  4  motor-driven cycle is operated at any speed less than 25 miles

  5  per hour; at a distance of not less than 200 feet when the

  6  motor-driven cycle is operated at a speed of 25 or more miles

  7  per hour; and at a distance of not less than 300 feet when the

  8  motor-driven cycle is operated at a speed of 35 or more miles

  9  per hour.

10         (2)  In the event the motor-driven cycle is equipped

11  with a multiple-beam headlamp or headlamps, such equipment

12  shall comply with the requirements of s. 316.430(2).

13

14  A violation of this section is a noncriminal traffic

15  infraction, punishable as a nonmoving violation as provided in

16  chapter 318.

17         Section 147.  Section 316.440, Florida Statutes, is

18  amended to read:

19         316.440  Brake equipment required.--Every motor-driven

20  cycle must comply with the provisions of s. 316.261, except

21  that:

22         (1)  Motorcycles and motor-driven cycles need not be

23  equipped with parking brakes.

24         (2)  The wheel of a sidecar attached to a motorcycle or

25  to a motor-driven cycle, and the front wheel of a motor-driven

26  cycle, need not be equipped with brakes, provided that such

27  motorcycle or motor-driven cycle is capable of complying with

28  the performance requirements of this chapter.

29

30

31

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  1  A violation of this section is a noncriminal traffic

  2  infraction, punishable as a nonmoving violation as provided in

  3  chapter 318.

  4         Section 148.  Subsection (3) is added to section

  5  316.445, Florida Statutes, to read:

  6         316.445  Performance ability of motorcycle brakes.--

  7         (3)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 149.  Subsection (4) is added to section

11  316.450, Florida Statutes, to read:

12         316.450  Brakes on motor-driven cycles.--

13         (4)  A violation of this section is a noncriminal

14  traffic infraction, punishable as a nonmoving violation as

15  provided in chapter 318.

16         Section 150.  Section 316.455, Florida Statutes, is

17  amended to read:

18         316.455  Other equipment.--Every motorcycle and every

19  motor-driven cycle when operated upon a highway shall comply

20  with the requirements and limitations of:

21         (1)  Section 316.271(1) and (2) on the requirement for

22  horns and warning devices.

23         (2)  Section 316.271(3) on the requirement for the use

24  of horns.

25         (3)  Section 316.271(4) on the requirement for sirens,

26  whistles, and bells.

27         (4)  Section 316.271(5) on the requirement for theft

28  alarms.

29         (5)  Section 316.271(6) on the requirement for

30  emergency vehicles.

31

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  1         (6)  Section 316.272 on the requirement for mufflers

  2  and prevention of noise.

  3         (7)  Section 316.294 on the requirement for mirrors.

  4

  5  A violation of this section is a noncriminal traffic

  6  infraction, punishable as a nonmoving violation as provided in

  7  chapter 318.

  8         Section 151.  Section 316.46, Florida Statutes, is

  9  amended to read:

10         316.46  Equipment regulations for mopeds.--No person

11  may operate a moped that does not conform to all applicable

12  federal motor vehicle safety standards relating to lights and

13  safety and other equipment contained in Title 49, Code of

14  Federal Regulations. A violation of this section is a

15  noncriminal traffic infraction, punishable as a nonmoving

16  violation as provided in chapter 318.

17         Section 152.  Section 316.510, Florida Statutes, is

18  amended to read:

19         316.510  Projecting loads on passenger vehicles.--No

20  passenger type vehicle shall be operated on any highway with

21  any load carried thereon extending beyond the fenders on the

22  left side of the vehicle or extending more than 6 inches

23  beyond the line of the fenders on the right side thereof. A

24  violation of this section is a noncriminal traffic infraction,

25  punishable as a nonmoving violation as provided in chapter

26  318.

27         Section 153.  Subsection (3) is added to section

28  316.520, Florida Statutes, to read:

29         316.520  Loads on vehicles.--

30

31

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  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 154.  Subsection (3) is added to section

  5  316.525, Florida Statutes, to read:

  6         316.525  Requirements for vehicles hauling loads.--

  7         (3)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 155.  Subsection (4) is added to section

11  316.530, Florida Statutes, to read:

12         316.530  Towing requirements.--

13         (4)  A violation of this section is a noncriminal

14  traffic infraction, punishable as a moving violation as

15  provided in chapter 318.

16         Section 156.  Section 316.600, Florida Statutes, is

17  amended to read:

18         316.600  Health and sanitation hazards.--No motor

19  vehicle, trailer or semitrailer shall be equipped with an open

20  toilet or other device that may be a hazard from a health and

21  sanitation standpoint. A violation of this section is a

22  noncriminal traffic infraction, punishable as a nonmoving

23  violation as provided in chapter 318.

24         Section 157.  Section 316.605, Florida Statutes, is

25  amended to read:

26         316.605  Licensing of vehicles.--

27         (1)  Every vehicle, at all times while driven, stopped,

28  or parked upon any highways, roads, or streets of this state,

29  shall be licensed in the name of the owner thereof in

30  accordance with the laws of this state unless such vehicle is

31  not required by the laws of this state to be licensed in this

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  1  state and shall, except as otherwise provided in s. 320.0706

  2  for front-end registration license plates on truck tractors,

  3  display the license plate or both of the license plates

  4  assigned to it by the state, one on the rear and, if two, the

  5  other on the front of the vehicle, each to be securely

  6  fastened to the vehicle outside the main body of the vehicle

  7  in such manner as to prevent the plates from swinging, with

  8  all letters, numerals, printing, writing, and other

  9  identification marks upon the plates clear and distinct and

10  free from defacement, mutilation, grease, and other obscuring

11  matter, so that they will be plainly visible and legible at

12  all times 100 feet from the rear or front.  Nothing shall be

13  placed upon the face of a Florida plate except as permitted by

14  law or by rule or regulation of a governmental agency.  No

15  license plates other than those furnished by the state shall

16  be used.  However, if the vehicle is not required to be

17  licensed in this state, the license plates on such vehicle

18  issued by another state, by a territory, possession, or

19  district of the United States, or by a foreign country,

20  substantially complying with the provisions hereof, shall be

21  considered as complying with this chapter. A violation of this

22  subsection is a noncriminal traffic infraction, punishable as

23  a nonmoving violation as provided in chapter 318.

24         (2)  Any commercial motor vehicle, as defined in s.

25  316.003(66), operating over the highways of this state with an

26  expired registration, with no registration from this or any

27  other jurisdiction, or with no registration under the

28  applicable provisions of chapter 320 shall be in violation of

29  s. 320.07(3) and shall subject the owner or operator of such

30  vehicle to the penalty provided in s. 318.18.  In addition, a

31  commercial motor vehicle found in violation of this section

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  1  may be detained by any law enforcement officer until the owner

  2  or operator produces evidence that the vehicle has been

  3  properly registered and that any applicable delinquent

  4  penalties have been paid.

  5         Section 158.  Subsection (5) of section 316.613,

  6  Florida Statutes, is amended to read:

  7         316.613  Child restraint requirements.--

  8         (5)  Any person who violates the provisions of this

  9  section commits a moving violation, punishable as provided in

10  chapter 318 and shall have 3 points assessed against his or

11  her driver's license as set forth in s. 322.27. In lieu of the

12  penalty specified in s. 318.18 and the assessment of points, a

13  person who violates the provisions of this section may elect,

14  with the court's approval, to participate in a child restraint

15  safety program approved by the chief judge of the circuit in

16  which the violation occurs, and upon completing such program,

17  the penalty specified in chapter 318 and associated costs may

18  be waived at the court's discretion and the assessment of

19  points shall be waived.  The child restraint safety program

20  must use a course approved by the Department of Transportation

21  Health and Rehabilitative Services, and the fee for the course

22  must bear a reasonable relationship to the cost of providing

23  the course.

24         Section 159.  Subsection (5) of section 316.6135,

25  Florida Statutes, is amended to read:

26         316.6135  Leaving children unattended or unsupervised

27  in motor vehicle; penalty; authority of law enforcement

28  officer.--

29         (5)  The child shall be remanded to the custody of the

30  Department of Children and Family Health and Rehabilitative

31  Services pursuant to chapter 39, unless the law enforcement

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  1  officer is able to locate the parents or legal guardian or

  2  other person responsible for the child.

  3         Section 160.  Subsection (6) is added to section

  4  316.615, Florida Statutes, to read:

  5         316.615  School buses; physical requirements of

  6  drivers.--

  7         (6)  A violation of this section is a noncriminal

  8  traffic infraction, punishable as a nonmoving violation as

  9  provided in chapter 318.

10         Section 161.  Subsection (7) is added to section

11  316.620, Florida Statutes, to read:

12         316.620  Transportation of migrant farm workers.--Every

13  carrier of migrant farm workers shall systematically inspect

14  and maintain, or cause to be systematically maintained, all

15  motor vehicles and their accessories subject to its control to

16  ensure that such motor vehicles and accessories are in safe

17  and proper operating condition in accordance with the

18  provisions of this chapter.

19         (7)  VIOLATIONS.--A violation of this section is a

20  noncriminal traffic infraction, punishable as a nonmoving

21  violation as provided in chapter 318.

22         Section 162.  Subsection (3) of section 316.635,

23  Florida Statutes, is amended to read:

24         316.635  Courts having jurisdiction over traffic

25  violations; powers relating to custody and detention of

26  minors.--

27         (3)  If a minor is taken into custody for a criminal

28  traffic offense or a violation of chapter 322 and the minor

29  does not demand to be taken before a magistrate, the arresting

30  officer or booking officer shall immediately notify, or cause

31  to be notified, the minor's parents, guardian, or responsible

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  1  adult relative of the action taken. After making every

  2  reasonable effort to give notice, the arresting officer or

  3  booking officer may:

  4         (a)  Issue a notice to appear pursuant to chapter 901

  5  and release the minor to a parent, guardian, responsible adult

  6  relative, or other responsible adult;

  7         (b)  Issue a notice to appear pursuant to chapter 901

  8  and release the minor pursuant to s. 903.06;

  9         (c)  Issue a notice to appear pursuant to chapter 901

10  and deliver the minor to an appropriate substance abuse

11  treatment or rehabilitation facility or refer the minor to an

12  appropriate medical facility as provided in s. 901.29.  If the

13  minor cannot be delivered to an appropriate substance abuse

14  treatment or rehabilitation facility or medical facility, the

15  arresting officer may deliver the minor to an appropriate

16  intake office of the Department of Children and Family Health

17  and Rehabilitative Services, which shall take custody of the

18  minor and make any appropriate referrals; or

19         (d)  If the violation constitutes a felony and the

20  minor cannot be released pursuant to s. 903.03, transport and

21  deliver the minor to an appropriate Department of Children and

22  Family Health and Rehabilitative Services intake office. Upon

23  delivery of the minor to the intake office, the department

24  shall assume custody and proceed pursuant to chapter 39.

25

26  If action is not taken pursuant to paragraphs (a)-(d), the

27  minor shall be delivered to the Department of Children and

28  Family Health and Rehabilitative Services, and the department

29  shall make every reasonable effort to contact the parents,

30  guardian, or responsible adult relative to take custody of the

31  minor. If there is no parent, guardian, or responsible adult

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  1  relative available, the department may retain custody of the

  2  minor for up to 24 hours.

  3         Section 163.  Paragraph (b) of subsection (1) of

  4  section 316.70, Florida Statutes, is amended to read:

  5         316.70  Nonpublic sector buses; safety rules.--

  6         (1)  The Department of Transportation shall establish

  7  and revise standards to assure the safe operation of nonpublic

  8  sector buses, as defined in s. 316.003(78), which standards

  9  shall be those contained in 49 C.F.R. parts 382, 385, and

10  390-397 and which shall be directed towards assuring that:

11         (b)  Nonpublic sector buses are carrying the insurance

12  required by law and carrying liability insurance on the

13  checked baggage of passengers not to exceed the standard

14  adopted by the United States Department of Transportation

15  Interstate Commerce Commission.

16         Section 164.  Section 318.12, Florida Statutes, is

17  amended to read:

18         318.12  Purpose.--It is the legislative intent in the

19  adoption of this chapter to decriminalize certain violations

20  of chapter 316, the Florida Uniform Traffic Control Law;

21  chapter 320, Motor Vehicle Licenses; chapter 322, Drivers'

22  Licenses; chapter 339, Florida Transportation Code, Sixth

23  Part; chapter 240, Postsecondary Education 239, Universities;

24  Scholarships, etc.; and chapter 338, Florida Intrastate

25  Highway System and Toll Facilities 340, Turnpike Projects,

26  thereby facilitating the implementation of a more uniform and

27  expeditious system for the disposition of traffic infractions.

28         Section 165.  Subsection (5) of section 318.13, Florida

29  Statutes, is amended to read:

30         318.13  Definitions.--The following words and phrases,

31  when used in this chapter, shall have the meanings

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  1  respectively ascribed to them in this section, except where

  2  the context otherwise requires:

  3         (5)  "Officer" means any law enforcement officer

  4  charged with and acting under his or her authority to arrest

  5  persons suspected of, or known to be, violating statutes or

  6  ordinances regulating traffic or the operation or equipment of

  7  vehicles. "Officer" includes any individual employed by a

  8  sheriff's department or the police department of a chartered

  9  municipality who is acting as a traffic infraction enforcement

10  officer as provided in s. 316.640 318.141.

11         Section 166.  Subsections (1), (4), (9), and (10) of

12  section 318.14, Florida Statutes, are amended to read:

13         318.14  Noncriminal traffic infractions; exception;

14  procedures.--

15         (1)  Except as provided in ss. 318.17 and 320.07(3)(b),

16  any person cited for a violation of s. 240.265, chapter 316,

17  s. 320.0605(1), s. 320.07(3)(a), s. 322.065, s. 322.15(1), s.

18  322.16(2) or (3), s. 322.1615 s. 322.161(4), or s. 322.19 is

19  charged with a noncriminal infraction and must be cited for

20  such an infraction and cited to appear before an official. If

21  another person dies as a result of the noncriminal infraction,

22  the person cited may be required to perform 120 community

23  service hours under s. 316.027(4), in addition to any other

24  penalties.

25         (4)  Any person charged with a noncriminal infraction

26  under this section who does not elect to appear shall pay the

27  civil penalty and delinquent fee, if applicable, either by

28  mail or in person, within 30 days of the date of receiving the

29  citation.  If the person cited follows the above procedure, he

30  or she shall be deemed to have admitted the infraction and to

31  have waived his or her right to a hearing on the issue of

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  1  commission of the infraction.  Such admission shall not be

  2  used as evidence in any other proceedings.  Any person who is

  3  cited for a violation of s. 320.0605(1) or s. 322.15(1), or

  4  subject to a penalty under s. 320.07(3)(a) or s. 322.065, and

  5  who makes an election under this subsection shall submit proof

  6  of compliance with the applicable section to the clerk of the

  7  court. For the purposes of this subsection, proof of

  8  compliance consists of a valid driver's license or a valid

  9  registration certificate.

10         (9)  Any person who is cited for an infraction under

11  this section other than a violation of s. 320.0605(1), s.

12  320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.

13  322.62 may, in lieu of a court appearance, elect to attend in

14  the location of his or her choice within this state a basic

15  driver improvement course approved by the Department of

16  Highway Safety and Motor Vehicles. In such a case,

17  adjudication must be withheld; points, as provided by s.

18  322.27, may not be assessed; and the civil penalty that is

19  imposed by s. 318.18(3) must be reduced by 18 percent;

20  however, a person may not make an election under this

21  subsection if the person has made an election under this

22  subsection in the preceding 12 months. A person may make no

23  more than five elections under this subsection. The

24  requirement for community service under s. 318.18(8)(7) is not

25  waived by a plea of nolo contendere or by the withholding of

26  adjudication of guilt by a court.

27         (10)(a)  Any person cited for an offense listed under

28  this subsection may, in lieu of payment of fine or court

29  appearance, elect to enter a plea of nolo contendere and

30  provide proof of compliance to the clerk of the court or

31  authorized operator of a traffic violations bureau. In such

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  1  case, adjudication shall be withheld; however, no election

  2  shall be made under this subsection if such person has made an

  3  election under this subsection in the 12 months preceding

  4  election hereunder.  No person may make more than three

  5  elections under this subsection.  This subsection applies to

  6  the following offenses:

  7         1.  Operating a motor vehicle without a valid driver's

  8  license in violation of the provisions of s. 322.03, s.

  9  322.065, or s. 322.15(1), or operating a motor vehicle with a

10  license which has been suspended for failure to appear,

11  failure to pay civil penalty, or failure to attend a driver

12  improvement course pursuant to s. 322.291.

13         2.  Operating a motor vehicle without a valid

14  registration in violation of s. 320.0605, or s. 320.07, or s.

15  320.131.

16         3.  Operating a motor vehicle in violation of s.

17  316.646.

18         (b)  Any person cited for an offense listed in this

19  subsection shall present proof of compliance prior to the

20  scheduled court appearance date. For the purposes of this

21  subsection, proof of compliance shall consist of a valid,

22  renewed, or reinstated driver's license or registration

23  certificate and proper proof of maintenance of security as

24  required by s. 316.646. Notwithstanding waiver of fine, any

25  person establishing proof of compliance shall be assessed

26  court costs of $22, except that a person charged with

27  violation of s. 316.646(1)-(3) may be assessed court costs of

28  $7. One dollar of such costs shall be distributed to the

29  Department of Children and Family Health and Rehabilitative

30  Services for deposit into the Child Welfare Training Trust

31  Fund.  One dollar of such costs shall be distributed to the

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  1  Department of Juvenile Justice for deposit into the Juvenile

  2  Justice Training Trust Fund. Twelve dollars of such costs

  3  shall be distributed to the municipality and $8 shall be

  4  retained by the county, if the offense was committed within

  5  the municipality.  If the offense was committed in an

  6  unincorporated area of a county or if the citation was for a

  7  violation of s. 316.646(1)-(3), the county shall retain the

  8  entire amount, except for the moneys to be deposited into the

  9  Child Welfare Training Trust Fund and the Juvenile Justice

10  Training Trust Fund.  This subsection shall not be construed

11  to authorize the operation of a vehicle without a valid

12  driver's license, without a valid vehicle tag and

13  registration, or without the maintenance of required security.

14         Section 167.  Subsections (1), (6), and (11) of section

15  318.18, Florida Statutes, are amended to read:

16         318.18  Amount of civil penalties.--The penalties

17  required for a noncriminal disposition pursuant to s. 318.14

18  are as follows:

19         (1)  Fifteen dollars for:

20         (a)  All infractions of pedestrian regulations.,

21         (b)  All infractions of s. 316.2065, unless otherwise

22  specified. and

23         (c)  Other violations of chapter 316 by persons 14

24  years of age or under who are operating bicycles, regardless

25  of the noncriminal traffic infraction's classification.

26         (6)  One hundred dollars for illegally parking in a

27  parking space provided for disabled persons under s. 316.1955.

28  If proof is provided or s. 316.1956 or provide proof to the

29  clerk of the circuit court that the person committing the

30  violation has a valid parking permit or license plate issued

31  pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.

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  1  320.0845, or s. 320.0848 and a signed affidavit that the owner

  2  of the disabled parking permit was present at the time the

  3  violation occurred, and such parking permit or license plate

  4  was valid at the time the violation occurred. Upon provision

  5  of proof of such a valid parking permit or license plate and

  6  payment of a $5 dismissal fee to the clerk of the circuit

  7  court, the clerk shall dismiss the citation.

  8         (11)(a)  Court costs which are to be in addition to the

  9  stated fine shall be imposed by the court in an amount not

10  less than the following:

11

12  For pedestrian infractions................................$ 3.

13  For nonmoving traffic infractions.........................$ 6.

14  For moving traffic infractions............................$10.

15         (b)  In addition to the court cost assessed under

16  paragraph (a), the court shall impose a $3 court cost for each

17  infraction to be distributed as provided in s. 938.01(1) s.

18  943.25(3).

19

20  In no event may court costs imposed under this subsection

21  exceed $30. A regional criminal justice assessment center or

22  other local criminal justice access and assessment center may

23  be funded from these court costs.

24         Section 168.  Subsection (1) and paragraph (a) of

25  subsection (2) of section 318.21, Florida Statutes, are

26  amended to read:

27         318.21  Disposition of civil penalties by county

28  courts.--All civil penalties received by a county court

29  pursuant to the provisions of this chapter shall be

30  distributed and paid monthly as follows:

31

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  1         (1)  One dollar from every civil penalty shall be paid

  2  to the Department of Children and Family Health and

  3  Rehabilitative Services for deposit into the Child Welfare

  4  Training Trust Fund for child welfare training purposes

  5  pursuant to s. 402.40 s. 404.40.  One dollar from every civil

  6  penalty shall be paid to the Department of Juvenile Justice

  7  for deposit into the Juvenile Justice Training Trust Fund for

  8  juvenile justice purposes pursuant to s. 985.406 s. 39.024.

  9         (2)  Of the remainder:

10         (a)  Twenty and six-tenths percent shall be paid to the

11  General Revenue Fund of the state, except that the first

12  $300,000 shall be deposited into the Grants and Donations

13  Trust Fund in the Department of Children and Family Health and

14  Rehabilitative Services for administrative costs, training

15  costs, and costs associated with the implementation and

16  maintenance of Florida foster care citizen review panels as

17  provided for in s. 39.4531.

18         Section 169.  Paragraph (b) of subsection (2) of

19  section 319.28, Florida Statutes, is amended to read:

20         319.28  Transfer of ownership by operation of law.--

21         (2)

22         (b)  In case of repossession of a motor vehicle or

23  mobile home pursuant to the terms of a security agreement or

24  similar instrument, an affidavit by the party to whom

25  possession has passed stating that the vehicle or mobile home

26  was repossessed upon default in the terms of the security

27  agreement or other instrument shall be considered satisfactory

28  proof of ownership and right of possession.  At least 5 days

29  prior to selling the repossessed vehicle, any subsequent

30  lienholder named in the last issued certificate of title shall

31  be sent notice of the repossession by certified mail, on a

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  1  form prescribed by the department.  If such notice is given

  2  and no written protest to the department is presented by a

  3  subsequent lienholder within 15 days from the date on which

  4  the notice was mailed, the certificate of title or the

  5  certificate of repossession shall be issued showing no liens.

  6  If the former owner or any subsequent lienholder files a

  7  written protest under oath within such 15-day period, the

  8  department shall not issue the certificate of title or

  9  certificate of repossession for 10 days thereafter.  If within

10  the 10-day period no injunction or other order of a court of

11  competent jurisdiction has been served on the department

12  commanding it not to deliver the certificate of title or

13  certificate of repossession, the department shall deliver the

14  certificate of title or repossession to the applicant or as

15  may otherwise be directed in the application showing no other

16  liens than those shown in the application.  Any lienholder who

17  has repossessed a vehicle in compliance with the provisions of

18  this section may apply to the tax collector's office or to the

19  department for a certificate of repossession or to the

20  department for a certificate of title pursuant to s. 319.323.

21  Proof of the required notice to subsequent lienholders shall

22  be submitted together with regular title fees.  A lienholder

23  to whom a certificate of repossession has been issued may

24  assign the certificate of title to the subsequent owner. Any

25  person found guilty of violating any requirements of this

26  paragraph shall be guilty of a felony of the third degree,

27  punishable as provided in s. 775.082, s. 775.083, or s.

28  775.084.

29         Section 170.  Paragraph (d) of subsection (1) of

30  section 319.33, Florida Statutes, is amended to read:

31

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  1         319.33  Offenses involving vehicle identification

  2  numbers, applications, certificates, papers; penalty.--

  3         (1)  It is unlawful:

  4         (d)  To possess, sell or offer for sale, conceal, or

  5  dispose of in this state a motor vehicle or mobile home, or

  6  major component part thereof, on which the motor number or

  7  vehicle identification number has been destroyed, removed,

  8  covered, altered, or defaced, with knowledge of such

  9  destruction, removal, covering, alteration, or defacement,

10  except as provided in s. 319.30(4)(3).

11         Section 171.  Subsection (12) of section 320.02,

12  Florida Statutes, is amended to read:

13         320.02  Registration required; application for

14  registration; forms.--

15         (12)  The department is authorized to withhold

16  registration or reregistration of any motor vehicle if the

17  owner, or one of the coowners of the vehicle, has a driver's

18  license which is under suspension for the failure to remit

19  payment of any fines levied in this state pursuant to chapter

20  318 or chapter 322. The department shall design and implement

21  a program to accomplish this action by June 1, 1992.  However,

22  nothing in this subsection shall be construed to prohibit the

23  department from withholding registration or renewal for a

24  similar situation during the interim.

25         Section 172.  Subsections (7) and (8) of section

26  320.03, Florida Statutes, are amended to read:

27         320.03  Registration; duties of tax collectors;

28  International Registration Plan.--

29         (7)  The Department of Highway Safety and Motor

30  Vehicles shall register apportioned motor vehicles under the

31  provisions of the International Registration Plan.

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  1  Implementation of the plan shall occur by July 1, 1986, for

  2  the 1986-1987 registration period. The department may adopt

  3  rules to implement and enforce the provisions of the plan.

  4         (8)  If the applicant's name appears on the list

  5  referred to in s. 316.1001(4)(5) or s. 316.1967(6), a license

  6  plate or revalidation sticker may not be issued until that

  7  person's name no longer appears on the list or until the

  8  person presents a receipt from the clerk showing that the

  9  fines outstanding have been paid. The tax collector and the

10  clerk of the court are each entitled to receive monthly, as

11  costs for implementing and administering this subsection, 10

12  percent of the civil penalties and fines recovered from such

13  persons. If the tax collector has private tag agents, such tag

14  agents are entitled to receive a pro rata share of the amount

15  paid to the tax collector, based upon the percentage of

16  license plates and revalidation stickers issued by the tag

17  agent compared to the total issued within the county. The

18  authority of any private agent to issue license plates shall

19  be revoked, after notice and a hearing as provided in chapter

20  120, if he or she issues any license plate or revalidation

21  sticker contrary to the provisions of this subsection. This

22  section applies only to the annual renewal in the owner's

23  birth month of a motor vehicle registration and does not apply

24  to the transfer of a registration of a motor vehicle sold by a

25  motor vehicle dealer licensed under this chapter, except for

26  the transfer of registrations which is inclusive of the annual

27  renewals. This section does not affect the issuance of the

28  title to a motor vehicle, notwithstanding s. 319.23(7)(b).

29         Section 173.  Section 320.031, Florida Statutes, is

30  amended to read:

31

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  1         320.031  Mailing of registration certificates, license

  2  plates, and validation stickers.--

  3         (1)  The department and the tax collectors of the

  4  several counties of the state may at the request of the

  5  applicant use United States mail service to deliver

  6  registration certificates and renewals thereof, license

  7  plates, mobile home stickers, and validation stickers to

  8  applicants.

  9         (2)  A mail service charge may be collected for each

10  registration certificate, license plate, mobile home sticker,

11  and validation sticker mailed by the department or any tax

12  collector. Each registration certificate, license plate,

13  mobile home sticker, and validation sticker shall be mailed by

14  first-class mail unless otherwise requested by the applicant.

15  The amount of the mail service charge shall be the actual

16  postage required, rounded to the nearest 5 cents, plus a

17  25-cent handling charge.  The mail service charge is in

18  addition to the service charge provided by s. 320.04.

19         (3)  The department is authorized to reproduce such

20  documents, records, and reports as required to meet the

21  requirements of the law and the needs of the public, either by

22  photographing, microphotographing, or reproducing on film the

23  document, record, or report, or by using an electronic

24  digitizing process capable of reproducing a true and correct

25  image of the original source document. The photographs,

26  microphotographs, or electronic digitized copy of any records

27  made in compliance with the provisions of this section shall

28  have the same force and effect as the originals thereof and

29  shall be treated as originals for the purpose of their

30  admissibility into evidence. Duly certified or authenticated

31  reproductions of such photographs, microphotographs, or

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  1  electronically digitized records shall be admitted into

  2  evidence equally with the original photographs,

  3  microphotographs, or electronically digitized records.

  4         Section 174.  Subsections (1) and (5) of section

  5  320.055, Florida Statutes, are amended to read:

  6         320.055  Registration periods; renewal periods.--The

  7  following registration periods and renewal periods are

  8  established:

  9         (1)  For a motor vehicle subject to registration under

10  s. 320.08(1), (2), (3)(a), (b), (c), (d), or (e), (5)(b), (c),

11  (d), or (f) (e), (6)(a), (7), (8), (9), or (10) and owned by a

12  natural person, the registration period begins the first day

13  of the birth month of the owner and ends the last day of the

14  month immediately preceding the owner's birth month in the

15  succeeding year.  If such vehicle is registered in the name of

16  more than one person, the birth month of the person whose name

17  first appears on the registration shall be used to determine

18  the registration period.  For a vehicle subject to this

19  registration period, the renewal period is the 30-day period

20  ending at midnight on the vehicle owner's date of birth.

21         (5)  For a vehicle subject to registration under s.

22  320.08(4), (5)(a)1., (e), or (6)(b), or (14), the registration

23  period shall be a period of 12 months beginning in a month

24  designated by the department and ending on the last day of the

25  12th month.  For a vehicle subject to this registration

26  period, the renewal period is the last month of the

27  registration period. The registration period may be shortened

28  or extended at the discretion of the department, on receipt of

29  the appropriate prorated fees, in order to evenly distribute

30  such registrations on a monthly basis.

31

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  1         Section 175.  Paragraph (b) of subsection (1) and

  2  paragraph (a) of subsection (3) of section 320.06, Florida

  3  Statutes, are amended to read:

  4         320.06  Registration certificates, license plates, and

  5  validation stickers generally.--

  6         (1)

  7         (b)  Registration license plates bearing a graphic

  8  symbol and the alphanumeric system of identification shall be

  9  issued for a 5-year period. At the end of said 5-year period,

10  upon renewal, the plate shall be replaced and the department

11  shall determine the replacement date for plates issued prior

12  to October 1, 1985.  The fee for such replacement shall be

13  $10, $2 of which shall be paid each year before the plate is

14  replaced, to be credited towards the next $10 replacement fee.

15  The fees shall be deposited into the Highway Safety Operating

16  Trust Fund.  A credit or refund shall not be given for any

17  prior years' payments of such prorated replacement fee when

18  the plate is replaced or surrendered before the end of the

19  5-year period.  With each license plate, there shall be issued

20  a validation sticker showing the owner's birth month or the

21  appropriate renewal period if the owner is not a natural

22  person. This validation sticker shall be placed on the upper

23  left corner of the license plate and shall be issued one time

24  during the life of the license plate, or upon request when it

25  has been damaged or destroyed.  There shall also be issued

26  with each license plate a serially numbered validation sticker

27  showing the year of expiration, which sticker shall be placed

28  on the upper right corner of the license plate.  Such license

29  plate and validation stickers shall be issued based on the

30  applicant's appropriate renewal period.  The registration

31  period shall be a period of 12 months, and all expirations

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  1  shall occur based on the applicant's appropriate registration

  2  period.  A vehicle with an apportioned registration shall be

  3  issued an annual license plate and a cab card that denote the

  4  declared gross vehicle weight for each apportioned

  5  jurisdiction in which the vehicle is authorized to operate.

  6         (3)(a)  Registration license plates shall be of metal

  7  specially treated with a retroreflective material, as

  8  specified by the department. The registration license plate is

  9  designed to increase nighttime visibility and legibility and

10  shall be at least 6 inches wide and not less than 12 inches in

11  length, unless a plate with reduced dimensions is deemed

12  necessary by the department to accommodate motorcycles,

13  mopeds, or similar smaller vehicles. Validation stickers shall

14  be treated with a retroreflective material, shall be of such

15  size as specified by the department, and shall adhere to the

16  license plate. The registration license plate shall be

17  imprinted with a combination of bold letters and numerals or

18  numerals, not to exceed seven digits, to identify the

19  registration license plate number. The license plate shall

20  also be imprinted with the word "Florida" at the top and the

21  name of the county in which it is sold at the bottom, except

22  that apportioned license plates shall have the word

23  "Apportioned" at the bottom and license plates issued for

24  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or

25  (c), (12), or (14) shall have the word "Restricted" at the

26  bottom. License plates issued for vehicles taxed under s.

27  320.08(12) must be imprinted with the word "Florida" at the

28  top and the word "Dealer" at the bottom., except that

29  gross-vehicle-weight vehicles owned by a licensed motor

30  vehicle dealer may be issued a license plate with the word

31  "Restricted."  License plates issued for vehicles taxed under

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  1  s. 320.08(5)(d) or (e) must be imprinted with the word

  2  "Wrecker" at the bottom.  Any county may, upon majority vote

  3  of the county commission, elect to have the county name

  4  removed from the license plates sold in that county. The words

  5  "Sunshine State" shall be printed in lieu thereof.  In those

  6  counties where the county commission has not removed the

  7  county name from the license plate, the tax collector may, in

  8  addition to issuing license plates with the county name

  9  printed on the license plate, also issue license plates with

10  the words "Sunshine State" printed on the license plate

11  subject to the approval of the department and a legislative

12  appropriation for the additional license plates.  A license

13  plate issued for a vehicle taxed under s. 320.08(6) may not be

14  assigned a registration license number, or be issued with any

15  other distinctive character or designation, that distinguishes

16  the motor vehicle as a for-hire motor vehicle.

17         Section 176.  Subsection (1) of section 320.0601,

18  Florida Statutes, is amended to read:

19         320.0601  Rental car companies; identification of

20  vehicles as for-hire.--

21         (1)  Effective September 1, 1993, A rental car company

22  may not rent in this state any for-hire vehicle, other than

23  vehicles designed to transport cargo, that has affixed to its

24  exterior any bumper stickers, insignias, or advertising that

25  identifies the vehicle as a rental vehicle.

26         Section 177.  Section 320.0605, Florida Statutes, is

27  amended to read:

28         320.0605  Certificate of registration; possession

29  required; exception.--The registration certificate or an

30  official copy thereof, a true copy of a rental or lease

31  agreement issued for a motor vehicle or issued for a

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  1  replacement vehicle in the same registration period, or a cab

  2  card issued for a vehicle registered under the International

  3  Registration Plan shall, at all times while the vehicle is

  4  being used or operated on the roads of this state, be in the

  5  possession of the operator thereof or be carried in the

  6  vehicle for which issued and shall be exhibited upon demand of

  7  any authorized law enforcement officer or any agent of the

  8  department. The provisions of this section do not apply during

  9  the first 30 days after purchase of a replacement vehicle. A

10  violation of this section is a noncriminal traffic infraction,

11  punishable as a nonmoving violation as provided in chapter

12  318.

13         Section 178.  Paragraph (a) of subsection (3) of

14  section 320.07, Florida Statutes, is amended to read:

15         320.07  Expiration of registration; annual renewal

16  required; penalties.--

17         (3)  The operation of any motor vehicle without having

18  attached thereto a registration license plate and validation

19  stickers, or the use of any mobile home without having

20  attached thereto a mobile home sticker, for the current

21  registration period shall subject the owner thereof, if he or

22  she is present, or, if the owner is not present, the operator

23  thereof to the following penalty provisions:

24         (a)  Any person whose motor vehicle or mobile home

25  registration has been expired for a period of 6 months or less

26  commits a noncriminal traffic infraction, punishable as a

27  nonmoving violation as provided in chapter 318 shall be

28  subject to the penalty provided in s. 318.14.

29         Section 179.  Section 320.073, Florida Statutes, is

30  repealed.

31

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  1         Section 180.  Section 320.0802, Florida Statutes, is

  2  amended to read:

  3         320.0802  Surcharge on license tax.--During the period

  4  January 1, 1989, through December 31, 2003, there is hereby

  5  levied and imposed on each license tax imposed under s.

  6  320.08, except those set forth in s. 320.08(11), a surcharge

  7  in the amount of $1, which shall be collected in the same

  8  manner as the license tax and deposited into the State Agency

  9  Law Enforcement Radio System Trust Fund of the Department of

10  Management Services. However, the surcharge shall be

11  terminated on midnight December 31, 1994, unless the pilot

12  project established in s. 282.1095 is deemed successful by the

13  joint task force with the concurrence of the Governor and

14  Cabinet as the head of the Department of Management Services

15  General Services.

16         Section 181.  Paragraph (b) of subsection (7) of

17  section 320.08058, Florida Statutes, is amended to read:

18         320.08058  Specialty license plates.--

19         (7)  FLORIDA SPECIAL OLYMPICS LICENSE PLATES.--

20         (b)  The license plate annual use fees are to be

21  annually distributed as follows:

22         1.  The first $5 million collected annually must be

23  forwarded to the private nonprofit corporation Florida

24  Developmental Disabilities Planning Council as described in s.

25  393.002 s. 393.001 and must be used solely for Special

26  Olympics purposes as approved by the private nonprofit

27  corporation council.

28         2.  Any additional fees must be deposited into the

29  General Revenue Fund.

30         Section 182.  The catchline to section 320.08062,

31  Florida Statutes, is amended to read:

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  1         320.08062  Audits required; annual use fees of

  2  specialty special license plates.--

  3         Section 183.  Section 320.087, Florida Statutes, is

  4  amended to read:

  5         320.087  Intercity buses operated in interstate

  6  commerce; tax.--All intercity motor buses owned or operated by

  7  residents or nonresidents of this state in interstate commerce

  8  or combined interstate and intrastate commerce as a result of

  9  which operation such motor buses operate both within and

10  without this state under the authority of the United States

11  Department of Transportation Interstate Commerce Commission,

12  are subject to motor vehicle license taxes on a basis

13  commensurate with the use of Florida roads.  The department

14  shall require the registration in this state of that

15  percentage of intercity motor buses operating in interstate

16  commerce or combined interstate-intrastate commerce, into or

17  through this state, which the actual mileage operated in this

18  state bears to the total mileage all such intercity motor

19  buses are operated both within and without this state.  Such

20  percentage figure, so determined, is the "Florida mileage

21  factor."  In determining the state license tax to be paid on

22  the buses actually operated in this state under the foregoing

23  method, the department shall first compute the amount that the

24  state license tax would be if all of such buses were in fact

25  subject to such tax, and then apply to that amount the Florida

26  mileage factor.

27         Section 184.  Section 320.1325, Florida Statutes, is

28  amended to read:

29         320.1325  Registration required for the temporarily

30  employed.--Motor vehicles owned or leased by persons who are

31  temporarily employed within the state but are not residents

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  1  are required to be registered. The department shall provide a

  2  temporary registration plate and a registration certificate

  3  valid for 90 days to an applicant who is temporarily employed

  4  in the state. The temporary registration plate may be renewed

  5  one time for an additional 90-day period. At the end of the

  6  180-day period of temporary registration, the applicant shall

  7  apply for a permanent registration if there is a further need

  8  to remain in this state. A temporary license registration

  9  plate may not be issued for any commercial motor vehicle as

10  defined in s. 320.01. The fee for the 90-day temporary

11  registration plate shall be $40 plus the applicable service

12  charge required by s. 320.04. Subsequent permanent

13  registration and titling of a vehicle registered hereunder

14  shall subject the applicant to the fees required by s. ss.

15  319.231 and 320.072, in addition to all other taxes and fees

16  required.

17         Section 185.  Paragraph (b) of subsection (5) of

18  section 320.20, Florida Statutes, is amended to read:

19         320.20  Disposition of license tax moneys.--The revenue

20  derived from the registration of motor vehicles, including any

21  delinquent fees and excluding those revenues collected and

22  distributed under the provisions of s. 320.081, must be

23  distributed monthly, as collected, as follows:

24         (5)

25         (b)  Beginning July 1, 1989, The State Comptroller each

26  month shall deposit in the State Transportation Trust Fund an

27  amount, drawn from other funds in the State Treasury which are

28  not immediately needed or are otherwise in excess of the

29  amount necessary to meet the requirements of the State

30  Treasury, which when added to such remaining revenues each

31  month will equal one-twelfth of the amount of the anticipated

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  1  annual revenues to be deposited in the State Transportation

  2  Trust Fund under paragraph (a) as estimated by the most recent

  3  revenue estimating conference held pursuant to s. 216.136(3).

  4  The transfers required hereunder may be suspended by action of

  5  the Administration Commission in the event of a significant

  6  shortfall of state revenues.

  7         Section 186.  Subsection (4) of section 320.8255,

  8  Florida Statutes, is amended to read:

  9         320.8255  Mobile home inspection.--

10         (4)  The department shall determine fees for special

11  inspections and for the label seal authorized under s. 320.827

12  which are sufficient to cover the cost of inspection and

13  administration under this section.  Fees collected shall be

14  deposited into the General Revenue Fund.

15         Section 187.  Section 320.8256, Florida Statutes, is

16  repealed.

17         Section 188.  Subsection (6) of section 321.05, Florida

18  Statutes, is amended to read:

19         321.05  Duties, functions, and powers of patrol

20  officers.--The members of the Florida Highway Patrol are

21  hereby declared to be conservators of the peace and law

22  enforcement officers of the state, with the common-law right

23  to arrest a person who, in the presence of the arresting

24  officer, commits a felony or commits an affray or breach of

25  the peace constituting a misdemeanor, with full power to bear

26  arms; and they shall apprehend, without warrant, any person in

27  the unlawful commission of any of the acts over which the

28  members of the Florida Highway Patrol are given jurisdiction

29  as hereinafter set out and deliver him or her to the sheriff

30  of the county that further proceedings may be had against him

31  or her according to law.  In the performance of any of the

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  1  powers, duties, and functions authorized by law, members of

  2  the Florida Highway Patrol shall have the same protections and

  3  immunities afforded other peace officers, which shall be

  4  recognized by all courts having jurisdiction over offenses

  5  against the laws of this state, and shall have authority to

  6  apply for, serve, and execute search warrants, arrest

  7  warrants, capias, and other process of the court in those

  8  matters in which patrol officers have primary responsibility

  9  as set forth in subsection (1).  The patrol officers under the

10  direction and supervision of the Department of Highway Safety

11  and Motor Vehicles shall perform and exercise throughout the

12  state the following duties, functions, and powers:

13         (6)(a)  The Division of Florida Highway Patrol is

14  authorized to promulgate rules and regulations which may be

15  necessary to implement the provisions of chapter 316.

16         (b)  The authority of the Florida Highway Patrol to

17  adopt safety rules shall expire on July 1, 1982.

18         Section 189.  Sections 321.06, 321.07, 321.09, 321.12,

19  321.15, 321.17, 321.18, 321.19, 321.191, 321.20, 321.201,

20  321.202, 321.203, 321.21, 321.22, 321.2205, 321.221, 321.222,

21  and 321.223, Florida Statutes, are repealed.

22         Section 190.  Subsection (2) of section 322.055,

23  Florida Statutes, is amended to read:

24         322.055  Revocation or suspension of, or delay of

25  eligibility for, driver's license for persons 18 years of age

26  or older convicted of certain drug offenses.--

27         (2)  If a person 18 years of age or older is convicted

28  for the possession or sale of, trafficking in, or conspiracy

29  to possess, sell, or traffic in a controlled substance and

30  such person is eligible by reason of age for a driver's

31  license or privilege, the court shall direct the department to

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  1  withhold issuance of such person's driver's license or driving

  2  privilege for a period of 2 years after the date the person

  3  was convicted or until the person is evaluated for and, if

  4  deemed necessary by the evaluating agency, completes a drug

  5  treatment and rehabilitation program approved or regulated by

  6  the Department of Health and Rehabilitative Services. However,

  7  the court may, in its sound discretion, direct the department

  8  to issue a license for driving privileges restricted to

  9  business or employment purposes only, as defined by s.

10  322.271, if the person is otherwise qualified for such a

11  license. A driver whose license or driving privilege has been

12  suspended or revoked under this section or s. 322.056 may,

13  upon the expiration of 6 months, petition the department for

14  restoration of the driving privilege on a restricted or

15  unrestricted basis depending on the length of suspension or

16  revocation. In no case shall a restricted license be available

17  until 6 months of the suspension or revocation period has

18  expired.

19         Section 191.  Subsection (5) of section 322.08, Florida

20  Statutes, is amended to read:

21         322.08  Application for license.--

22         (5)  After December 31, 1989, The department may not

23  issue a driver's license to a person who has never been issued

24  a driver's license in any jurisdiction until he or she

25  successfully completes the traffic law and substance abuse

26  education course prescribed in s. 322.095.

27         Section 192.  Subsection (2) of section 322.12, Florida

28  Statutes, is amended to read:

29         322.12  Examination of applicants.--

30         (2)  The department shall examine every applicant for a

31  driver's license, including an applicant who is licensed in

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  1  another state or country, except as otherwise provided in this

  2  chapter. A person who holds a learner's driver's license as

  3  provided for in s. 322.1615 s. 322.161 is not required to pay

  4  a fee for successfully completing the examination showing his

  5  or her ability to operate a motor vehicle as provided for

  6  herein and need not pay the fee for a replacement license as

  7  provided in s. 322.17(2).  Any person who applies for

  8  reinstatement following the suspension or revocation of his or

  9  her driver's license shall pay a service fee of $25 following

10  a suspension, and $50 following a revocation, which is in

11  addition to the fee for a license. Any person who applies for

12  reinstatement of a commercial driver's license following the

13  disqualification of his or her privilege to operate a

14  commercial motor vehicle shall pay a service fee of $50, which

15  is in addition to the fee for a license.  The department shall

16  collect all of these fees at the time of reinstatement.  The

17  department shall issue proper receipts for such fees and shall

18  promptly transmit all funds received by it as follows:

19         (a)  Of the $25 fee received from a licensee for

20  reinstatement following a suspension, the department shall

21  deposit $15 in the General Revenue Fund and the remaining $10

22  in the Highway Safety Operating Trust Fund.

23         (b)  Of the $50 fee received from a licensee for

24  reinstatement following a revocation or disqualification, the

25  department shall deposit $35 in the General Revenue Fund and

26  the remaining $15 in the Highway Safety Operating Trust Fund.

27

28  If the revocation or suspension of the driver's license was

29  for a violation of s. 316.193, or for refusal to submit to a

30  lawful breath, blood, or urine test, an additional fee of $105

31  must be charged.  However, only one such $105 fee is to be

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  1  collected from one person convicted of such violations arising

  2  out of the same incident.  The department shall collect the

  3  $105 fee and deposit it into the Highway Safety Operating

  4  Trust Fund at the time of reinstatement of the person's

  5  driver's license, but the fee must not be collected if the

  6  suspension or revocation was overturned.

  7         Section 193.  Paragraph (a) of subsection (3) of

  8  section 322.121, Florida Statutes, is amended to read:

  9         322.121  Periodic reexamination of all drivers.--

10         (3)  For each licensee whose driving record does not

11  show any revocations, disqualifications, or suspensions for

12  the preceding 7 years or any convictions for the preceding 3

13  years except for convictions of the following nonmoving

14  violations:

15         (a)  Failure to exhibit a vehicle registration

16  certificate, rental agreement, or cab card pursuant to s.

17  320.0605(1);

18

19  the department shall cause such licensee's license to be

20  prominently marked with the notation "Safe Driver."

21         Section 194.  Paragraph (a) of subsection (2) of

22  section 322.141, Florida Statutes, is amended to read:

23         322.141  Color of licenses.--

24         (2)(a)  Effective January 1, 1990, All licenses for the

25  operation of motor vehicles originally issued or reissued by

26  the department to persons who have insulin-dependent diabetes

27  may, at the request of the applicant, have distinctive

28  markings separate and distinct from all other licenses issued

29  by the department.

30         Section 195.  Subsection (4) is added to section

31  322.15, Florida Statutes, to read:

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  1         322.15  License to be carried and exhibited on demand;

  2  fingerprint to be imprinted upon a citation.--

  3         (4)  A violation of this section is a noncriminal

  4  traffic infraction, punishable as a nonmoving violation as

  5  provided in chapter 318.

  6         Section 196.  Subsection (7) of section 322.20, Florida

  7  Statutes, is amended to read:

  8         322.20  Records of the department; fees; destruction of

  9  records.--

10         (7)  The requirement for the department to keep records

11  shall terminate upon the death of an individual licensed by

12  the department upon notification by the Department of Health

13  and Rehabilitative Services of such death.  The department

14  shall make such notification as is proper of the deletions

15  from their records to the court clerks of the state.

16         Section 197.  Section 322.264, Florida Statutes, is

17  reenacted to read:

18         322.264  "Habitual traffic offender" defined.--A

19  "habitual traffic offender" is any person whose record, as

20  maintained by the Department of Highway Safety and Motor

21  Vehicles, shows that such person has accumulated the specified

22  number of convictions for offenses described in subsection (1)

23  or subsection (2) within a 5-year period:

24         (1)  Three or more convictions of any one or more of

25  the following offenses arising out of separate acts:

26         (a)  Voluntary or involuntary manslaughter resulting

27  from the operation of a motor vehicle;

28         (b)  Any violation of s. 316.193, former s. 316.1931,

29  or former s. 860.01;

30         (c)  Any felony in the commission of which a motor

31  vehicle is used;

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  1         (d)  Driving a motor vehicle while his or her license

  2  is suspended or revoked;

  3         (e)  Failing to stop and render aid as required under

  4  the laws of this state in the event of a motor vehicle

  5  accident resulting in the death or personal injury of another;

  6  or

  7         (f)  Driving a commercial motor vehicle while his or

  8  her privilege is disqualified.

  9         (2)  Fifteen convictions for moving traffic offenses

10  for which points may be assessed as set forth in s. 322.27,

11  including those offenses in subsection (1).

12

13  Any violation of any federal law, any law of another state or

14  country, or any valid ordinance of a municipality or county of

15  another state similar to a statutory prohibition specified in

16  subsection (1) or subsection (2) shall be counted as a

17  violation of such prohibition.  In computing the number of

18  convictions, all convictions during the 5 years previous to

19  July 1, 1972, will be used, provided at least one conviction

20  occurs after that date.  The fact that previous convictions

21  may have resulted in suspension, revocation, or

22  disqualification under another section does not exempt them

23  from being used for suspension or revocation under this

24  section as a habitual offender.

25         Section 198.  Subsection (3) of section 322.27, Florida

26  Statutes, is amended to read:

27         322.27  Authority of department to suspend or revoke

28  license.--

29         (3)  There is established a point system for evaluation

30  of convictions of violations of motor vehicle laws or

31  ordinances, and violations of applicable provisions of s.

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  1  403.413(6)(b) (5)(b) when such violations involve the use of

  2  motor vehicles, for the determination of the continuing

  3  qualification of any person to operate a motor vehicle. The

  4  department is authorized to suspend the license of any person

  5  upon showing of its records or other good and sufficient

  6  evidence that the licensee has been convicted of violation of

  7  motor vehicle laws or ordinances, or applicable provisions of

  8  s. 403.413(6)(b) (5)(b), amounting to 12 or more points as

  9  determined by the point system. The suspension shall be for a

10  period of not more than 1 year.

11         (a)  When a licensee accumulates 12 points within a

12  12-month period, the period of suspension shall be for not

13  more than 30 days.

14         (b)  When a licensee accumulates 18 points, including

15  points upon which suspension action is taken under paragraph

16  (a), within an 18-month period, the suspension shall be for a

17  period of not more than 3 months.

18         (c)  When a licensee accumulates 24 points, including

19  points upon which suspension action is taken under paragraphs

20  (a) and (b), within a 36-month period, the suspension shall be

21  for a period of not more than 1 year.

22         (d)  The point system shall have as its basic element a

23  graduated scale of points assigning relative values to

24  convictions of the following violations:

25         1.  Reckless driving, willful and wanton--4 points.

26         2.  Leaving the scene of an accident resulting in

27  property damage of more than $50--6 points.

28         3.  Unlawful speed resulting in an accident--6 points.

29         4.  Passing a stopped school bus--4 points.

30         5.  Unlawful speed:

31

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  1         a.  Not in excess of 15 miles per hour of lawful or

  2  posted speed--3 points.

  3         b.  In excess of 15 miles per hour of lawful or posted

  4  speed--4 points.

  5         6.  All other moving violations (including parking on a

  6  highway outside the limits of a municipality)--3 points.

  7  However, no points shall be imposed for a violation of s.

  8  316.0741 or s. 316.2065(12).

  9         7.  Any moving violation covered above, excluding

10  unlawful speed, resulting in an accident--4 points.

11         8.  Any conviction under s. 403.413(5)(b)--3 points.

12         (e)  A conviction in another state of a violation

13  therein which, if committed in this state, would be a

14  violation of the traffic laws of this state, or a conviction

15  of an offense under any federal law substantially conforming

16  to the traffic laws of this state, except a violation of s.

17  322.26, may be recorded against a driver on the basis of the

18  same number of points received had the conviction been made in

19  a court of this state.

20         (f)  In computing the total number of points, when the

21  licensee reaches the danger zone, the department is authorized

22  to send the licensee a warning letter advising that any

23  further convictions may result in suspension of his or her

24  driving privilege.

25         (g)  The department shall administer and enforce the

26  provisions of this law and may make rules and regulations

27  necessary for its administration.

28         (h)  Three points shall be deducted from the driver

29  history record of any person whose driving privilege has been

30  suspended only once pursuant to this subsection and has been

31

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  1  reinstated, if such person has complied with all other

  2  requirements of this chapter.

  3         (i)  This subsection shall not apply to persons

  4  operating a nonmotorized vehicle for which a driver's license

  5  is not required.

  6         Section 199.  Section 322.292, Florida Statutes, is

  7  amended to read:

  8         322.292  DUI programs supervision; powers and duties of

  9  the department.--

10         (1)  The Department of Highway Safety and Motor

11  Vehicles shall license and regulate all DUI programs, which

12  regulation shall include the certification of instructors,

13  evaluators, clinical supervisors, and evaluator supervisors.

14  The department shall, after consultation with the chief judge

15  of the affected judicial circuit, establish requirements

16  regarding the number of programs to be offered within a

17  judicial circuit.  Such requirements shall address the number

18  of clients currently served in the circuit as well as

19  improvements in service that may be derived from operation of

20  an additional DUI program.  DUI education and evaluation

21  services are exempt from licensure under chapter chapters 396

22  and 397.  However, treatment programs must continue to be

23  licensed under chapter chapters 396 and 397.

24         (2)  The department shall adopt rules to implement its

25  supervisory authority over DUI programs in accordance with the

26  procedures of chapter 120, including the establishment of

27  uniform standards of operation for DUI programs and the method

28  for setting and approving fees, as follows:

29         (a)  Establish rules minimum standards for statutorily

30  required education, evaluation, and supervision of DUI

31  offenders.  Such rules minimum standards previously adopted by

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  1  the Traffic Court Review Committee of the Supreme Court of

  2  Florida shall remain in effect unless modified by the

  3  department.

  4         (b)  Establish rules minimum standards for the

  5  administration and financial management of DUI programs,

  6  including, but not limited to:

  7         1.  Rules Standards governing the types of expenditures

  8  that may be made by DUI programs from funds paid by persons

  9  attending such programs.

10         2.  Rules Standards for financial reporting that

11  require data on DUI programs expenditures in sufficient detail

12  to support reasonable and informed decisions concerning the

13  fees that are to be assessed those attending DUI programs.

14  The department shall perform financial audits of DUI programs

15  required under this section or require that financial audits

16  of the programs be performed by certified public accountants

17  at program expense and submitted directly from the auditor to

18  the department.

19         3.  Rules for Standards of reciprocity in relation to

20  DUI programs in other states or countries that have programs

21  similar to the DUI programs licensed by the department.

22         4.  Such other rules standards as the department deems

23  appropriate and necessary for the effective oversight of the

24  DUI programs.

25         (c)  Implement procedures for the granting and revoking

26  of licenses for DUI programs.

27         (d)  Establish a fee structure for the various programs

28  offered by the DUI programs, based only on the reasonable and

29  necessary costs for operating the programs throughout the

30  state. The department shall approve, modify, or reduce fees as

31  necessary. The DUI programs fees that are in effect on January

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  1  1, 1994, shall remain in effect until the department adopts a

  2  fee schedule for the DUI programs system. After the adoption

  3  of the schedule, the programs shall adjust their fees to

  4  conform with the established amounts.

  5         (e)  Establish policies and procedures for monitoring

  6  DUI programs compliance with all rules minimum standards

  7  established by the department.

  8         (f)  The department shall oversee an ongoing evaluation

  9  to assess the effectiveness of the DUI programs.  This

10  evaluation shall be performed by an independent group and

11  shall evaluate the curriculum, client treatment referrals,

12  recidivism rates, and any other relevant matters.  The

13  department shall report to the Legislature by January 1, 1995,

14  on the status of the evaluation, including its design and

15  schedule for completion. The department may use funds received

16  under s. 322.293 to retain the services and reimburse expenses

17  of such private persons or professional consultants as are

18  required for monitoring and evaluating DUI programs.

19         (g)  Investigate complaints about the DUI programs and

20  resolve problems in the provision of services to DUI

21  offenders, as needed.

22         (3)  All DUI programs and certified program personnel

23  providing DUI programs services that meet the department's

24  standards and that are operating on January 1, 1994, may

25  remain in operation until the department's license procedures

26  are in place. At that time the DUI programs and certified

27  program personnel may apply for relicensure.

28         (4)  DUI programs shall be either governmental programs

29  or not-for-profit corporations.

30         (5)  The department shall report to the Supreme Court

31  by December 1, 1994, and by December 31 of each succeeding

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  1  year through 1996, on the general status of the statewide

  2  program. This report must include programmatic and statistical

  3  information regarding the number of licensed programs,

  4  enrollment and referral figures, program monitoring and

  5  evaluation activities, and findings, and the general steps

  6  taken by the department to implement the provisions of this

  7  section.

  8         Section 200.  Section 322.293, Florida Statutes, is

  9  amended to read:

10         322.293  DUI Programs Coordination Trust Fund;

11  assessment; disposition.--

12         (1)  The DUI Programs Coordination Trust Fund, created

13  pursuant to chapter 81-208, Laws of Florida, shall be

14  transferred to the department with all funds therein on

15  January 1, 1994.  The DUI Programs Coordination Office shall

16  be transferred from the budget of the Supreme Court to the

17  Department of Highway Safety and Motor Vehicles Division of

18  Driver Licenses.  The transfer shall include all of the

19  statutory powers, duties and functions, records, personnel,

20  property, and unexpended balances of appropriations,

21  allocations, and other funds.  All personnel shall be

22  transferred at their current classifications and levels of

23  compensation.  Any legal commitments, contracts, and other

24  obligations heretofore entered into on behalf of or assumed by

25  the DUI Programs Coordination Office in connection with the

26  performance of its functions and duties are charged to and

27  shall be performed by the department.

28         (2)  The DUI Programs Coordination Trust Fund shall be

29  administered by the department, and the costs of

30  administration shall be borne by the fund.  All funds received

31  by the DUI Programs Coordination Trust Fund shall be used

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  1  solely for the purposes set forth in this section and s.

  2  322.292.  However, if the Legislature passes legislation

  3  consolidating existing trust funds assigned to the department,

  4  all funds remaining in and deposited to the DUI Programs

  5  Coordination Trust Fund shall be transferred to the

  6  consolidated trust funds, subject to their being earmarked for

  7  use solely for the purposes set forth in this section and s.

  8  322.292.

  9         (2)(3)  Each DUI program shall assess $12 against each

10  person enrolling in a DUI program at the time of enrollment,

11  including persons who transfer to or from a program in another

12  state.  In addition, second and third offenders and those

13  offenders under permanent driver's-license revocation who are

14  evaluated for eligibility for license restrictions under s.

15  322.271(2)(b) and (4) shall be assessed $12 upon enrollment in

16  the program and upon each subsequent anniversary date while

17  they are in the program, for the duration of the license

18  period.

19         (3)(4)  All assessments collected under this section

20  shall be forwarded to the DUI Programs Coordination Trust Fund

21  within 30 days after the last day of the month in which the

22  assessment was received.

23         Section 201.  Paragraph (b) of subsection (1) of

24  section 322.57, Florida Statutes, is amended to read:

25         322.57  Tests of knowledge concerning specified

26  vehicles; endorsement; nonresidents; violations.--

27         (1)  In addition to fulfilling any other driver's

28  licensing requirements of this chapter, a person who:

29         (b)  Drives a passenger vehicle must successfully

30  complete a test of his or her knowledge concerning the safe

31  operation of such vehicles and a test of his or her driving

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  1  skill in such a vehicle. However, if such a person satisfies

  2  the requirements of s. 322.55(1)-(3), he or she is exempt from

  3  the test of his or her driving skills.

  4         Section 202.  Subsection (1) of section 324.202,

  5  Florida Statutes, is amended to read:

  6         324.202  Seizure of motor vehicle license plates by

  7  recovery agents.--

  8         (1)  The Department of Highway Safety and Motor

  9  Vehicles shall implement a pilot project in Broward County,

10  Dade County, and Hillsborough County to determine the

11  effectiveness of using recovery agents for the seizure of

12  license plates.  On October 1, 1996, the department shall

13  provide a report to the President of the Senate, the Speaker

14  of the House of Representatives, the chair of the Senate

15  Commerce Committee, the chair of the House Insurance

16  Committee, and the Majority and Minority Leaders of the Senate

17  and the House of Representatives, on the results of the pilot

18  project. Licensed recovery agents and recovery agencies as

19  described in s. 493.6101(20) and (21) may seize license plates

20  of motor vehicles whose registrations have been suspended

21  pursuant to s. 316.646 or s. 627.733 in such counties upon

22  compliance with this section and rules of the Department of

23  Highway Safety and Motor Vehicles.

24         Section 203.  Sections 325.01, 325.02, 325.03, 325.04,

25  325.05, 325.06, 325.07, 325.08, 325.09, and 325.10, Florida

26  Statutes, are repealed.

27         Section 204.  Paragraph (c) of subsection (2) of

28  section 325.209, Florida Statutes, is amended to read:

29         325.209  Waivers.--

30         (2)  Before a waiver may be issued, the following

31  criteria must be met:

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  1         (c)  The owner must have spent the required minimum

  2  amount for emissions-related repairs on the vehicle within the

  3  180-day 90-day period prescribed in s. 325.203(1), not

  4  including the amount spent to repair or replace air pollution

  5  control equipment that has been tampered with.

  6  Emissions-related repairs performed within 30 days prior to

  7  inspection may also be considered under this provision. For

  8  any vehicle the registration period for which is established

  9  under s. 320.055(4) or (5), the required minimum amount for

10  emissions-related repairs must be spent by the owner within

11  180 90 days before the expiration of the registration period.

12  The required minimum amount that must have been spent on

13  related repairs is:

14         1.  For motor vehicles designated as model years 1975

15  through 1979: $100; and

16         2.  For motor vehicles designated as model year 1980

17  and thereafter: $200;

18         Section 205.  Subsection (2) of section 325.212,

19  Florida Statutes, is reenacted to read:

20         325.212  Reinspections; reinspection facilities; rules;

21  minority business participation.--

22         (2)  Any motor vehicle repair shop, as defined in s.

23  559.903(7), may apply to the department, on a form approved by

24  the department, to be licensed as a reinspection facility to

25  reinspect motor vehicles which fail to pass inspections

26  required by this act.

27         Section 206.  Paragraph (c) of subsection (12) of

28  section 327.25, Florida Statutes, is amended to read:

29         327.25  Classification; registration; fees and charges;

30  surcharge; disposition of fees; fines; marine turtle

31  stickers.--

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  1         (12)  REGISTRATION.--

  2         (c)  Effective July 1, 1996, The following registration

  3  periods and renewal periods are established:

  4         1.  For vessels owned by individuals, the registration

  5  period begins the first day of the birth month of the owner

  6  and ends the last day of the month immediately preceding the

  7  owner's birth month in the succeeding year. If the vessel is

  8  registered in the name of more than one person, the birth

  9  month of the person whose name first appears on the

10  registration shall be used to determine the registration

11  period. For a vessel subject to this registration period, the

12  renewal period is the 30-day period ending at midnight on the

13  vessel owner's date of birth.

14         2.  For vessels owned by companies, corporations,

15  governmental entities, those entities listed under subsection

16  (15) (11), and registrations issued to dealers and

17  manufacturers, the registration period begins July 1 and ends

18  June 30.  The renewal period is the 30-day period beginning

19  June 1.

20         Section 207.  Subsection (1) of section 328.17, Florida

21  Statutes, is reenacted to read:

22         328.17  Nonjudicial sale of vessels.--

23         (1)  It is the intent of the Legislature that any

24  nonjudicial sale of any unclaimed vessel held for unpaid costs

25  of repairs, improvements, or other work and related storage

26  charges, or any vessel held for failure to pay removal costs

27  pursuant to s. 327.53(7), or any undocumented vessel in

28  default of marina storage fees be disposed of pursuant to the

29  provisions of this section.

30         Section 208.  Section 627.7415, Florida Statutes, is

31  amended to read:

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  1         627.7415  Commercial motor vehicles; additional

  2  liability insurance coverage.--Commercial motor vehicles, as

  3  defined in s. 207.002(2) or s. 320.01, operated upon the roads

  4  and highways of this state shall be insured with the following

  5  minimum levels of combined bodily liability insurance and

  6  property damage liability insurance in addition to any other

  7  insurance requirements:

  8         (1)  Fifty thousand dollars per occurrence for a

  9  commercial motor vehicle with a gross vehicle weight of 26,000

10  pounds or more, but less than 35,000 pounds.

11         (2)  One hundred thousand dollars per occurrence for a

12  commercial motor vehicle with a gross vehicle weight of 35,000

13  pounds or more, but less than 44,000 pounds.

14         (3)  Three hundred thousand dollars per occurrence for

15  a commercial motor vehicle with a gross vehicle weight of

16  44,000 pounds or more.

17         (4)  All commercial motor vehicles subject to

18  regulations of the United States Department of Transportation,

19  Title 49 C.F.R. part 387, subpart A, and as may be hereinafter

20  amended, shall be insured in an amount equivalent to the

21  minimum levels of financial responsibility as set forth in

22  such regulations.

23

24  A violation of this section is a noncriminal traffic

25  infraction, punishable as a nonmoving violation as provided in

26  chapter 318..

27         Section 209.  Subsection (3) is added to section

28  627.742, Florida Statutes, to read:

29         627.742  Nonpublic sector buses; additional liability

30  insurance coverage.--

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 4197

    198-289A-98






  1         (3)  A violation of this section is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 210.  This act shall take effect upon becoming

  5  a law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Revises, reenacts, and amends various provisions of the
10    Florida Statutes relating to highway safety and motor
      vehicles to delete obsolete language, to provide a
11    uniform reference to noncriminal traffic infractions
      punishable under chapter 318, F.S., and to make technical
12    changes to the state statutes governing highway safety
      and motor vehicles and vessels. See bill for details.
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