Senate Bill 1306

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1306

    By Senator Webster





    12-1089-99                                              See HB

  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.; revising terminology

  6         and deleting obsolete provisions; amending s.

  7         316.061, F.S.; providing second degree

  8         misdemeanor penalty for certain violations with

  9         respect to leaving the scene of an accident;

10         revising terminology; amending ss. 316.027,

11         316.062, 316.063, 316.064, 316.065, 316.066,

12         316.068, 316.069, 316.070, 316.072, 316.640,

13         316.645, 318.1451, 318.17, 318.19, 318.32,

14         321.051, 321.23, 322.201, 322.221, 322.26,

15         322.291, 322.44, 322.61, 322.63, 324.011,

16         324.021, 324.022, 324.051, 324.061, 324.081,

17         324.091, 324.101, F.S.; changing the term

18         "accident" to "crash"; amending s. 316.067,

19         F.S.; providing a second degree misdemeanor

20         penalty for certain false reports; amending ss.

21         316.0745, 316.0747, 316.1895, 316.193,

22         316.2065, F.S.; deleting obsolete provisions;

23         amending s. 316.1935, F.S.; providing a first

24         degree misdemeanor penalty for certain

25         violations with respect to fleeing or

26         attempting to elude a law enforcement officer;

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

28         findings of the Legislature with respect to

29         all-terrain vehicles; amending ss. 316.3027,

30         316.70, F.S.; providing reference to the United

31         States Department of Transportation; amending

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2         amending ss. 316.613, 316.6135, F.S.;

  3         correcting reference to the Department of

  4         Children and Family Services; revising various

  5         provisions in chapter 316, F.S., to conform

  6         cross-references, delete obsolete provisions,

  7         and to provide uniform references to penalties

  8         for moving and nonmoving noncriminal traffic

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

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

11         amending ss. 318.13, 318.14, F.S.; conforming

12         cross-references; amending ss. 318.18, 318.21,

13         F.S.; revising provisions relating to civil

14         penalties; repealing s. 318.39, F.S., relating

15         to the Highway Safety Operating Trust Fund;

16         amending s. 319.28, F.S.; revising provisions

17         relating to repossession; amending s. 319.33,

18         F.S.; conforming cross-references; amending ss.

19         320.02 and 320.03, F.S.; deleting obsolete

20         provisions; amending s. 320.031, F.S.; revising

21         provisions relating to the mailing of

22         registration certificates, license plates, and

23         validation stickers; amending s. 320.055, F.S.;

24         conforming cross-references; amending ss.

25         320.06, 320.061, F.S.; deleting obsolete

26         provisions; amending ss. 320.0605, 320.07,

27         F.S.; providing uniform reference to

28         noncriminal traffic infractions; repealing s.

29         320.073, F.S., relating to refund of impact

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

31         reference to the Department of Management

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2         provisions relating to Manatee license plates

  3         and Florida Special Olympics license plates;

  4         amending s. 320.0848, F.S.; conforming a

  5         cross-reference with respect to disabled

  6         parking permits; amending s. 320.087, F.S.;

  7         providing reference to the United States

  8         Department of Transportation; amending s.

  9         320.1325, F.S.; deleting a cross-reference;

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

11         provisions; amending s. 320.8255, F.S.;

12         providing reference to labels rather than seals

13         with respect to certain mobile home

14         inspections; repealing s. 320.8256, F.S.,

15         relating to recreational vehicle inspection;

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

17         321.17, 321.18, 321.19, 321.191, 321.20,

18         321.201, 321.202, 321.203, 321.21, 321.22,

19         321.2205, 321.221, 321.222, 321.223, F.S.,

20         relating to the Florida Highway Patrol and the

21         pension system therefor; amending s. 322.055,

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

23         Health; amending s. 322.0261, F.S.; revising

24         terminology to change the term "accident" to

25         "crash"; amending s. 322.08, F.S.; deleting

26         obsolete provisions; amending ss. 322.12,

27         322.121, F.S.; conforming cross-references;

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

29         provisions; amending s. 322.15, F.S.; providing

30         reference to noncriminal traffic infractions;

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         to the Department of Health; reenacting and

  2         amending s. 322.264, F.S., relating to habitual

  3         traffic offenders; revising terminology;

  4         amending s. 322.27, F.S.; conforming

  5         cross-references; amending s. 322.292, F.S.;

  6         revising provisions relating to DUI programs

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

  8         deleting obsolete provisions; amending s.

  9         322.57, F.S.; revising provisions relating to

10         driving tests; amending s. 324.202, F.S.;

11         deleting obsolete provisions; repealing ss.

12         325.01, 325.02, 325.03, 325.04, 325.05, 325.06,

13         325.07, 325.08, 325.09, 325.10, F.S., relating

14         to vehicle safety equipment and inspections;

15         amending s. 325.209, F.S.; revising provisions

16         relating to waivers; reenacting s. 325.212(2),

17         F.S., relating to reinspections; reenacting s.

18         328.17(1), F.S., relating to nonjudicial sale

19         of vessels; amending s. 627.7415, F.S.,

20         relating to commercial motor vehicles, to

21         include reference to noncriminal traffic

22         infractions; amending s. 627.742, F.S.;

23         providing reference to noncriminal traffic

24         infractions with respect to certain violations

25         with respect to nonpublic sector buses;

26         amending s. 784.07, F.S.; conforming a

27         cross-reference; providing an effective date.

28

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

30

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2  Statutes, 1998 Supplement, is reenacted to read:

  3         316.003  Definitions.--The following words and phrases,

  4  when used in this chapter, shall have the meanings

  5  respectively ascribed to them in this section, except where

  6  the context otherwise requires:

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

  8  which has been determined by the secretary of the United

  9  States Department of Transportation to be capable of imposing

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

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

12         Section 2.  Paragraph (k) of subsection (1) and

13  subsection (6) of section 316.008, Florida Statutes, are

14  amended to read:

15         316.008  Powers of local authorities.--

16         (1)  The provisions of this chapter shall not be deemed

17  to prevent local authorities, with respect to streets and

18  highways under their jurisdiction and within the reasonable

19  exercise of the police power, from:

20         (k)  Requiring written crash accident reports.

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

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

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

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

25  include:

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

27  enroll their vehicles.

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

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

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

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

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2  provides authorization for a law enforcement officer to stop

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

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

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

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

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

  8  responsible for removing the decal when terminating

  9  participation in the program, or when selling or otherwise

10  transferring ownership of the vehicle.  No civil liabilities

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

12  stopping a vehicle with a yellow decal evidencing enrollment

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

14  provided that the stop is made in accordance with the

15  requirements of the "combat automobile theft" program.

16         Section 3.  Section 316.027, Florida Statutes, is

17  amended to read:

18         316.027  Crash Accidents involving death or personal

19  injuries.--

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

21  an accident resulting in injury of any person must immediately

22  stop the vehicle at the scene of the crash accident, or as

23  close thereto as possible, and must remain at the scene of the

24  crash accident until he or she has fulfilled the requirements

25  of s. 316.062. Any person who willfully violates this

26  paragraph is 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         (b)  The driver of any vehicle involved in a crash an

30  accident resulting in the death of any person must immediately

31  stop the vehicle at the scene of the crash accident, or as

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  close thereto as possible, and must remain at the scene of the

  2  crash accident until he or she has fulfilled the requirements

  3  of s. 316.062.  Any person who willfully violates this

  4  paragraph is guilty of a felony of the second degree,

  5  punishable as provided in s. 775.082, s. 775.083, or s.

  6  775.084.

  7         (2)  The department shall revoke the driver's license

  8  of the person so convicted.

  9         (3)  Every stop must be made without obstructing

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

11  obstructing traffic, the driver of the vehicle must make every

12  reasonable effort to move the vehicle or have it moved so as

13  not to obstruct the regular flow of traffic.  Any person who

14  fails to comply with this subsection shall be cited for a

15  nonmoving violation, punishable as provided in chapter 318.

16         (4)  A person whose commission of a noncriminal traffic

17  infraction or any violation of this chapter or s. 240.265

18  causes or results in the death of another person may, in

19  addition to any other civil, criminal, or administrative

20  penalty imposed, be required by the court to serve 120

21  community service hours in a trauma center or hospital that

22  regularly receives victims of vehicle accidents, under the

23  supervision of a registered nurse, an emergency room

24  physician, or an emergency medical technician pursuant to a

25  voluntary community service program operated by the trauma

26  center or hospital.

27         Section 4.  Section 316.061, Florida Statutes, is

28  amended to read:

29         316.061  Crashes Accidents involving damage to vehicle

30  or property.--

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 5.  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,

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 6.  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

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 7.  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 8.  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

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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.

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 9.  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.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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.

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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.

31

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 10.  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 11.  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.

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 12.  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 13.  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

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 14.  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 15.  Subsection (6) is added to section

31  316.074, Florida Statutes, to read:

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 16.  Subsections (2) and (3) of section

  7  316.0745, Florida Statutes, are 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

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2  time such signals must comply with the uniform system.

  3         Section 17.  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.

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 18.  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.

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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,

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 19.  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

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 20.  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 21.  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 22.  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.

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 23.  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 24.  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 25.  Subsection (4) is added to section

29  316.081, Florida Statutes, to read:

30         316.081  Driving on right side of roadway;

31  exceptions.--

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 26.  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 27.  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 28.  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 29.  Subsection (3) is added to section

30  316.084, Florida Statutes, to read:

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

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 30.  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 31.  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 32.  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 33.  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 34.  Subsection (5) is added to section

31  316.089, Florida Statutes, to read:

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 35.  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 36.  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 37.  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 38.  Subsection (6) is added to section

28  316.121, Florida Statutes, to read:

29         316.121  Vehicles approaching or entering

30  intersections.--

31

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 39.  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 40.  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 41.  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.

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 42.  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 43.  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 44.  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 45.  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.

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 46.  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 47.  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 48.  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 49.  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

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 50.  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 51.  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 52.  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

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 53.  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 54.  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 55.  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 56.  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.

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 57.  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 58.  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 59.  Subsection (5) is added to section

31  316.191, Florida Statutes, to read:

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 60.  Paragraph (c) of subsection (3) and

  7  subsection (5) of section 316.193, Florida Statutes, 1998

  8  Supplement, are amended to read:

  9         316.193  Driving under the influence; penalties.--

10         (3)  Any person:

11         (c)  Who, by reason of such operation, causes:

12         1.  Damage to the property or person of another commits

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

14  s. 775.082 or s. 775.083.

15         2.  Serious bodily injury to another, as defined in s.

16  316.1933, commits a felony of the third degree, punishable as

17  provided in s. 775.082, s. 775.083, or s. 775.084.

18         3.  The death of any human being commits DUI

19  manslaughter, and commits:

20         a.  A felony of the second degree, punishable as

21  provided in s. 775.082, s. 775.083, or s. 775.084.

22         b.  A felony of the first degree, punishable as

23  provided in s. 775.082, s. 775.083, or s. 775.084, if:

24         (I)  At the time of the crash accident, the person

25  knew, or should have known, that the crash accident occurred;

26  and

27         (II)  The person failed to give information and render

28  aid as required by s. 316.062.

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

30  violating this section on monthly reporting probation and

31  shall require attendance at a substance abuse course licensed

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2  refer the offender to an authorized service provider for

  3  substance abuse evaluation and treatment, in addition to any

  4  sentence or fine imposed under this section.  The offender

  5  shall assume reasonable costs for such education, evaluation,

  6  and treatment, with completion of all such education,

  7  evaluation, and treatment being a condition of reporting

  8  probation. Treatment resulting from a psychosocial evaluation

  9  may not be waived without a supporting psychosocial evaluation

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

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

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

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

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

15  under this subsection fails to report for or complete such

16  treatment or fails to complete the substance abuse education

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

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

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

20  department shall reinstate the driving privilege when the

21  offender completes the substance abuse education course or

22  enters treatment required under this subsection.  The

23  organization that conducts the substance abuse education and

24  evaluation may not provide required substance abuse treatment

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

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

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

28  provider that conducts the substance abuse education and

29  evaluation is the most appropriate service provider and is

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

31  All DUI treatment programs providing treatment services on

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




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

  2  services until the department determines whether a waiver

  3  should be granted. A statistical referral report shall be

  4  submitted quarterly to the department by each organization

  5  authorized to provide services under this section.

  6         Section 61.  Subsections (1) and (4) of section

  7  316.1935, Florida Statutes, 1998 Supplement, are amended to

  8  read:

  9         316.1935  Fleeing or attempting to elude a law

10  enforcement officer; aggravated fleeing and eluding.--

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

12  having knowledge that he or she has been ordered to stop such

13  vehicle by a duly authorized law enforcement officer,

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

15  with such order or, having stopped in knowing compliance with

16  such order, willfully to flee in an attempt to elude the

17  officer, and a person who violates this subsection commits a

18  misdemeanor of the first degree, punishable as provided in s.

19  775.082 or s. 775.083 shall, upon conviction, be punished by

20  imprisonment in the county jail for a period not to exceed 1

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

22  and imprisonment.

23         (4)  Any person who, in the course of unlawfully

24  leaving or attempting to leave the scene of a crash an

25  accident in violation of s. 316.027 or s. 316.061, having

26  knowledge of an order to stop by a duly authorized law

27  enforcement officer:

28         (a)  Willfully refuses or fails to stop in compliance

29  with such an order, or having stopped in knowing compliance

30  with such order, willfully flees in an attempt to elude such

31  officer; and

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (b)  As a result of such fleeing or eluding, causes

  2  injury to another person or causes damage to any property

  3  belonging to another person

  4

  5  commits aggravated fleeing or eluding, a felony of the second

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

  7  s. 775.084. The felony of aggravated fleeing or eluding

  8  constitutes a separate offense for which a person may be

  9  charged, in addition to the offense of unlawfully leaving the

10  scene of a crash an accident which the person had been in the

11  course of committing or attempting to commit when the order to

12  stop was given.

13         Section 62.  Subsection (8) is added to section

14  316.1937, Florida Statutes, to read:

15         316.1937  Ignition interlock devices, requiring;

16  unlawful acts.--

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

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

19  infraction, punishable as a nonmoving violation as provided in

20  chapter 318.

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

22  316.194, Florida Statutes, to read:

23         316.194  Stopping, standing or parking outside of

24  municipalities.--

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

26  traffic infraction, punishable as a moving violation as

27  provided in chapter 318.

28         Section 64.  Paragraph (a) of subsection (1) of section

29  316.1945, Florida Statutes, is amended, and subsection (4) is

30  added to that section, to read:

31

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.1945  Stopping, standing, or parking prohibited in

  2  specified places.--

  3         (1)  Except when necessary to avoid conflict with other

  4  traffic, or in compliance with law or the directions of a

  5  police officer or official traffic control device, no person

  6  shall:

  7         (a)  Stop, stand, or park a vehicle:

  8         1.  On the roadway side of any vehicle stopped or

  9  parked at the edge or curb of a street.

10         2.  On a sidewalk.

11         3.  Within an intersection.

12         4.  On a crosswalk.

13         5.  Between a safety zone and the adjacent curb or

14  within 30 feet of points on the curb immediately opposite the

15  ends of a safety zone, unless the Department of Transportation

16  indicates a different length by signs or markings.

17         6.  Alongside or opposite any street excavation or

18  obstruction when stopping, standing, or parking would obstruct

19  traffic.

20         7.  Upon any bridge or other elevated structure upon a

21  highway or within a highway tunnel.

22         8.  On any railroad tracks.

23         9.  On a bicycle path.

24         10.  At any place where official traffic control

25  devices prohibit stopping.

26         11.  On the roadway or shoulder of a limited access

27  facility, except as provided by regulation of the Department

28  of Transportation, or on the paved portion of a connecting

29  ramp; except that a vehicle which is disabled or in a

30  condition improper to be driven as a result of mechanical

31  failure or crash accident may be parked on such shoulder for a

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  period not to exceed 6 hours.  This provision is not

  2  applicable to a person stopping a vehicle to render aid to an

  3  injured person or assistance to a disabled vehicle in

  4  obedience to the directions of a law enforcement officer or to

  5  a person stopping a vehicle in compliance with applicable

  6  traffic laws.

  7         12.  For the purpose of loading or unloading a

  8  passenger on the paved roadway or shoulder of a limited access

  9  facility or on the paved portion of any connecting ramp.  This

10  provision is not applicable to a person stopping a vehicle to

11  render aid to an injured person or assistance to a disabled

12  vehicle.

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 65.  Subsection (4) is added to section

17  316.195, Florida Statutes, to read:

18         316.195  Additional parking regulations.--

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 66.  Subsection (7) is added to section

23  316.1951, Florida Statutes, to read:

24         316.1951  Parking for certain purposes prohibited.--

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

26  traffic infraction, punishable as a nonmoving violation as

27  provided in chapter 318.

28         Section 67.  Paragraph (a) of subsection (10) of

29  section 316.1955, Florida Statutes, 1998 Supplement, is

30  amended to read:

31

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.1955  Parking spaces for persons who have

  2  disabilities.--

  3         (10)(a)  A vehicle that is transporting a person who

  4  has a disability and that has been granted a permit under s.

  5  320.0848(1)(a)(d) may be parked for a maximum of 30 minutes in

  6  any parking space reserved for persons who have disabilities.

  7         Section 68.  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 69.  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

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 70.  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 71.  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 72.  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 73.  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

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  noncriminal traffic infraction, punishable as a nonmoving

  2  violation as provided in chapter 318.

  3         Section 74.  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 75.  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 76.  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 77.  Section 316.2034, Florida Statutes, is

31  amended to read:

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 78.  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 79.  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 80.  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

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  traffic infraction, punishable as a moving violation as

  2  provided in chapter 318.

  3         Section 81.  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 82.  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

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 83.  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.

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 a crash an accident results in the death of

13  any 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 crash accident shall give

16  notice of the crash 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 84.  Subsection (5) is added to section

29  316.208, Florida Statutes, to read:

30         316.208  Motorcycles and mopeds.--

31

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 85.  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 86.  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 87.  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 88.  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 89.  Subsection (6) is added to section

30  316.212, Florida Statutes, to read:

31

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 90.  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 91.  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 92.  Subsection (4) is added to section

29  316.217, Florida Statutes, to read:

30         316.217  When lighted lamps are required.--

31

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 93.  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 94.  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 95.  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 96.  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.

31

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 97.  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 98.  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 99.  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 100.  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

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 101.  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 102.  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 103.  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

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 104.  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 105.  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 106.  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.

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 107.  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 108.  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

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 109.  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 110.  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

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 111.  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 112.  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 113.  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.

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 114.  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 115.  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 116.  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 117.  Subsection (3) of section 316.251,

31  Florida Statutes, is amended to read:

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 118.  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 119.  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 120.  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

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 121.  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 122.  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 123.  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

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 124.  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 125.  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 126.  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 127.  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

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 128.  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.

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 129.  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 130.  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 131.  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

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 132.  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 133.  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

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 134.  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 135.  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 136.  Paragraph (c) of subsection (1) of

27  section 316.302, Florida Statutes, 1998 Supplement, is

28  reenacted, and paragraph (f) of subsection (2) of that section

29  is amended, to read:

30

31

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.302  Commercial motor vehicles; safety regulations;

  2  transporters and shippers of hazardous materials;

  3  enforcement.--

  4         (1)

  5         (c)  Except as provided in s. 316.215(5), and except as

  6  provided in s. 316.228 for rear overhang lighting and flagging

  7  requirements for intrastate operations, the requirements of

  8  this section supersede all other safety requirements of this

  9  chapter for commercial motor vehicles.

10         (2)

11         (f)  A person who operates a commercial motor vehicle

12  having a declared gross vehicle weight of less than 26,000

13  pounds solely in intrastate commerce and who is not

14  transporting hazardous materials, or who is transporting

15  petroleum products as defined in s. 376.301(31)(29), is exempt

16  from subsection (1). However, such person must comply with 49

17  C.F.R. parts 382, 392, 393, and 49 C.F.R. s. 396.9.

18         Section 137.  Paragraph (c) of subsection (3) of

19  section 316.3025, Florida Statutes, is amended to read:

20         316.3025  Penalties.--

21         (3)

22         (c)  A civil penalty of $250 may be assessed for:

23         1.  A violation of the placarding requirements of 49

24  C.F.R. parts 171-179;

25         2.  A violation of the shipping paper requirements of

26  49 C.F.R. parts 171-179;

27         3.  A violation of 49 C.F.R. s. 392.10;

28         4.  A violation of 49 C.F.R. s. 397.5 395.5;

29         5.  A violation of 49 C.F.R. s. 397.7;

30         6.  A violation of 49 C.F.R. s. 397.13; or

31         7.  A violation of 49 C.F.R. s. 397.15.

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 138.  Subsection (5) of section 316.3027,

  2  Florida Statutes, is amended to read:

  3         316.3027  Identification required on commercial motor

  4  vehicles.--

  5         (5)  Any vehicle which meets the vehicle identification

  6  requirements of the United States Department of Transportation

  7  Interstate Commerce Commission regulations shall be considered

  8  in compliance with this section.

  9         Section 139.  Subsection (4) is added to section

10  316.303, Florida Statutes, to read:

11         316.303  Television receivers.--

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

13  traffic infraction, punishable as a nonmoving violation as

14  provided in chapter 318.

15         Section 140.  Subsection (4) is added to section

16  316.304, Florida Statutes, to read:

17         316.304  Wearing of headsets.--

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

19  traffic infraction, punishable as a nonmoving violation as

20  provided in chapter 318.

21         Section 141.  Subsection (5) is added to section

22  316.3045, Florida Statutes, to read:

23         316.3045  Operation of radios or other mechanical

24  soundmaking devices or instruments in vehicles; exemptions.--

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

26  traffic infraction, punishable as a nonmoving violation as

27  provided in chapter 318.

28         Section 142.  Subsection (3) is added to section

29  316.400, Florida Statutes, to read:

30         316.400  Headlamps.--

31

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 143.  Subsection (2) of section 316.405,

  5  Florida Statutes, is amended, and subsection (3) is added to

  6  that section, to read:

  7         316.405  Motorcycle headlights to be turned on.--

  8         (2)  Failure to comply with the provisions of this

  9  section shall not be deemed negligence per se in any civil

10  action, but the violation of this section may be considered on

11  the issue of negligence if the violation of this section is a

12  proximate cause of a crash an accident.

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

14  traffic infraction, punishable as a moving violation as

15  provided in chapter 318.

16         Section 144.  Subsection (3) is added to section

17  316.410, Florida Statutes, to read:

18         316.410  Taillamps.--

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 145.  Section 316.415, Florida Statutes, is

23  amended to read:

24         316.415  Reflectors.--Every motorcycle and motor-driven

25  cycle shall carry on the rear, either as part of the taillamp

26  or separately, at least one red reflector. A violation of this

27  section is a noncriminal traffic infraction, punishable as a

28  nonmoving violation as provided in chapter 318.

29         Section 146.  Section 316.420, Florida Statutes, is

30  amended to read:

31

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.420  Stop lamps.--Every motorcycle and motor-driven

  2  cycle shall be equipped with at least one stop lamp meeting

  3  the requirements of s. 316.234(1). A violation of this section

  4  is a noncriminal traffic infraction, punishable as a nonmoving

  5  violation as provided in chapter 318.

  6         Section 147.  Subsection (3) is added to section

  7  316.425, Florida Statutes, to read:

  8         316.425  Lamps on parked motorcycles.--

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

10  traffic infraction, punishable as a nonmoving violation as

11  provided in chapter 318.

12         Section 148.  Subsection (3) is added to section

13  316.430, Florida Statutes, to read:

14         316.430  Multiple-beam road-lighting equipment.--

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

16  traffic infraction, punishable as a nonmoving violation as

17  provided in chapter 318.

18         Section 149.  Section 316.435, Florida Statutes, is

19  amended to read:

20         316.435  Lighting equipment for motor-driven

21  cycles.--The headlamp or headlamps upon every motor-driven

22  cycle may be of the single-beam or multiple-beam type, but in

23  either event shall comply with the requirements and

24  limitations as follows:

25         (1)  Every such headlamp or headlamps on a motor-driven

26  cycle shall be of sufficient intensity to reveal persons and

27  vehicles at a distance of not less than 100 feet when the

28  motor-driven cycle is operated at any speed less than 25 miles

29  per hour; at a distance of not less than 200 feet when the

30  motor-driven cycle is operated at a speed of 25 or more miles

31  per hour; and at a distance of not less than 300 feet when the

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  motor-driven cycle is operated at a speed of 35 or more miles

  2  per hour.

  3         (2)  In the event the motor-driven cycle is equipped

  4  with a multiple-beam headlamp or headlamps, such equipment

  5  shall comply with the requirements of s. 316.430(2).

  6

  7  A violation of this section is a noncriminal traffic

  8  infraction, punishable as a nonmoving violation as provided in

  9  chapter 318.

10         Section 150.  Section 316.440, Florida Statutes, is

11  amended to read:

12         316.440  Brake equipment required.--Every motor-driven

13  cycle must comply with the provisions of s. 316.261, except

14  that:

15         (1)  Motorcycles and motor-driven cycles need not be

16  equipped with parking brakes.

17         (2)  The wheel of a sidecar attached to a motorcycle or

18  to a motor-driven cycle, and the front wheel of a motor-driven

19  cycle, need not be equipped with brakes, provided that such

20  motorcycle or motor-driven cycle is capable of complying with

21  the performance requirements of this chapter.

22

23  A violation of this section is a noncriminal traffic

24  infraction, punishable as a nonmoving violation as provided in

25  chapter 318.

26         Section 151.  Subsection (3) is added to section

27  316.445, Florida Statutes, to read:

28         316.445  Performance ability of motorcycle brakes.--

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

30  traffic infraction, punishable as a nonmoving violation as

31  provided in chapter 318.

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 152.  Subsection (4) is added to section

  2  316.450, Florida Statutes, to read:

  3         316.450  Brakes on motor-driven cycles.--

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

  5  traffic infraction, punishable as a nonmoving violation as

  6  provided in chapter 318.

  7         Section 153.  Section 316.455, Florida Statutes, is

  8  amended to read:

  9         316.455  Other equipment.--Every motorcycle and every

10  motor-driven cycle when operated upon a highway shall comply

11  with the requirements and limitations of:

12         (1)  Section 316.271(1) and (2) on the requirement for

13  horns and warning devices.

14         (2)  Section 316.271(3) on the requirement for the use

15  of horns.

16         (3)  Section 316.271(4) on the requirement for sirens,

17  whistles, and bells.

18         (4)  Section 316.271(5) on the requirement for theft

19  alarms.

20         (5)  Section 316.271(6) on the requirement for

21  emergency vehicles.

22         (6)  Section 316.272 on the requirement for mufflers

23  and prevention of noise.

24         (7)  Section 316.294 on the requirement for mirrors.

25

26  A violation of this section is a noncriminal traffic

27  infraction, punishable as a nonmoving violation as provided in

28  chapter 318.

29         Section 154.  Section 316.46, Florida Statutes, is

30  amended to read:

31

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.46  Equipment regulations for mopeds.--No person

  2  may operate a moped that does not conform to all applicable

  3  federal motor vehicle safety standards relating to lights and

  4  safety and other equipment contained in Title 49, Code of

  5  Federal Regulations. A violation of this section is a

  6  noncriminal traffic infraction, punishable as a nonmoving

  7  violation as provided in chapter 318.

  8         Section 155.  Section 316.510, Florida Statutes, is

  9  amended to read:

10         316.510  Projecting loads on passenger vehicles.--No

11  passenger type vehicle shall be operated on any highway with

12  any load carried thereon extending beyond the fenders on the

13  left side of the vehicle or extending more than 6 inches

14  beyond the line of the fenders on the right side thereof. A

15  violation of this section is a noncriminal traffic infraction,

16  punishable as a nonmoving violation as provided in chapter

17  318.

18         Section 156.  Subsection (3) is added to section

19  316.520, Florida Statutes, to read:

20         316.520  Loads on vehicles.--

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 157.  Subsection (3) is added to section

25  316.525, Florida Statutes, to read:

26         316.525  Requirements for vehicles hauling loads.--

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

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318.

30         Section 158.  Subsection (4) is added to section

31  316.530, Florida Statutes, to read:

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.530  Towing requirements.--

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

  3  traffic infraction, punishable as a moving violation as

  4  provided in chapter 318.

  5         Section 159.  Section 316.600, Florida Statutes, is

  6  amended to read:

  7         316.600  Health and sanitation hazards.--No motor

  8  vehicle, trailer or semitrailer shall be equipped with an open

  9  toilet or other device that may be a hazard from a health and

10  sanitation standpoint. A violation of this section is a

11  noncriminal traffic infraction, punishable as a nonmoving

12  violation as provided in chapter 318.

13         Section 160.  Section 316.605, Florida Statutes, is

14  amended to read:

15         316.605  Licensing of vehicles.--

16         (1)  Every vehicle, at all times while driven, stopped,

17  or parked upon any highways, roads, or streets of this state,

18  shall be licensed in the name of the owner thereof in

19  accordance with the laws of this state unless such vehicle is

20  not required by the laws of this state to be licensed in this

21  state and shall, except as otherwise provided in s. 320.0706

22  for front-end registration license plates on truck tractors,

23  display the license plate or both of the license plates

24  assigned to it by the state, one on the rear and, if two, the

25  other on the front of the vehicle, each to be securely

26  fastened to the vehicle outside the main body of the vehicle

27  in such manner as to prevent the plates from swinging, with

28  all letters, numerals, printing, writing, and other

29  identification marks upon the plates clear and distinct and

30  free from defacement, mutilation, grease, and other obscuring

31  matter, so that they will be plainly visible and legible at

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  all times 100 feet from the rear or front.  Nothing shall be

  2  placed upon the face of a Florida plate except as permitted by

  3  law or by rule or regulation of a governmental agency.  No

  4  license plates other than those furnished by the state shall

  5  be used.  However, if the vehicle is not required to be

  6  licensed in this state, the license plates on such vehicle

  7  issued by another state, by a territory, possession, or

  8  district of the United States, or by a foreign country,

  9  substantially complying with the provisions hereof, shall be

10  considered as complying with this chapter. A violation of this

11  subsection is a noncriminal traffic infraction, punishable as

12  a nonmoving violation as provided in chapter 318.

13         (2)  Any commercial motor vehicle, as defined in s.

14  316.003(66), operating over the highways of this state with an

15  expired registration, with no registration from this or any

16  other jurisdiction, or with no registration under the

17  applicable provisions of chapter 320 shall be in violation of

18  s. 320.07(3) and shall subject the owner or operator of such

19  vehicle to the penalty provided in s. 318.18.  In addition, a

20  commercial motor vehicle found in violation of this section

21  may be detained by any law enforcement officer until the owner

22  or operator produces evidence that the vehicle has been

23  properly registered and that any applicable delinquent

24  penalties have been paid.

25         Section 161.  Subsection (5) of section 316.613,

26  Florida Statutes, is amended to read:

27         316.613  Child restraint requirements.--

28         (5)  Any person who violates the provisions of this

29  section commits a moving violation, punishable as provided in

30  chapter 318 and shall have 3 points assessed against his or

31  her driver's license as set forth in s. 322.27. In lieu of the

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  penalty specified in s. 318.18 and the assessment of points, a

  2  person who violates the provisions of this section may elect,

  3  with the court's approval, to participate in a child restraint

  4  safety program approved by the chief judge of the circuit in

  5  which the violation occurs, and upon completing such program,

  6  the penalty specified in chapter 318 and associated costs may

  7  be waived at the court's discretion and the assessment of

  8  points shall be waived.  The child restraint safety program

  9  must use a course approved by the Department of Transportation

10  Health and Rehabilitative Services, and the fee for the course

11  must bear a reasonable relationship to the cost of providing

12  the course.

13         Section 162.  Subsection (5) of section 316.6135,

14  Florida Statutes, is amended to read:

15         316.6135  Leaving children unattended or unsupervised

16  in motor vehicle; penalty; authority of law enforcement

17  officer.--

18         (5)  The child shall be remanded to the custody of the

19  Department of Children and Family Health and Rehabilitative

20  Services pursuant to chapter 39, unless the law enforcement

21  officer is able to locate the parents or legal guardian or

22  other person responsible for the child.

23         Section 163.  Subsection (6) is added to section

24  316.615, Florida Statutes, to read:

25         316.615  School buses; physical requirements of

26  drivers.--

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

28  traffic infraction, punishable as a nonmoving violation as

29  provided in chapter 318.

30         Section 164.  Subsection (7) is added to section

31  316.620, Florida Statutes, to read:

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         316.620  Transportation of migrant farm workers.--Every

  2  carrier of migrant farm workers shall systematically inspect

  3  and maintain, or cause to be systematically maintained, all

  4  motor vehicles and their accessories subject to its control to

  5  ensure that such motor vehicles and accessories are in safe

  6  and proper operating condition in accordance with the

  7  provisions of this chapter.

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

  9  noncriminal traffic infraction, punishable as a nonmoving

10  violation as provided in chapter 318.

11         Section 165.  Paragraph (b) of subsection (2),

12  paragraph (b) of subsection (3), and paragraph (b) of

13  subsection (5) of section 316.640, Florida Statutes, are

14  amended to read:

15         316.640  Enforcement.--The enforcement of the traffic

16  laws of this state is vested as follows:

17         (2)  COUNTIES.--

18         (b)  The sheriff's office of each county may employ as

19  a traffic crash accident investigation officer any individual

20  who successfully completes at least 200 hours of instruction

21  in traffic crash accident investigation and court presentation

22  through the Selective Traffic Enforcement Program (STEP) as

23  approved by the Criminal Justice Standards and Training

24  Commission and funded through the National Highway Traffic

25  Safety Administration (NHTSA) or a similar program approved by

26  the commission, but who does not necessarily otherwise meet

27  the uniform minimum standards established by the commission

28  for law enforcement officers or auxiliary law enforcement

29  officers under chapter 943. Any such traffic crash accident

30  investigation officer who makes an investigation at the scene

31  of a traffic crash accident may issue traffic citations when,

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  based upon personal investigation, he or she has reasonable

  2  and probable grounds to believe that a person who was involved

  3  has committed an offense under this chapter in connection with

  4  the crash accident. This paragraph does not permit the

  5  carrying of firearms or other weapons, nor do such officers

  6  have arrest authority other than for the issuance of a traffic

  7  citation as authorized in this paragraph.

  8         (3)  MUNICIPALITIES.--

  9         (b)  The police department of a chartered municipality

10  may employ as a traffic crash accident investigation officer

11  any individual who successfully completes at least 200 hours

12  of instruction in traffic crash accident investigation and

13  court presentation through the Selective Traffic Enforcement

14  Program (STEP) as approved by the Criminal Justice Standards

15  and Training Commission and funded through the National

16  Highway Traffic Safety Administration (NHTSA) or a similar

17  program approved by the commission, but who does not otherwise

18  meet the uniform minimum standards established by the

19  commission for law enforcement officers or auxiliary law

20  enforcement officers under chapter 943. Any such traffic crash

21  accident investigation officer who makes an investigation at

22  the scene of a traffic crash accident is authorized to issue

23  traffic citations when, based upon personal investigation, he

24  or she has reasonable and probable grounds to believe that a

25  person involved has committed an offense under the provisions

26  of this chapter in connection with the crash accident.

27  Nothing in this paragraph shall be construed to permit the

28  carrying of firearms or other weapons, nor shall such officers

29  have arrest authority other than for the issuance of a traffic

30  citation as authorized above.

31         (5)

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (b)  The traffic enforcement officer shall be employed

  2  in relationship to a selective traffic enforcement program at

  3  a fixed location or as part of a crash an accident

  4  investigation team at the scene of a vehicle crash accident or

  5  in other types of traffic infraction enforcement under the

  6  direction of a fully qualified law enforcement officer;

  7  however, it is not necessary that the traffic infraction

  8  enforcement officer's duties be performed under the immediate

  9  supervision of a fully qualified law enforcement officer.

10         Section 166.  Section 316.645, Florida Statutes, is

11  amended to read:

12         316.645  Arrest authority of officer at scene of a

13  traffic crash accident.--A police officer who makes an

14  investigation at the scene of a traffic crash accident may

15  arrest any driver of a vehicle involved in the crash accident

16  when, based upon personal investigation, the officer has

17  reasonable and probable grounds to believe that the person has

18  committed any offense under the provisions of this chapter or

19  chapter 322 in connection with the crash accident.

20         Section 167.  Paragraph (b) of subsection (1) of

21  section 316.70, Florida Statutes, is amended to read:

22         316.70  Nonpublic sector buses; safety rules.--

23         (1)  The Department of Transportation shall establish

24  and revise standards to assure the safe operation of nonpublic

25  sector buses, as defined in s. 316.003(78), which standards

26  shall be those contained in 49 C.F.R. parts 382, 385, and

27  390-397 and which shall be directed towards assuring that:

28         (b)  Nonpublic sector buses are carrying the insurance

29  required by law and carrying liability insurance on the

30  checked baggage of passengers not to exceed the standard

31

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  adopted by the United States Department of Transportation

  2  Interstate Commerce Commission.

  3         Section 168.  Section 318.12, Florida Statutes, is

  4  amended to read:

  5         318.12  Purpose.--It is the legislative intent in the

  6  adoption of this chapter to decriminalize certain violations

  7  of chapter 316, the Florida Uniform Traffic Control Law;

  8  chapter 320, Motor Vehicle Licenses; chapter 322, Drivers'

  9  Licenses; chapter 339, Florida Transportation Code, Sixth

10  Part; chapter 240, Postsecondary Education 239, Universities;

11  Scholarships, etc.; and chapter 338, Florida Intrastate

12  Highway System and Toll Facilities 340, Turnpike Projects,

13  thereby facilitating the implementation of a more uniform and

14  expeditious system for the disposition of traffic infractions.

15         Section 169.  Subsection (5) of section 318.13, Florida

16  Statutes, is amended to read:

17         318.13  Definitions.--The following words and phrases,

18  when used in this chapter, shall have the meanings

19  respectively ascribed to them in this section, except where

20  the context otherwise requires:

21         (5)  "Officer" means any law enforcement officer

22  charged with and acting under his or her authority to arrest

23  persons suspected of, or known to be, violating statutes or

24  ordinances regulating traffic or the operation or equipment of

25  vehicles. "Officer" includes any individual employed by a

26  sheriff's department or the police department of a chartered

27  municipality who is acting as a traffic infraction enforcement

28  officer as provided in s. 316.640 318.141.

29         Section 170.  Subsections (1), (4), (9), and (10) of

30  section 318.14, Florida Statutes, are amended to read:

31

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         318.14  Noncriminal traffic infractions; exception;

  2  procedures.--

  3         (1)  Except as provided in ss. 318.17 and

  4  320.07(3)(c)(b), any person cited for a violation of s.

  5  240.265, chapter 316, s. 320.0605(1), s. 320.07(3)(a), s.

  6  322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615 s.

  7  322.161(4), or s. 322.19 is charged with a noncriminal

  8  infraction and must be cited for such an infraction and cited

  9  to appear before an official. If another person dies as a

10  result of the noncriminal infraction, the person cited may be

11  required to perform 120 community service hours under s.

12  316.027(4), in addition to any other penalties.

13         (4)  Any person charged with a noncriminal infraction

14  under this section who does not elect to appear shall pay the

15  civil penalty and delinquent fee, if applicable, either by

16  mail or in person, within 30 days of the date of receiving the

17  citation.  If the person cited follows the above procedure, he

18  or she shall be deemed to have admitted the infraction and to

19  have waived his or her right to a hearing on the issue of

20  commission of the infraction.  Such admission shall not be

21  used as evidence in any other proceedings.  Any person who is

22  cited for a violation of s. 320.0605(1) or s. 322.15(1), or

23  subject to a penalty under s. 320.07(3)(a) or s. 322.065, and

24  who makes an election under this subsection shall submit proof

25  of compliance with the applicable section to the clerk of the

26  court. For the purposes of this subsection, proof of

27  compliance consists of a valid driver's license or a valid

28  registration certificate.

29         (9)  Any person who is cited for an infraction under

30  this section other than a violation of s. 320.0605(1), s.

31  320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  322.62 may, in lieu of a court appearance, elect to attend in

  2  the location of his or her choice within this state a basic

  3  driver improvement course approved by the Department of

  4  Highway Safety and Motor Vehicles. In such a case,

  5  adjudication must be withheld; points, as provided by s.

  6  322.27, may not be assessed; and the civil penalty that is

  7  imposed by s. 318.18(3) must be reduced by 18 percent;

  8  however, a person may not make an election under this

  9  subsection if the person has made an election under this

10  subsection in the preceding 12 months. A person may make no

11  more than five elections under this subsection. The

12  requirement for community service under s. 318.18(8)(7) is not

13  waived by a plea of nolo contendere or by the withholding of

14  adjudication of guilt by a court.

15         (10)(a)  Any person cited for an offense listed under

16  this subsection may, in lieu of payment of fine or court

17  appearance, elect to enter a plea of nolo contendere and

18  provide proof of compliance to the clerk of the court or

19  authorized operator of a traffic violations bureau. In such

20  case, adjudication shall be withheld; however, no election

21  shall be made under this subsection if such person has made an

22  election under this subsection in the 12 months preceding

23  election hereunder.  No person may make more than three

24  elections under this subsection.  This subsection applies to

25  the following offenses:

26         1.  Operating a motor vehicle without a valid driver's

27  license in violation of the provisions of s. 322.03, s.

28  322.065, or s. 322.15(1), or operating a motor vehicle with a

29  license which has been suspended for failure to appear,

30  failure to pay civil penalty, or failure to attend a driver

31  improvement course pursuant to s. 322.291.

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         2.  Operating a motor vehicle without a valid

  2  registration in violation of s. 320.0605, or s. 320.07, or s.

  3  320.131.

  4         3.  Operating a motor vehicle in violation of s.

  5  316.646.

  6         (b)  Any person cited for an offense listed in this

  7  subsection shall present proof of compliance prior to the

  8  scheduled court appearance date. For the purposes of this

  9  subsection, proof of compliance shall consist of a valid,

10  renewed, or reinstated driver's license or registration

11  certificate and proper proof of maintenance of security as

12  required by s. 316.646. Notwithstanding waiver of fine, any

13  person establishing proof of compliance shall be assessed

14  court costs of $22, except that a person charged with

15  violation of s. 316.646(1)-(3) may be assessed court costs of

16  $7. One dollar of such costs shall be distributed to the

17  Department of Children and Family Health and Rehabilitative

18  Services for deposit into the Child Welfare Training Trust

19  Fund.  One dollar of such costs shall be distributed to the

20  Department of Juvenile Justice for deposit into the Juvenile

21  Justice Training Trust Fund. Twelve dollars of such costs

22  shall be distributed to the municipality and $8 shall be

23  retained by the county, if the offense was committed within

24  the municipality.  If the offense was committed in an

25  unincorporated area of a county or if the citation was for a

26  violation of s. 316.646(1)-(3), the county shall retain the

27  entire amount, except for the moneys to be deposited into the

28  Child Welfare Training Trust Fund and the Juvenile Justice

29  Training Trust Fund.  This subsection shall not be construed

30  to authorize the operation of a vehicle without a valid

31

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  driver's license, without a valid vehicle tag and

  2  registration, or without the maintenance of required security.

  3         Section 171.  Subsection (2) of section 318.1451,

  4  Florida Statutes, is amended to read:

  5         318.1451  Driver improvement schools.--

  6         (2)  In determining whether to approve the courses

  7  referenced in this section, the department shall consider

  8  course content designed to promote safety, driver awareness,

  9  crash accident avoidance techniques, and other factors or

10  criteria to improve driver performance from a safety

11  viewpoint.

12         Section 172.  Section 318.17, Florida Statutes, is

13  amended to read:

14         318.17  Offenses excepted.--No provision of this

15  chapter is available to a person who is charged with any of

16  the following offenses:

17         (1)  Fleeing or attempting to elude a police officer,

18  in violation of s. 316.1935;

19         (2)  Leaving the scene of a crash an accident, in

20  violation of ss. 316.027 and 316.061;

21         (3)  Driving, or being in actual physical control of,

22  any vehicle while under the influence of alcoholic beverages,

23  any chemical substance set forth in s. 877.111, or any

24  substance controlled under chapter 893, in violation of s.

25  316.193, or driving with an unlawful blood-alcohol level;

26         (4)  Reckless driving, in violation of s. 316.192;

27         (5)  Making false crash accident reports, in violation

28  of s. 316.067;

29         (6)  Willfully failing or refusing to comply with any

30  lawful order or direction of any police officer or member of

31  the fire department, in violation of s. 316.072(3);

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (7)  Obstructing an officer, in violation of s.

  2  316.545(1); or

  3         (8)  Any other offense in chapter 316 which is

  4  classified as a criminal violation.

  5         Section 173.  Subsection (1) of section 318.18, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         318.18  Amount of civil penalties.--The penalties

  8  required for a noncriminal disposition pursuant to s. 318.14

  9  are as follows:

10         (1)  Fifteen dollars for:

11         (a)  All infractions of pedestrian regulations.,

12         (b)  All infractions of s. 316.2065, unless otherwise

13  specified. and

14         (c)  Other violations of chapter 316 by persons 14

15  years of age or under who are operating bicycles, regardless

16  of the noncriminal traffic infraction's classification.

17         Section 174.  Section 318.19, Florida Statutes, is

18  amended to read:

19         318.19  Infractions requiring a mandatory hearing.--Any

20  person cited for the infractions listed in this section shall

21  not have the provisions of s. 318.14(2), (4), and (9)

22  available to him or her but must appear before the designated

23  official at the time and location of the scheduled hearing:

24         (1)  Any infraction which results in a crash an

25  accident that causes the death of another; or

26         (2)  Any infraction which results in a crash an

27  accident that causes "serious bodily injury" of another as

28  defined in s. 316.1933(1); or

29         (3)  Any infraction of s. 316.172(1)(b).

30

31

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 175.  Subsections (4) and (7) of section

  2  318.21, Florida Statutes, 1998 Supplement, are amended to

  3  read:

  4         318.21  Disposition of civil penalties by county

  5  courts.--All civil penalties received by a county court

  6  pursuant to the provisions of this chapter shall be

  7  distributed and paid monthly as follows:

  8         (4)  Of the additional fine assessed under s.

  9  318.18(3)(e)(d) for a violation of s. 316.1301, 40 percent

10  must be deposited into the Grants and Donations Trust Fund of

11  the Division of Blind Services of the Department of Labor and

12  Employment Security, and 60 percent must be distributed

13  pursuant to subsections (1) and (2) of this section.

14         (7)  For fines assessed under s. 318.18(3) for unlawful

15  speed, the following amounts must be deducted and deposited

16  into the Nongame Wildlife Trust Fund:

17

18  For speed exceeding the limit by:                        Fine:

19  1-5 m.p.h.............................................. $  .00

20  61-9 m.p.h..............................................$  .25

21  10-14 m.p.h.............................................$ 3.00

22  15-19 m.p.h.............................................$ 4.00

23  20-29 m.p.h.............................................$ 5.00

24  30 m.p.h. and above.....................................$10.00

25

26  The remaining amount must be distributed pursuant to

27  subsections (1) and (2).

28         Section 176.  Subsection (1) of section 318.32, Florida

29  Statutes, is amended to read:

30         318.32  Jurisdiction; limitations.--

31

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (1)  Hearing officers shall be empowered to accept

  2  pleas from and decide the guilt or innocence of any person,

  3  adult or juvenile, charged with any civil traffic infraction

  4  and shall be empowered to adjudicate or withhold adjudication

  5  of guilt in the same manner as a county court judge under the

  6  statutes, rules, and procedures presently existing or as

  7  subsequently amended, except that hearing officers shall not:

  8         (a)  Have the power to hold a defendant in contempt of

  9  court, but shall be permitted to file a motion for order of

10  contempt with the appropriate state trial court judge;

11         (b)  Hear a case involving a crash an accident

12  resulting in injury or death; or

13         (c)  Hear a criminal traffic offense case or a case

14  involving a civil traffic infraction issued in conjunction

15  with a criminal traffic offense.

16         Section 177.  Section 318.39, Florida Statutes, is

17  repealed.

18         Section 178.  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

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 179.  Paragraph (d) of subsection (1) of

30  section 319.33, Florida Statutes, is amended to read:

31

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 180.  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 181.  Subsections (7) and (8) of section

26  320.03, Florida Statutes, 1998 Supplement, are amended to

27  read:

28         320.03  Registration; duties of tax collectors;

29  International Registration Plan.--

30         (7)  The Department of Highway Safety and Motor

31  Vehicles shall register apportioned motor vehicles under the

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  provisions of the International Registration Plan.

  2  Implementation of the plan shall occur by July 1, 1986, for

  3  the 1986-1987 registration period.  The department may adopt

  4  rules to implement and enforce the provisions of the plan.

  5         (8)  If the applicant's name appears on the list

  6  referred to in s. 316.1001(4)(5) or s. 316.1967(6), a license

  7  plate or revalidation sticker may not be issued until that

  8  person's name no longer appears on the list or until the

  9  person presents a receipt from the clerk showing that the

10  fines outstanding have been paid. The tax collector and the

11  clerk of the court are each entitled to receive monthly, as

12  costs for implementing and administering this subsection, 10

13  percent of the civil penalties and fines recovered from such

14  persons. If the tax collector has private tag agents, such tag

15  agents are entitled to receive a pro rata share of the amount

16  paid to the tax collector, based upon the percentage of

17  license plates and revalidation stickers issued by the tag

18  agent compared to the total issued within the county. The

19  authority of any private agent to issue license plates shall

20  be revoked, after notice and a hearing as provided in chapter

21  120, if he or she issues any license plate or revalidation

22  sticker contrary to the provisions of this subsection. This

23  section applies only to the annual renewal in the owner's

24  birth month of a motor vehicle registration and does not apply

25  to the transfer of a registration of a motor vehicle sold by a

26  motor vehicle dealer licensed under this chapter, except for

27  the transfer of registrations which is inclusive of the annual

28  renewals. This section does not affect the issuance of the

29  title to a motor vehicle, notwithstanding s. 319.23(7)(b).

30         Section 182.  Section 320.031, Florida Statutes, is

31  amended to read:

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  electronically digitized records shall be admitted into

  2  evidence equally with the original photographs,

  3  microphotographs, or electronically digitized records.

  4         Section 183.  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

                                  93

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 184.  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

                                  94

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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

                                  95

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 185.  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 186.  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

                                  96

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  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 187.  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 188.  Section 320.073, Florida Statutes, is

30  repealed.

31

                                  97

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 189.  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 190.  Paragraph (b) of subsection (1) and

17  paragraph (b) of subsection (7) of section 320.08058, Florida

18  Statutes, 1998 Supplement, are amended to read:

19         320.08058  Specialty license plates.--

20         (1)  MANATEE LICENSE PLATES.--

21         (b)1.  The manatee license plate annual use fee must be

22  deposited into the Save the Manatee Trust Fund, created within

23  the Department of Environmental Protection.  The funds

24  deposited in the Save the Manatee Trust Fund may be used only

25  for manatee-related environmental education; manatee research;

26  facilities, as provided in s. 370.12(4)(b)(5)(b); and manatee

27  protection and recovery.

28         2.  For fiscal year 1996-1997, 25 percent of the

29  manatee license plate annual use fee must be deposited into

30  the Save the Manatee Trust Fund within the Department of

31

                                  98

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  Environmental Protection and shall be used for manatee

  2  facilities as provided in s. 370.12(5)(b).

  3         (7)  FLORIDA SPECIAL OLYMPICS LICENSE PLATES.--

  4         (b)  The license plate annual use fees are to be

  5  annually distributed as follows:

  6         1.  The first $5 million collected annually must be

  7  forwarded to the private nonprofit corporation Florida

  8  Developmental Disabilities Planning Council as described in s.

  9  393.002 393.001 and must be used solely for Special Olympics

10  purposes as approved by the private nonprofit corporation

11  council.

12         2.  Any additional fees must be deposited into the

13  General Revenue Fund.

14         Section 191.  Section 320.08062, Florida Statutes, 1998

15  Supplement, is amended to read:

16         320.08062  Audits required; annual use fees of

17  specialty special license plates.--

18         (1)(a)  All organizations that receive annual use fee

19  proceeds from the department are responsible for ensuring that

20  proceeds are used in accordance with ss. 320.08056 and

21  320.08058.

22         (b)  All organizational recipients of any specialty

23  license plate annual use fee authorized in this chapter, not

24  otherwise subject to annual audit by the Office of the Auditor

25  General, shall submit an annual audit of the expenditures of

26  annual use fees and interest earned from these fees, to

27  determine if expenditures are being made in accordance with

28  the specifications outlined by law.  The audit shall be

29  prepared by a certified public accountant licensed under

30  chapter 473 at that organizational recipient's expense.  The

31  notes to the financial statements should state whether

                                  99

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  expenditures were made in accordance with ss. 320.08056 and

  2  320.08058.

  3         (c)  In lieu of an annual audit, any organization

  4  receiving less than $25,000 in annual use fee proceeds

  5  directly from the department, or from another state agency,

  6  may annually report, under penalties of perjury, that such

  7  proceeds were used in compliance with ss. 320.08056 and

  8  320.08058. The attestation shall be made annually in a form

  9  and format determined by the department.

10         (d)  The annual audit or report shall be submitted to

11  the department for review within 180 days after the end of the

12  organization's fiscal year.

13         (2)  Within 90 days after receiving an organization's

14  audit or report, the department shall determine which

15  recipients of revenues from specialty license plate annual use

16  fees have not complied with subsection (1). If the department

17  determines that an organization has not complied or has failed

18  to use the revenues in accordance with ss. 320.08056 and

19  320.08058, the department must discontinue the distribution of

20  the revenues to the organization until the department

21  determines that the organization has complied. If an

22  organization fails to comply within 12 months after the annual

23  use fee proceeds are withheld by the department, the proceeds

24  shall be deposited into the Highway Safety Operating Trust

25  Fund to offset department costs related to the issuance of

26  specialty license plates.

27         (3)  The Auditor General and the department have the

28  authority to examine all records pertaining to the use of

29  funds from the sale of specialty license plates.

30

31

                                 100

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 192.  Paragraph (c) of subsection (2) of

  2  section 320.0848, Florida Statutes, 1998 Supplement, is

  3  amended to read:

  4         320.0848  Persons who have disabilities; issuance of

  5  disabled parking permits; temporary permits; permits for

  6  certain providers of transportation services to persons who

  7  have disabilities.--

  8         (2)  DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM

  9  MOBILITY PROBLEMS.--

10         (c)1.  Except as provided in subparagraph 2., the fee

11  for a disabled parking permit shall be:

12         a.  Fifteen dollars for each initial 4-year permit or

13  renewal permit, of which the State Transportation Trust Fund

14  shall receive $13.50 and the tax collector of the county in

15  which the fee was collected shall receive $1.50.

16         b.  One dollar for each additional or additional

17  renewal 4-year permit, of which the State Transportation Trust

18  Fund shall receive all funds collected.

19

20  The department shall not issue an additional disabled parking

21  permit unless the applicant states that they are a frequent

22  traveler or a quadriplegic. The department may not issue to

23  any one eligible applicant more than two disabled parking

24  permits except to an organization in accordance with paragraph

25  (1)(e)(d). Subsections (1), (5), (6), and (7) apply to this

26  subsection.

27         2.  If an applicant who is a disabled veteran, is a

28  resident of this state, has been honorably discharged, and

29  either has been determined by the Department of Defense or the

30  United States Department of Veterans Affairs or its

31  predecessor to have a service-connected disability rating for

                                 101

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  compensation of 50 percent or greater or has been determined

  2  to have a service-connected disability rating of 50 percent or

  3  greater and is in receipt of both disability retirement pay

  4  from the United States Department of Veterans Affairs and has

  5  a signed physician's statement of qualification for the

  6  disabled parking permits, the fee for a disabled parking

  7  permit shall be:

  8         a.  One dollar and fifty cents for the initial 4-year

  9  permit or renewal permit.

10         b.  One dollar for each additional or additional

11  renewal 4-year permit.

12

13  The tax collector of the county in which the fee was collected

14  shall retain all funds received pursuant to this subparagraph.

15         3.  If an applicant presents to the department a

16  statement from the Federal Government or the State of Florida

17  indicating the applicant is a recipient of supplemental

18  security income, the fee for the disabled parking permit shall

19  be $9 for the initial 4-year permit or renewal permit, of

20  which the State Transportation Trust Fund shall receive $6.75

21  and the tax collector of the county in which the fee was

22  collected shall receive $2.25.

23         Section 193.  Section 320.087, Florida Statutes, is

24  amended to read:

25         320.087  Intercity buses operated in interstate

26  commerce; tax.--All intercity motor buses owned or operated by

27  residents or nonresidents of this state in interstate commerce

28  or combined interstate and intrastate commerce as a result of

29  which operation such motor buses operate both within and

30  without this state under the authority of the United States

31  Department of Transportation Interstate Commerce Commission,

                                 102

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  are subject to motor vehicle license taxes on a basis

  2  commensurate with the use of Florida roads.  The department

  3  shall require the registration in this state of that

  4  percentage of intercity motor buses operating in interstate

  5  commerce or combined interstate-intrastate commerce, into or

  6  through this state, which the actual mileage operated in this

  7  state bears to the total mileage all such intercity motor

  8  buses are operated both within and without this state.  Such

  9  percentage figure, so determined, is the "Florida mileage

10  factor."  In determining the state license tax to be paid on

11  the buses actually operated in this state under the foregoing

12  method, the department shall first compute the amount that the

13  state license tax would be if all of such buses were in fact

14  subject to such tax, and then apply to that amount the Florida

15  mileage factor.

16         Section 194.  Section 320.1325, Florida Statutes, is

17  amended to read:

18         320.1325  Registration required for the temporarily

19  employed.--Motor vehicles owned or leased by persons who are

20  temporarily employed within the state but are not residents

21  are required to be registered. The department shall provide a

22  temporary registration plate and a registration certificate

23  valid for 90 days to an applicant who is temporarily employed

24  in the state. The temporary registration plate may be renewed

25  one time for an additional 90-day period. At the end of the

26  180-day period of temporary registration, the applicant shall

27  apply for a permanent registration if there is a further need

28  to remain in this state. A temporary license registration

29  plate may not be issued for any commercial motor vehicle as

30  defined in s. 320.01. The fee for the 90-day temporary

31  registration plate shall be $40 plus the applicable service

                                 103

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  charge required by s. 320.04. Subsequent permanent

  2  registration and titling of a vehicle registered hereunder

  3  shall subject the applicant to the fees required by s. ss.

  4  319.231 and 320.072, in addition to all other taxes and fees

  5  required.

  6         Section 195.  Paragraph (b) of subsection (5) of

  7  section 320.20, Florida Statutes, is amended to read:

  8         320.20  Disposition of license tax moneys.--The revenue

  9  derived from the registration of motor vehicles, including any

10  delinquent fees and excluding those revenues collected and

11  distributed under the provisions of s. 320.081, must be

12  distributed monthly, as collected, as follows:

13         (5)

14         (b)  Beginning July 1, 1989, The State Comptroller each

15  month shall deposit in the State Transportation Trust Fund an

16  amount, drawn from other funds in the State Treasury which are

17  not immediately needed or are otherwise in excess of the

18  amount necessary to meet the requirements of the State

19  Treasury, which when added to such remaining revenues each

20  month will equal one-twelfth of the amount of the anticipated

21  annual revenues to be deposited in the State Transportation

22  Trust Fund under paragraph (a) as estimated by the most recent

23  revenue estimating conference held pursuant to s. 216.136(3).

24  The transfers required hereunder may be suspended by action of

25  the Administration Commission in the event of a significant

26  shortfall of state revenues.

27         Section 196.  Subsection (4) of section 320.8255,

28  Florida Statutes, is amended to read:

29         320.8255  Mobile home inspection.--

30         (4)  The department shall determine fees for special

31  inspections and for the label seal authorized under s. 320.827

                                 104

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  which are sufficient to cover the cost of inspection and

  2  administration under this section.  Fees collected shall be

  3  deposited into the General Revenue Fund.

  4         Section 197.  Section 320.8256, Florida Statutes, is

  5  repealed.

  6         Section 198.  Subsections (2) and (4) of section

  7  321.051, Florida Statutes, 1998 Supplement, are amended to

  8  read:

  9         321.051  Florida Highway Patrol wrecker operator

10  system; penalties for operation outside of system.--

11         (2)  The Division of Florida Highway Patrol of the

12  Department of Highway Safety and Motor Vehicles is authorized

13  to establish within areas designated by the patrol a wrecker

14  operator system using qualified, reputable wrecker operators

15  for removal and storage of wrecked or disabled vehicles from a

16  crash an accident scene or for removal and storage of

17  abandoned vehicles, in the event the owner or operator is

18  incapacitated or unavailable or leaves the procurement of

19  wrecker service to the officer at the scene.  All reputable

20  wrecker operators shall be eligible for use in the system

21  provided their equipment and drivers meet recognized safety

22  qualifications and mechanical standards set by rules of the

23  Division of Florida Highway Patrol for the size of vehicle it

24  is designed to handle. The division is authorized to limit the

25  number of wrecker operators participating in the wrecker

26  operator system, which authority shall not affect wrecker

27  operators currently participating in the system established by

28  this section. The division is authorized to establish maximum

29  rates for the towing and storage of vehicles removed at the

30  division's request, where such rates have not been set by a

31  county or municipality pursuant to s. 125.0103 or s. 166.043.

                                 105

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  Such rates shall not be considered rules for the purpose of

  2  chapter 120; however, the department shall establish by rule a

  3  procedure for setting such rates.  Any provision in chapter

  4  120 to the contrary notwithstanding, a final order of the

  5  department denying, suspending, or revoking a wrecker

  6  operator's participation in the system shall be reviewable in

  7  the manner and within the time provided by the Florida Rules

  8  of Appellate Procedure only by a writ of certiorari issued by

  9  the circuit court in the county wherein such wrecker operator

10  resides.

11         (4)  This section does not prohibit, or in any way

12  prevent, the owner or operator of a vehicle involved in a

13  crash an accident or otherwise disabled from contacting any

14  wrecker operator for the provision of towing services, whether

15  the wrecker operator is an authorized wrecker operator or not.

16         Section 199.  Subsection (2) of section 321.23, Florida

17  Statutes, is amended to read:

18         321.23  Public records; fees for copies; destruction of

19  obsolete records; photographing records; effect as evidence.--

20         (2)  Fees for copies of public records shall be charged

21  and collected as follows:

22         (a)  For a crash an accident report, a copy..........$2

23         (b)  For a homicide report, a copy..................$25

24         (c)  Photographs (accidents, etc.):

25

26  Enlargement                           Color            Black

27         Proof                                          & White

28

29         1.  5" x 7"                    $1.00            $0.75

30         2.  8" x 10"                   $1.50            $1.00

31         3.  11" x 14"              Not Available        $1.75

                                 106

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         4.  16" x 20"              Not Available        $2.75

  2         5.  20" x 24"              Not Available        $3.75

  3

  4         (d)  The department shall furnish such information

  5  without charge to any local, state, or federal law enforcement

  6  agency upon proof satisfactory to the department as to the

  7  purpose of the investigation.

  8         Section 200.  Sections 321.06, 321.07, 321.09, 321.12,

  9  321.15, 321.17, 321.18, 321.19, 321.191, 321.20, 321.201,

10  321.202, 321.203, 321.21, 321.22, 321.2205, 321.221, 321.222,

11  and 321.223, Florida Statutes, are repealed.

12         Section 201.  Section 322.0261, Florida Statutes, is

13  amended to read:

14         322.0261  Mandatory driver improvement course; certain

15  crashes accidents.--

16         (1)  The department shall screen crash accident reports

17  received under s. 316.066 or s. 324.051 to identify crashes

18  accidents involving the following:

19         (a)  A crash An accident involving death or a bodily

20  injury requiring transport to a medical facility; or

21         (b)  A second crash accident by the same operator

22  within the previous 2-year period involving property damage in

23  an apparent amount of at least $500.

24         (2)  With respect to an operator convicted of, or who

25  pleaded nolo contendere to, a traffic offense giving rise to a

26  crash an accident identified pursuant to subsection (1), the

27  department shall require that the operator, in addition to

28  other applicable penalties, attend a departmentally approved

29  driver improvement course in order to maintain driving

30  privileges. If the operator fails to complete the course

31  within 90 days of receiving notice from the department, the

                                 107

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  operator's driver's license shall be canceled by the

  2  department until the course is successfully completed.

  3         (3)  In determining whether to approve a driver

  4  improvement course for the purposes of this section, the

  5  department shall consider course content designed to promote

  6  safety, driver awareness, crash accident avoidance techniques,

  7  and other factors or criteria to improve driver performance

  8  from a safety viewpoint.

  9         Section 202.  Subsection (2) of section 322.055,

10  Florida Statutes, is amended to read:

11         322.055  Revocation or suspension of, or delay of

12  eligibility for, driver's license for persons 18 years of age

13  or older convicted of certain drug offenses.--

14         (2)  If a person 18 years of age or older is convicted

15  for the possession or sale of, trafficking in, or conspiracy

16  to possess, sell, or traffic in a controlled substance and

17  such person is eligible by reason of age for a driver's

18  license or privilege, the court shall direct the department to

19  withhold issuance of such person's driver's license or driving

20  privilege for a period of 2 years after the date the person

21  was convicted or until the person is evaluated for and, if

22  deemed necessary by the evaluating agency, completes a drug

23  treatment and rehabilitation program approved or regulated by

24  the Department of Health and Rehabilitative Services. However,

25  the court may, in its sound discretion, direct the department

26  to issue a license for driving privileges restricted to

27  business or employment purposes only, as defined by s.

28  322.271, if the person is otherwise qualified for such a

29  license. A driver whose license or driving privilege has been

30  suspended or revoked under this section or s. 322.056 may,

31  upon the expiration of 6 months, petition the department for

                                 108

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  restoration of the driving privilege on a restricted or

  2  unrestricted basis depending on the length of suspension or

  3  revocation. In no case shall a restricted license be available

  4  until 6 months of the suspension or revocation period has

  5  expired.

  6         Section 203.  Subsection (5) of section 322.08, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         322.08  Application for license.--

  9         (5)  After December 31, 1989, The department may not

10  issue a driver's license to a person who has never been issued

11  a driver's license in any jurisdiction until he or she

12  successfully completes the traffic law and substance abuse

13  education course prescribed in s. 322.095.

14         Section 204.  Subsection (2) of section 322.12, Florida

15  Statutes, is amended to read:

16         322.12  Examination of applicants.--

17         (2)  The department shall examine every applicant for a

18  driver's license, including an applicant who is licensed in

19  another state or country, except as otherwise provided in this

20  chapter. A person who holds a learner's driver's license as

21  provided for in s. 322.1615 s. 322.161 is not required to pay

22  a fee for successfully completing the examination showing his

23  or her ability to operate a motor vehicle as provided for

24  herein and need not pay the fee for a replacement license as

25  provided in s. 322.17(2).  Any person who applies for

26  reinstatement following the suspension or revocation of his or

27  her driver's license shall pay a service fee of $25 following

28  a suspension, and $50 following a revocation, which is in

29  addition to the fee for a license. Any person who applies for

30  reinstatement of a commercial driver's license following the

31  disqualification of his or her privilege to operate a

                                 109

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  commercial motor vehicle shall pay a service fee of $50, which

  2  is in addition to the fee for a license.  The department shall

  3  collect all of these fees at the time of reinstatement.  The

  4  department shall issue proper receipts for such fees and shall

  5  promptly transmit all funds received by it as follows:

  6         (a)  Of the $25 fee received from a licensee for

  7  reinstatement following a suspension, the department shall

  8  deposit $15 in the General Revenue Fund and the remaining $10

  9  in the Highway Safety Operating Trust Fund.

10         (b)  Of the $50 fee received from a licensee for

11  reinstatement following a revocation or disqualification, the

12  department shall deposit $35 in the General Revenue Fund and

13  the remaining $15 in the Highway Safety Operating Trust Fund.

14

15  If the revocation or suspension of the driver's license was

16  for a violation of s. 316.193, or for refusal to submit to a

17  lawful breath, blood, or urine test, an additional fee of $105

18  must be charged.  However, only one such $105 fee is to be

19  collected from one person convicted of such violations arising

20  out of the same incident.  The department shall collect the

21  $105 fee and deposit it into the Highway Safety Operating

22  Trust Fund at the time of reinstatement of the person's

23  driver's license, but the fee must not be collected if the

24  suspension or revocation was overturned.

25         Section 205.  Subsection (3) of section 322.121,

26  Florida Statutes, is amended to read:

27         322.121  Periodic reexamination of all drivers.--

28         (3)  For each licensee whose driving record does not

29  show any revocations, disqualifications, or suspensions for

30  the preceding 7 years or any convictions for the preceding 3

31

                                 110

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  years except for convictions of the following nonmoving

  2  violations:

  3         (a)  Failure to exhibit a vehicle registration

  4  certificate, rental agreement, or cab card pursuant to s.

  5  320.0605 s. 320.0605(1);

  6         (b)  Failure to renew a motor vehicle or mobile home

  7  registration that has been expired for 4 months or less

  8  pursuant to s. 320.07(3)(a);

  9         (c)  Operating a motor vehicle with an expired license

10  that has been expired for 4 months or less pursuant to s.

11  322.065;

12         (d)  Failure to carry or exhibit a license pursuant to

13  s. 322.15(1); or

14         (e)  Failure to notify the department of a change of

15  address or name within 10 days pursuant to s. 322.19,

16

17  the department shall cause such licensee's license to be

18  prominently marked with the notation "Safe Driver."

19         Section 206.  Paragraph (a) of subsection (2) of

20  section 322.141, Florida Statutes, is amended to read:

21         322.141  Color of licenses.--

22         (2)(a)  Effective January 1, 1990, All licenses for the

23  operation of motor vehicles originally issued or reissued by

24  the department to persons who have insulin-dependent diabetes

25  may, at the request of the applicant, have distinctive

26  markings separate and distinct from all other licenses issued

27  by the department.

28         Section 207.  Subsection (4) is added to section

29  322.15, Florida Statutes, to read:

30         322.15  License to be carried and exhibited on demand;

31  fingerprint to be imprinted upon a citation.--

                                 111

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (4)  A violation of subsection (1) is a noncriminal

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 208.  Subsections (2), (3), and (7) of section

  5  322.20, Florida Statutes, are amended to read:

  6         322.20  Records of the department; fees; destruction of

  7  records.--

  8         (2)  The department shall also maintain a record of all

  9  crash accident reports, abstracts of court records of

10  convictions, and notices of revocation or suspension of a

11  person's driver's license or driving privilege.

12         (3)  The department shall maintain convenient records

13  or make suitable notations, in order that the individual

14  driver history record of each licensee is readily available

15  for the consideration of the department upon application for

16  renewal of a license and at other suitable times.  The release

17  by the department of the driver history record, with respect

18  to crashes accidents involving a licensee, shall not include

19  any notation or record of the occurrence of a motor vehicle

20  crash accident unless the licensee received a traffic citation

21  as a direct result of the crash accident, and to this extent

22  such notation or record is exempt from the provisions of s.

23  119.07(1).

24         (7)  The requirement for the department to keep records

25  shall terminate upon the death of an individual licensed by

26  the department upon notification by the Department of Health

27  and Rehabilitative Services of such death.  The department

28  shall make such notification as is proper of the deletions

29  from their records to the court clerks of the state.

30         Section 209.  Section 322.201, Florida Statutes, is

31  amended to read:

                                 112

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         322.201  Records as evidence.--A copy, computer copy,

  2  or transcript of all abstracts of crash accident reports and

  3  all abstracts of court records of convictions received by the

  4  department and the complete driving record of any individual

  5  duly certified by machine imprint of the department or by

  6  machine imprint of the clerk of a court shall be received as

  7  evidence in all courts of this state without further

  8  authentication, provided the same is otherwise admissible in

  9  evidence.  Further, any court or the office of the clerk of

10  any court of this state which is electronically connected by a

11  terminal device to the computer data center of the department

12  may use as evidence in any case the information obtained by

13  this device from the records of the department without need of

14  such certification; however, if a genuine issue as to the

15  authenticity of such information is raised by a party or by

16  the court, the court in its sound discretion may require that

17  a record certified by the department be submitted for

18  admission into evidence.  For such computer copies generated

19  by a terminal device of a court or clerk of court, entry in a

20  driver's record that the notice required by s. 322.251 was

21  given shall constitute sufficient evidence that such notice

22  was given.

23         Section 210.  Paragraph (a) of subsection (2) of

24  section 322.221, Florida Statutes, is amended to read:

25         322.221  Department may require reexamination.--

26         (2)(a)  The department may require an examination or

27  reexamination to determine the competence and driving ability

28  of any driver causing or contributing to the cause of any

29  crash accident resulting in death, personal injury, or

30  property damage.

31

                                 113

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 211.  Subsection (4) of section 322.26, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         322.26  Mandatory revocation of license by

  4  department.--The department shall forthwith revoke the license

  5  or driving privilege of any person upon receiving a record of

  6  such person's conviction of any of the following offenses:

  7         (4)  Failure to stop and render aid as required under

  8  the laws of this state in the event of a motor vehicle crash

  9  accident resulting in the death or personal injury of another.

10         Section 212.  Section 322.264, Florida Statutes, is

11  reenacted and amended to read:

12         322.264  "Habitual traffic offender" defined.--A

13  "habitual traffic offender" is any person whose record, as

14  maintained by the Department of Highway Safety and Motor

15  Vehicles, shows that such person has accumulated the specified

16  number of convictions for offenses described in subsection (1)

17  or subsection (2) within a 5-year period:

18         (1)  Three or more convictions of any one or more of

19  the following offenses arising out of separate acts:

20         (a)  Voluntary or involuntary manslaughter resulting

21  from the operation of a motor vehicle;

22         (b)  Any violation of s. 316.193, former s. 316.1931,

23  or former s. 860.01;

24         (c)  Any felony in the commission of which a motor

25  vehicle is used;

26         (d)  Driving a motor vehicle while his or her license

27  is suspended or revoked;

28         (e)  Failing to stop and render aid as required under

29  the laws of this state in the event of a motor vehicle crash

30  accident resulting in the death or personal injury of another;

31  or

                                 114

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (f)  Driving a commercial motor vehicle while his or

  2  her privilege is disqualified.

  3         (2)  Fifteen convictions for moving traffic offenses

  4  for which points may be assessed as set forth in s. 322.27,

  5  including those offenses in subsection (1).

  6

  7  Any violation of any federal law, any law of another state or

  8  country, or any valid ordinance of a municipality or county of

  9  another state similar to a statutory prohibition specified in

10  subsection (1) or subsection (2) shall be counted as a

11  violation of such prohibition.  In computing the number of

12  convictions, all convictions during the 5 years previous to

13  July 1, 1972, will be used, provided at least one conviction

14  occurs after that date.  The fact that previous convictions

15  may have resulted in suspension, revocation, or

16  disqualification under another section does not exempt them

17  from being used for suspension or revocation under this

18  section as a habitual offender.

19         Section 213.  Subsections (1) and (3) of section

20  322.27, Florida Statutes, are amended to read:

21         322.27  Authority of department to suspend or revoke

22  license.--

23         (1)  Notwithstanding any provisions to the contrary in

24  chapter 120, the department is hereby authorized to suspend

25  the license of any person without preliminary hearing upon a

26  showing of its records or other sufficient evidence that the

27  licensee:

28         (a)  Has committed an offense for which mandatory

29  revocation of license is required upon conviction; or

30         (b)  Has been convicted of a violation of any traffic

31  law which resulted in a crash an accident that caused the

                                 115

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  death or personal injury of another or property damage in

  2  excess of $500; or

  3         (c)  Is incompetent to drive a motor vehicle; or

  4         (d)  Has permitted an unlawful or fraudulent use of

  5  such license or has knowingly been a party to the obtaining of

  6  a license by fraud or misrepresentation or to display, or

  7  represent as one's own, any driver's license not issued him or

  8  her.  Provided, however, no provision of this section shall be

  9  construed to include the provisions of s. 322.32(1); or

10         (e)  Has committed an offense in another state which if

11  committed in this state would be grounds for suspension or

12  revocation; or

13         (f)  Has committed a second or subsequent violation of

14  s. 316.172(1) within a 5-year period of any previous

15  violation.

16         (3)  There is established a point system for evaluation

17  of convictions of violations of motor vehicle laws or

18  ordinances, and violations of applicable provisions of s.

19  403.413(6)(b)(5)(b) when such violations involve the use of

20  motor vehicles, for the determination of the continuing

21  qualification of any person to operate a motor vehicle. The

22  department is authorized to suspend the license of any person

23  upon showing of its records or other good and sufficient

24  evidence that the licensee has been convicted of violation of

25  motor vehicle laws or ordinances, or applicable provisions of

26  s. 403.413(6)(b)(5)(b), amounting to 12 or more points as

27  determined by the point system. The suspension shall be for a

28  period of not more than 1 year.

29         (a)  When a licensee accumulates 12 points within a

30  12-month period, the period of suspension shall be for not

31  more than 30 days.

                                 116

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (b)  When a licensee accumulates 18 points, including

  2  points upon which suspension action is taken under paragraph

  3  (a), within an 18-month period, the suspension shall be for a

  4  period of not more than 3 months.

  5         (c)  When a licensee accumulates 24 points, including

  6  points upon which suspension action is taken under paragraphs

  7  (a) and (b), within a 36-month period, the suspension shall be

  8  for a period of not more than 1 year.

  9         (d)  The point system shall have as its basic element a

10  graduated scale of points assigning relative values to

11  convictions of the following violations:

12         1.  Reckless driving, willful and wanton--4 points.

13         2.  Leaving the scene of a crash an accident resulting

14  in property damage of more than $50--6 points.

15         3.  Unlawful speed resulting in a crash an accident--6

16  points.

17         4.  Passing a stopped school bus--4 points.

18         5.  Unlawful speed:

19         a.  Not in excess of 15 miles per hour of lawful or

20  posted speed--3 points.

21         b.  In excess of 15 miles per hour of lawful or posted

22  speed--4 points.

23         6.  All other moving violations (including parking on a

24  highway outside the limits of a municipality)--3 points.

25  However, no points shall be imposed for a violation of s.

26  316.0741 or s. 316.2065(12).

27         7.  Any moving violation covered above, excluding

28  unlawful speed, resulting in a crash an accident--4 points.

29         8.  Any conviction under s. 403.413(5)(b)--3 points.

30         (e)  A conviction in another state of a violation

31  therein which, if committed in this state, would be a

                                 117

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  violation of the traffic laws of this state, or a conviction

  2  of an offense under any federal law substantially conforming

  3  to the traffic laws of this state, except a violation of s.

  4  322.26, may be recorded against a driver on the basis of the

  5  same number of points received had the conviction been made in

  6  a court of this state.

  7         (f)  In computing the total number of points, when the

  8  licensee reaches the danger zone, the department is authorized

  9  to send the licensee a warning letter advising that any

10  further convictions may result in suspension of his or her

11  driving privilege.

12         (g)  The department shall administer and enforce the

13  provisions of this law and may make rules and regulations

14  necessary for its administration.

15         (h)  Three points shall be deducted from the driver

16  history record of any person whose driving privilege has been

17  suspended only once pursuant to this subsection and has been

18  reinstated, if such person has complied with all other

19  requirements of this chapter.

20         (i)  This subsection shall not apply to persons

21  operating a nonmotorized vehicle for which a driver's license

22  is not required.

23         Section 214.  Paragraph (a) of subsection (1) of

24  section 322.291, Florida Statutes, is amended to read:

25         322.291  Driver improvement schools; required in

26  certain suspension and revocation cases.--Except as provided

27  in s. 322.03(2), any person:

28         (1)  Whose driving privilege has been revoked:

29         (a)  Upon conviction for:

30         1.  Driving, or being in actual physical control of,

31  any vehicle while under the influence of alcoholic beverages,

                                 118

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  any chemical substance set forth in s. 877.111, or any

  2  substance controlled under chapter 893, in violation of s.

  3  316.193;

  4         2.  Driving with an unlawful blood- or breath-alcohol

  5  level;

  6         3.  Manslaughter resulting from the operation of a

  7  motor vehicle;

  8         4.  Failure to stop and render aid as required under

  9  the laws of this state in the event of a motor vehicle crash

10  accident resulting in the death or personal injury of another;

11         5.  Reckless driving; or

12

13  shall, before the driving privilege may be reinstated, present

14  to the department proof of enrollment in a department-approved

15  advanced driver improvement course or substance abuse

16  education course. If the person fails to complete such course

17  within 90 days after reinstatement, the driver's license shall

18  be canceled by the department until such course is

19  successfully completed.

20         Section 215.  Section 322.292, Florida Statutes, is

21  amended to read:

22         322.292  DUI programs supervision; powers and duties of

23  the department.--

24         (1)  The Department of Highway Safety and Motor

25  Vehicles shall license and regulate all DUI programs, which

26  regulation shall include the certification of instructors,

27  evaluators, clinical supervisors, and evaluator supervisors.

28  The department shall, after consultation with the chief judge

29  of the affected judicial circuit, establish requirements

30  regarding the number of programs to be offered within a

31  judicial circuit.  Such requirements shall address the number

                                 119

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  of clients currently served in the circuit as well as

  2  improvements in service that may be derived from operation of

  3  an additional DUI program.  DUI education and evaluation

  4  services are exempt from licensure under chapter chapters 396

  5  and 397.  However, treatment programs must continue to be

  6  licensed under chapter chapters 396 and 397.

  7         (2)  The department shall adopt rules to implement its

  8  supervisory authority over DUI programs in accordance with the

  9  procedures of chapter 120, including the establishment of

10  uniform standards of operation for DUI programs and the method

11  for setting and approving fees, as follows:

12         (a)  Establish rules minimum standards for statutorily

13  required education, evaluation, and supervision of DUI

14  offenders.  Such rules minimum standards previously adopted by

15  the Traffic Court Review Committee of the Supreme Court of

16  Florida shall remain in effect unless modified by the

17  department.

18         (b)  Establish rules minimum standards for the

19  administration and financial management of DUI programs,

20  including, but not limited to:

21         1.  Rules Standards governing the types of expenditures

22  that may be made by DUI programs from funds paid by persons

23  attending such programs.

24         2.  Rules Standards for financial reporting that

25  require data on DUI programs expenditures in sufficient detail

26  to support reasonable and informed decisions concerning the

27  fees that are to be assessed those attending DUI programs.

28  The department shall perform financial audits of DUI programs

29  required under this section or require that financial audits

30  of the programs be performed by certified public accountants

31

                                 120

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  at program expense and submitted directly from the auditor to

  2  the department.

  3         3.  Rules for Standards of reciprocity in relation to

  4  DUI programs in other states or countries that have programs

  5  similar to the DUI programs licensed by the department.

  6         4.  Such other rules standards as the department deems

  7  appropriate and necessary for the effective oversight of the

  8  DUI programs.

  9         (c)  Implement procedures for the granting and revoking

10  of licenses for DUI programs.

11         (d)  Establish a fee structure for the various programs

12  offered by the DUI programs, based only on the reasonable and

13  necessary costs for operating the programs throughout the

14  state. The department shall approve, modify, or reduce fees as

15  necessary. The DUI programs fees that are in effect on January

16  1, 1994, shall remain in effect until the department adopts a

17  fee schedule for the DUI programs system. After the adoption

18  of the schedule, the programs shall adjust their fees to

19  conform with the established amounts.

20         (e)  Establish policies and procedures for monitoring

21  DUI programs compliance with all rules minimum standards

22  established by the department.

23         (f)  The department shall oversee an ongoing evaluation

24  to assess the effectiveness of the DUI programs.  This

25  evaluation shall be performed by an independent group and

26  shall evaluate the curriculum, client treatment referrals,

27  recidivism rates, and any other relevant matters.  The

28  department shall report to the Legislature by January 1, 1995,

29  on the status of the evaluation, including its design and

30  schedule for completion. The department may use funds received

31  under s. 322.293 to retain the services and reimburse expenses

                                 121

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  of such private persons or professional consultants as are

  2  required for monitoring and evaluating DUI programs.

  3         (g)  Investigate complaints about the DUI programs and

  4  resolve problems in the provision of services to DUI

  5  offenders, as needed.

  6         (3)  All DUI programs and certified program personnel

  7  providing DUI programs services that meet the department's

  8  standards and that are operating on January 1, 1994, may

  9  remain in operation until the department's license procedures

10  are in place. At that time the DUI programs and certified

11  program personnel may apply for relicensure.

12         (4)  DUI programs shall be either governmental programs

13  or not-for-profit corporations.

14         (5)  The department shall report to the Supreme Court

15  by December 1, 1994, and by December 31 of each succeeding

16  year through 1996, on the general status of the statewide

17  program. This report must include programmatic and statistical

18  information regarding the number of licensed programs,

19  enrollment and referral figures, program monitoring and

20  evaluation activities, and findings, and the general steps

21  taken by the department to implement the provisions of this

22  section.

23         Section 216.  Section 322.293, Florida Statutes, is

24  amended to read:

25         322.293  DUI Programs Coordination Trust Fund;

26  assessment; disposition.--

27         (1)  The DUI Programs Coordination Trust Fund, created

28  pursuant to chapter 81-208, Laws of Florida, shall be

29  transferred to the department with all funds therein on

30  January 1, 1994.  The DUI Programs Coordination Office shall

31  be transferred from the budget of the Supreme Court to the

                                 122

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  Department of Highway Safety and Motor Vehicles Division of

  2  Driver Licenses.  The transfer shall include all of the

  3  statutory powers, duties and functions, records, personnel,

  4  property, and unexpended balances of appropriations,

  5  allocations, and other funds.  All personnel shall be

  6  transferred at their current classifications and levels of

  7  compensation.  Any legal commitments, contracts, and other

  8  obligations heretofore entered into on behalf of or assumed by

  9  the DUI Programs Coordination Office in connection with the

10  performance of its functions and duties are charged to and

11  shall be performed by the department.

12         (2)  The DUI Programs Coordination Trust Fund shall be

13  administered by the department, and the costs of

14  administration shall be borne by the fund.  All funds received

15  by the DUI Programs Coordination Trust Fund shall be used

16  solely for the purposes set forth in this section and s.

17  322.292.  However, if the Legislature passes legislation

18  consolidating existing trust funds assigned to the department,

19  all funds remaining in and deposited to the DUI Programs

20  Coordination Trust Fund shall be transferred to the

21  consolidated trust funds, subject to their being earmarked for

22  use solely for the purposes set forth in this section and s.

23  322.292.

24         (2)(3)  Each DUI program shall assess $12 against each

25  person enrolling in a DUI program at the time of enrollment,

26  including persons who transfer to or from a program in another

27  state.  In addition, second and third offenders and those

28  offenders under permanent driver's-license revocation who are

29  evaluated for eligibility for license restrictions under s.

30  322.271(2)(b) and (4) shall be assessed $12 upon enrollment in

31  the program and upon each subsequent anniversary date while

                                 123

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  they are in the program, for the duration of the license

  2  period.

  3         (3)(4)  All assessments collected under this section

  4  shall be forwarded to the DUI Programs Coordination Trust Fund

  5  within 30 days after the last day of the month in which the

  6  assessment was received.

  7         Section 217.  Section 322.44, Florida Statutes, is

  8  amended to read:

  9         322.44  Driver License Compact.--The Driver License

10  Compact is hereby enacted into law and entered into with all

11  other jurisdictions legally joining therein in the form

12  substantially as follows:

13

14                            ARTICLE I

15

16         FINDINGS AND DECLARATION OF POLICY.--

17         (1)  The party states find that:

18         (a)  The safety of their streets and highways is

19  materially affected by the degree of compliance with state

20  laws and local ordinances relating to the operation of motor

21  vehicles;

22         (b)  Violation of such a law or ordinance is evidence

23  that the violator engages in conduct which is likely to

24  endanger the safety of persons and property;

25         (c)  The continuance in force of a license to drive is

26  predicated upon compliance with laws and ordinances relating

27  to the operation of motor vehicles, in whichever jurisdiction

28  the vehicle is operated.

29         (2)  It is the policy of each of the party states to:

30         (a)  Promote compliance with the laws, ordinances, and

31  administrative rules and regulations relating to the operation

                                 124

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  of motor vehicles by their operators in each of the

  2  jurisdictions where such operators drive motor vehicles;

  3         (b)  Make the reciprocal recognition of licenses to

  4  drive and eligibility therefor more just and equitable by

  5  considering the overall compliance with motor vehicle laws,

  6  ordinances, and administrative rules and regulations as a

  7  condition precedent to the continuance or issuance of any

  8  license by reason of which the licensee is authorized or

  9  permitted to operate a motor vehicle in any of the party

10  states.

11

12                            ARTICLE II

13

14         DEFINITIONS.--As used in this compact:

15         (1)  "State" means a state, territory or possession of

16  the United States, the District of Columbia, or the

17  Commonwealth of Puerto Rico.

18         (2)  "Home state" means the state which has issued and

19  has the power to suspend or revoke the use of the license or

20  permit to operate a motor vehicle.

21         (3)  "Conviction" means a conviction of any offense

22  related to the use or operation of a motor vehicle which is

23  prohibited by state law, municipal ordinance, or

24  administrative rule or regulation, or a forfeiture of bail,

25  bond, or other security deposited to secure appearance by a

26  person charged with having committed any such offense, and

27  which conviction or forfeiture is required to be reported to

28  the licensing authority.

29

30                           ARTICLE III

31

                                 125

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         REPORTS OF CONVICTION.--The licensing authority of a

  2  party state shall report each conviction of a person from

  3  another party state occurring within its jurisdiction to the

  4  licensing authority of the home state of the licensee. Such

  5  report shall clearly identify the person convicted; describe

  6  the violation specifying the section of the statute, code, or

  7  ordinance violated; identify the court in which action was

  8  taken; indicate whether a plea of guilty or not guilty was

  9  entered or the conviction was a result of the forfeiture of

10  bail, bond, or other security; and shall include any special

11  findings made in connection therewith.

12

13                            ARTICLE IV

14

15         EFFECT OF CONVICTION.--

16         (1)  The licensing authority in the home state, for the

17  purposes of suspension, revocation, or limitation of the

18  license to operate a motor vehicle, shall give the same effect

19  to the conduct reported, pursuant to article III, as it would

20  if such conduct had occurred in the home state, in the case of

21  convictions for:

22         (a)  Manslaughter or negligent homicide resulting from

23  the operation of a motor vehicle, as provided by ss. 316.193

24  and 322.26;

25         (b)  Driving a motor vehicle while under the influence

26  of alcoholic beverages or a narcotic drug, or under the

27  influence of any other drug to a degree which renders the

28  driver incapable of safely driving a motor vehicle, as

29  provided by s. 316.193;

30         (c)  Any felony in the commission of which a motor

31  vehicle is used, as provided by s. 322.26; or

                                 126

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (d)  Failure to stop and render aid in the event of a

  2  motor vehicle crash accident resulting in the death or

  3  personal injury of another, as provided by s. 322.26.

  4         (2)  As to other convictions, reported pursuant to

  5  article III, the licensing authority in the home state shall

  6  give such effect to the conduct as is provided by the laws of

  7  the home state.

  8

  9                            ARTICLE V

10

11         APPLICATIONS FOR NEW LICENSES.--Upon application for a

12  license to drive, the licensing authority in a party state

13  shall ascertain whether the applicant has ever held, or is the

14  holder of, a license to drive issued by any other party state.

15  The licensing authority in the state where application is made

16  shall not issue a license to drive to the applicant if:

17         (1)  The applicant has held such a license, but the

18  same has been suspended by reason, in whole or in part, of a

19  violation and if such suspension period has not terminated.

20         (2)  The applicant has held such a license, but the

21  same has been revoked by reason, in whole or in part, of a

22  violation and if such revocation has not terminated, except

23  that after the expiration of 1 year from the date the license

24  was revoked, such person may make application for a new

25  license if permitted by law. The licensing authority may

26  refuse to issue a license to any such applicant if, after

27  investigation, the licensing authority determines that it will

28  not be safe to grant to such person the privilege of driving a

29  motor vehicle on the public highways.

30

31

                                 127

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (3)  The applicant is the holder of a license to drive

  2  issued by another party state and currently in force unless

  3  the applicant surrenders such license.

  4

  5                            ARTICLE VI

  6

  7         APPLICABILITY OF OTHER LAWS.--Except as expressly

  8  required by provisions of this compact, nothing contained

  9  herein shall be construed to affect the right of any party

10  state to apply any of its other laws relating to licenses to

11  drive to any person or circumstance, nor to invalidate or

12  prevent any driver license agreement or other cooperative

13  arrangement between a party state and a nonparty state.

14

15                           ARTICLE VII

16

17         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

18         (1)  The head of the licensing authority of each party

19  state shall be the administrator of this compact for his or

20  her state. The administrators, acting jointly, shall have the

21  power to formulate all necessary and proper procedures for the

22  exchange of information under this compact.

23         (2)  The administrator of each party state shall

24  furnish to the administrator of each other party state any

25  information or documents reasonably necessary to facilitate

26  the administration of this compact.

27

28                           ARTICLE VIII

29

30         ENTRY INTO FORCE AND WITHDRAWAL.--

31

                                 128

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (1)  This compact shall enter into force and become

  2  effective as to any state when it has enacted the same into

  3  law.

  4         (2)  Any party state may withdraw from this compact by

  5  enacting a statute repealing the same, but no such withdrawal

  6  shall take effect until 6 months after the executive head of

  7  the withdrawing state has given notice of the withdrawal to

  8  the executive heads of all other party states.  No withdrawal

  9  shall affect the validity or applicability by the licensing

10  authorities of states remaining party to the compact of any

11  report of conviction occurring prior to the withdrawal.

12

13                            ARTICLE IX

14

15         CONSTRUCTION AND SEVERABILITY.--This compact shall be

16  liberally construed so as to effectuate the purposes thereof.

17  The provisions of this compact shall be severable; and if any

18  phrase, clause, sentence, or provision of this compact is

19  declared to be contrary to the constitution of any party state

20  or of the United States or the applicability thereof to any

21  government, agency, person, or circumstance is held invalid,

22  the validity of the remainder of this compact and the

23  applicability thereof to any government, agency, person, or

24  circumstance shall not be affected thereby.  If this compact

25  shall be held contrary to the constitution of any state party

26  thereto, the compact shall remain in full force and effect as

27  to the remaining states and in full force and effect as to the

28  state affected as to all severable matters.

29         Section 218.  Paragraph (b) of subsection (1) of

30  section 322.57, Florida Statutes, is amended to read:

31

                                 129

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         322.57  Tests of knowledge concerning specified

  2  vehicles; endorsement; nonresidents; violations.--

  3         (1)  In addition to fulfilling any other driver's

  4  licensing requirements of this chapter, a person who:

  5         (b)  Drives a passenger vehicle must successfully

  6  complete a test of his or her knowledge concerning the safe

  7  operation of such vehicles and a test of his or her driving

  8  skill in such a vehicle. However, if such a person satisfies

  9  the requirements of s. 322.55(1)-(3), he or she is exempt from

10  the test of his or her driving skills.

11         Section 219.  Subsections (1) and (3) of section

12  322.61, Florida Statutes, are amended to read:

13         322.61  Disqualification from operating a commercial

14  motor vehicle.--

15         (1)  A person who, within a 3-year period, is convicted

16  of two of the following serious traffic violations or any

17  combination thereof, arising in separate incidents committed

18  in a commercial motor vehicle shall, in addition to any other

19  applicable penalties, be disqualified from operating a

20  commercial motor vehicle for a period of 60 days:

21         (a)  A violation of any state or local law relating to

22  motor vehicle traffic control, other than a parking violation,

23  a weight violation, or a vehicle equipment violation, arising

24  in connection with a crash an accident resulting in death or

25  personal injury to any person;

26         (b)  Reckless driving, as defined in s. 316.192;

27         (c)  Careless driving, as defined in s. 316.1925;

28         (d)  Fleeing or attempting to elude a law enforcement

29  officer, as defined in s. 316.1935;

30         (e)  Unlawful speed of 15 miles per hour or more above

31  the posted speed limit;

                                 130

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (f)  Driving a commercial motor vehicle, owned by such

  2  person, which is not properly insured;

  3         (g)  Improper lane change, as defined in s. 316.085; or

  4         (h)  Following too closely, as defined in s. 316.0895.

  5         (3)  Except as provided in subsection (4), any person

  6  who is convicted of one of the following offenses shall, in

  7  addition to any other applicable penalties, be disqualified

  8  from operating a commercial motor vehicle for a period of 1

  9  year:

10         (a)  Driving a commercial motor vehicle while he or she

11  is under the influence of alcohol or a controlled substance;

12         (b)  Driving a commercial motor vehicle while the

13  alcohol concentration of his or her blood, breath, or urine is

14  .04 percent or higher;

15         (c)  Leaving the scene of a crash an accident involving

16  a commercial motor vehicle driven by such person;

17         (d)  Using a commercial motor vehicle in the commission

18  of a felony;

19         (e)  Driving a commercial motor vehicle while in

20  possession of a controlled substance; or

21         (f)  Refusing to submit to a test to determine his or

22  her alcohol concentration while driving a commercial motor

23  vehicle.

24         Section 220.  Paragraph (c) of subsection (2) of

25  section 322.63, Florida Statutes, is amended to read:

26         322.63  Alcohol or drug testing; commercial motor

27  vehicle operators.--

28         (2)  The chemical and physical tests authorized by this

29  section shall only be required if a law enforcement officer

30  has reasonable cause to believe that a person driving a

31

                                 131

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  commercial motor vehicle has any alcohol, chemical substance,

  2  or controlled substance in his or her body.

  3         (c)  The blood test shall be administered at the

  4  request of a law enforcement officer who has reasonable cause

  5  to believe that a person was driving a commercial motor

  6  vehicle with any alcohol, chemical substance, or controlled

  7  substance in his or her body.  The blood test shall be

  8  performed in a reasonable manner by qualified medical

  9  personnel.  Any person who appears for treatment at a medical

10  facility as a result of his or her involvement as a commercial

11  motor vehicle driver in a crash an accident and who is

12  incapable, by reason of a mental or physical condition, of

13  refusing a blood test shall be deemed to have consented to

14  such test.

15         Section 221.  Section 324.011, Florida Statutes, is

16  amended to read:

17         324.011  Purpose of chapter.--It is the intent of this

18  chapter to recognize the existing privilege to own or operate

19  a motor vehicle on the public streets and highways of this

20  state when such vehicles are used with due consideration for

21  others and their property, and to promote safety and provide

22  financial security requirements for such owners or operators

23  whose responsibility it is to recompense others for injury to

24  person or property caused by the operation of a motor vehicle.

25  Therefore, it is required herein that the operator of a motor

26  vehicle involved in a crash an accident or convicted of

27  certain traffic offenses meeting the operative provisions of

28  s. 324.051(2) shall respond for such damages and show proof of

29  financial ability to respond for damages in future accidents

30  as a requisite to his or her future exercise of such

31  privileges.

                                 132

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 222.  Subsection (7) of section 324.021,

  2  Florida Statutes, is amended to read:

  3         324.021  Definitions; minimum insurance required.--The

  4  following words and phrases when used in this chapter shall,

  5  for the purpose of this chapter, have the meanings

  6  respectively ascribed to them in this section, except in those

  7  instances where the context clearly indicates a different

  8  meaning:

  9         (7)  PROOF OF FINANCIAL RESPONSIBILITY.--That proof of

10  ability to respond in damages for liability on account of

11  crashes accidents arising out of the use of a motor vehicle:

12         (a)  In the amount of $10,000 because of bodily injury

13  to, or death of, one person in any one crash accident;

14         (b)  Subject to such limits for one person, in the

15  amount of $20,000 because of bodily injury to, or death of,

16  two or more persons in any one crash accident;

17         (c)  In the amount of $10,000 because of injury to, or

18  destruction of, property of others in any one crash accident;

19  and

20         (d)  With respect to commercial motor vehicles and

21  nonpublic sector buses, in the amounts specified in ss.

22  627.7415 and 627.742, respectively.

23         Section 223.  Section 324.022, Florida Statutes, is

24  amended to read:

25         324.022  Financial responsibility for property

26  damage.--Every owner or operator of a motor vehicle, which

27  motor vehicle is subject to the requirements of ss.

28  627.730-627.7405 and required to be registered in this state,

29  shall, by one of the methods established in s. 324.031 or by

30  having a policy that complies with s. 627.7275, establish and

31  maintain the ability to respond in damages for liability on

                                 133

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  account of accidents arising out of the use of the motor

  2  vehicle in the amount of $10,000 because of damage to, or

  3  destruction of, property of others in any one crash accident.

  4  The requirements of this section may also be met by having a

  5  policy which provides coverage in the amount of at least

  6  $30,000 for combined property damage liability and bodily

  7  injury liability for any one crash accident arising out of the

  8  use of the motor vehicle.  No insurer shall have any duty to

  9  defend uncovered claims irrespective of their joinder with

10  covered claims.

11         Section 224.  Section 324.051, Florida Statutes, is

12  amended to read:

13         324.051  Reports of crashes accidents; suspensions of

14  licenses and registrations.--

15         (1)(a)  Every law enforcement officer who, in the

16  regular course of duty either at the time of and at the scene

17  of the crash accident or thereafter by interviewing

18  participants or witnesses, investigates a motor vehicle crash

19  accident which he or she is required to report pursuant to s.

20  316.066(3)(a) shall forward a written report of the crash

21  accident to the department within 10 days of completing the

22  investigation. However, when the investigation of a crash an

23  accident will take more than 10 days to complete, a

24  preliminary copy of the crash accident report shall be

25  forwarded to the department within 10 days of the occurrence

26  of the crash accident, to be followed by a final report within

27  10 days after completion of the investigation. The report

28  shall be on a form and contain information consistent with the

29  requirements of s. 316.068.

30         (b)  The department is hereby further authorized to

31  require reports of crashes accidents from individual owners or

                                 134

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  operators whenever it deems it necessary for the proper

  2  administration of this chapter, and these reports shall be

  3  made without prejudice except as specified in this subsection.

  4  No such report shall be used as evidence in any trial arising

  5  out of a crash an accident.  However, subject to the

  6  applicable rules of evidence, a law enforcement officer at a

  7  criminal trial may testify as to any statement made to the

  8  officer by the person involved in the accident if that

  9  person's privilege against self-incrimination is not violated.

10         (2)(a)  Thirty days after receipt of notice of any

11  accident described in paragraph (1)(a) involving a motor

12  vehicle within this state, the department shall suspend, after

13  due notice and opportunity to be heard, the license of each

14  operator and all registrations of the owner of the vehicles

15  operated by such operator whether or not involved in such

16  crash accident and, in the case of a nonresident owner or

17  operator, shall suspend such nonresident's operating privilege

18  in this state, unless such operator or owner shall, prior to

19  the expiration of such 30 days, be found by the department to

20  be exempt from the operation of this chapter, based upon

21  evidence satisfactory to the department that:

22         1.  The motor vehicle was legally parked at the time of

23  such crash accident.

24         2.  The motor vehicle was owned by the United States

25  Government, this state, or any political subdivision of this

26  state or any municipality therein.

27         3.  Such operator or owner has secured a duly

28  acknowledged written agreement providing for release from

29  liability by all parties injured as the result of said crash

30  accident and has complied with one of the provisions of s.

31  324.031.

                                 135

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         4.  Such operator or owner has deposited with the

  2  department security to conform with s. 324.061 when applicable

  3  and has complied with one of the provisions of s. 324.031.

  4         5.  One year has elapsed since such owner or operator

  5  was suspended pursuant to subsection (3), the owner or

  6  operator has complied with one of the provisions of s.

  7  324.031, and no bill of complaint of which the department has

  8  notice has been filed in a court of competent jurisdiction.

  9         (b)  This subsection shall not apply:

10         1.  To such operator or owner if such operator or owner

11  had in effect at the time of such crash accident or traffic

12  conviction an automobile liability policy with respect to all

13  of the registered motor vehicles owned by such operator or

14  owner.

15         2.  To such operator, if not the owner of such motor

16  vehicle, if there was in effect at the time of such crash

17  accident or traffic conviction an automobile liability policy

18  or bond with respect to his or her operation of motor vehicles

19  not owned by him or her.

20         3.  To such operator or owner if the liability of such

21  operator or owner for damages resulting from such crash

22  accident is, in the judgment of the department, covered by any

23  other form of liability insurance or bond.

24         4.  To any person who has obtained from the department

25  a certificate of self-insurance, in accordance with s.

26  324.171, or to any person operating a motor vehicle for such

27  self-insurer.

28

29  No such policy or bond shall be effective under this

30  subsection unless it contains limits of not less than those

31  specified in s. 324.021(7).

                                 136

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (3)  Any driver's license or registration certificate

  2  or certificates and registration plates which are suspended as

  3  provided for in this section shall remain suspended for a

  4  period of 3 years unless reinstated as otherwise provided in

  5  this chapter.

  6         Section 225.  Subsections (1) and (2) of section

  7  324.061, Florida Statutes, are amended to read:

  8         324.061  Security deposited with Department of Highway

  9  Safety and Motor Vehicles; release.--

10         (1)  Security deposited pursuant to the provisions of

11  s. 324.051(2)(a)4. with respect to claims for injuries to

12  persons or properties resulting from a crash an accident

13  occurring prior to such deposit shall be in the form and

14  amount determined by the department which, in its judgment,

15  will be sufficient to compensate for all injuries arising out

16  of such crash accident, but in no case shall the amount exceed

17  the limits as specified in s. 324.021(7).

18         (2)  Such security shall be deposited with the

19  department and shall not be released except under one of the

20  following conditions:

21         (a)  A duly attested written statement of satisfaction

22  by all parties shown to be injured in such crash accident has

23  been received by the department., or

24         (b)  In the event the depositor has been finally

25  adjudicated by a court of competent jurisdiction not to be

26  liable; or all judgments of liability against the depositor

27  have been satisfied., or

28         (c)  One year shall have elapsed after deposit and

29  during such period the department has not been duly notified

30  of any court action brought for damages.

31

                                 137

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (d)  Upon receipt of an order from a court ordering

  2  that such deposit be paid to satisfy a recorded judgment, in

  3  whole or in part, resulting from a crash an accident.  If the

  4  department does not have sufficient funds on deposit to

  5  satisfy such judgment it shall forthwith call upon the

  6  judgment debtor for the balance, subject to the limits

  7  specified in s. 324.021(7). Upon failure of the judgment

  8  debtor to make the necessary deposit or to satisfy the

  9  judgment in full, the department shall revoke the driving

10  privilege and all registrations of such judgment debtor within

11  10 days subsequent to notification to the judgment debtor by

12  the department.

13         (e)  In any case in which securities deposited under

14  this section have remained unclaimed for 5 years or more such

15  deposit shall be transferred by the department to the State

16  School Fund, and all interest and income that may accrue from

17  said deposits after the aforesaid period of time, shall belong

18  to said fund.

19         Section 226.  Subsections (1) and (3) of section

20  324.081, Florida Statutes, are amended to read:

21         324.081  Nonresident owner or operator.--

22         (1)  The department  may establish reciprocal

23  agreements with any other states for the purpose of fulfilling

24  the provisions of this chapter and pursuant to such agreements

25  may suspend the license and registration of a resident of this

26  state involved in a crash an accident in another state.

27         (3)  Upon receipt of such certification that the

28  operating privilege of a resident of this state has been

29  suspended or revoked in any such other reciprocating state

30  pursuant to a law providing for its suspension or revocation

31  for failure to deposit security for the payment of judgments

                                 138

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  arising out of a motor vehicle crash accident, under

  2  circumstances which would require the department to suspend a

  3  nonresident's operating privilege had the crash accident

  4  occurred in this state, the department shall suspend the

  5  license of such resident if he or she was the operator, and

  6  all of his or her registrations if he or she was the owner of

  7  a motor vehicle involved in such crash accident.  Such

  8  suspension shall continue until such resident furnishes

  9  evidence of his or her compliance with the law of such other

10  state relating to the deposit of such security.

11         Section 227.  Subsection (1) of section 324.091,

12  Florida Statutes, is amended to read:

13         324.091  Notice to department; notice to insurer.--

14         (1)  Each owner and operator involved in a crash an

15  accident or conviction case within the purview of this chapter

16  shall furnish evidence of automobile liability insurance,

17  motor vehicle liability insurance, or surety bond within 30

18  days from the date of the mailing of notice of crash accident

19  by the department in such form and manner as it may designate.

20  Upon receipt of evidence that an automobile liability policy,

21  motor vehicle liability policy, or surety bond was in effect

22  at the time of the crash accident or conviction case, the

23  department shall forward by United States mail, postage

24  prepaid, to the insurer or surety insurer a copy of such

25  information and shall assume that such policy or bond was in

26  effect unless the insurer or surety insurer shall notify the

27  department otherwise within 20 days from the mailing of the

28  notice to the insurer or surety insurer; provided that if the

29  department shall later ascertain that an automobile liability

30  policy, motor vehicle liability policy, or surety bond was not

31  in effect and did not provide coverage for both the owner and

                                 139

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  the operator, it shall at such time take such action as it is

  2  otherwise authorized to do under this chapter.  Proof of

  3  mailing to the insurer or surety insurer may be made by the

  4  department by naming the insurer or surety insurer to whom

  5  such mailing was made and specifying the time, place and

  6  manner of mailing.

  7         Section 228.  Section 324.101, Florida Statutes, is

  8  amended to read:

  9         324.101  Compliance before license or registration

10  allowed.--In case the operator or owner of a motor vehicle

11  involved in a crash an accident within the state has no

12  license or registration, he or she shall not be allowed a

13  license or registration until he or she has complied with the

14  requirements of this chapter to the same extent that would be

15  necessary, if at the time of the crash accident he or she had

16  held a license and registration.

17         Section 229.  Subsection (1) of section 324.202,

18  Florida Statutes, is amended to read:

19         324.202  Seizure of motor vehicle license plates by

20  recovery agents.--

21         (1)  The Department of Highway Safety and Motor

22  Vehicles shall implement a pilot project in Broward County,

23  Dade County, and Hillsborough County to determine the

24  effectiveness of using recovery agents for the seizure of

25  license plates.  On October 1, 1996, the department shall

26  provide a report to the President of the Senate, the Speaker

27  of the House of Representatives, the chair of the Senate

28  Commerce Committee, the chair of the House Insurance

29  Committee, and the Majority and Minority Leaders of the Senate

30  and the House of Representatives, on the results of the pilot

31  project. Licensed recovery agents and recovery agencies as

                                 140

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  described in s. 493.6101(20) and (21) may seize license plates

  2  of motor vehicles whose registrations have been suspended

  3  pursuant to s. 316.646 or s. 627.733 in such counties upon

  4  compliance with this section and rules of the Department of

  5  Highway Safety and Motor Vehicles.

  6         Section 230.  Sections 325.01, 325.02, 325.03, 325.04,

  7  325.05, 325.06, 325.07, 325.08, 325.09, and 325.10, Florida

  8  Statutes, are repealed.

  9         Section 231.  Subsection (2) of section 325.209,

10  Florida Statutes, is amended to read:

11         325.209  Waivers.--

12         (2)  Before a waiver may be issued, the following

13  criteria must be met:

14         (a)  The motor vehicle owner must present evidence

15  satisfactory to the department that a low emissions

16  adjustment, as defined by rule of the Department of

17  Environmental Protection, has been performed;

18         (b)  The motor vehicle must not have been tampered with

19  by either the current owner or any previous owner;

20         (c)  The owner must have spent the required minimum

21  amount for emissions-related repairs on the vehicle within the

22  180-day 90-day period prescribed in s. 325.203(1), not

23  including the amount spent to repair or replace air pollution

24  control equipment that has been tampered with.

25  Emissions-related repairs performed within 30 days prior to

26  inspection may also be considered under this provision. For

27  any vehicle the registration period for which is established

28  under s. 320.055(4) or (5), the required minimum amount for

29  emissions-related repairs must be spent by the owner within

30  180 90 days before the expiration of the registration period.

31

                                 141

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1  The required minimum amount that must have been spent on

  2  related repairs is:

  3         1.  For motor vehicles designated as model years 1975

  4  through 1979: $100; and

  5         2.  For motor vehicles designated as model year 1980

  6  and thereafter: $200;

  7         (d)  Repairs and adjustments provided for in paragraphs

  8  (a) and (c) must have caused substantial improvement in the

  9  emissions performance of the motor vehicle; and

10         (e)  The motor vehicle must not be covered under any

11  manufacturer's or federally mandated emissions warranty.

12         Section 232.  Subsection (2) of section 325.212,

13  Florida Statutes, is reenacted to read:

14         325.212  Reinspections; reinspection facilities; rules;

15  minority business participation.--

16         (2)  Any motor vehicle repair shop, as defined in s.

17  559.903(7), may apply to the department, on a form approved by

18  the department, to be licensed as a reinspection facility to

19  reinspect motor vehicles which fail to pass inspections

20  required by this act.

21         Section 233.  Subsection (1) of section 328.17, Florida

22  Statutes, is reenacted to read:

23         328.17  Nonjudicial sale of vessels.--

24         (1)  It is the intent of the Legislature that any

25  nonjudicial sale of any unclaimed vessel held for unpaid costs

26  of repairs, improvements, or other work and related storage

27  charges, or any vessel held for failure to pay removal costs

28  pursuant to s. 327.53(7), or any undocumented vessel in

29  default of marina storage fees be disposed of pursuant to the

30  provisions of this section.

31

                                 142

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         Section 234.  Section 627.7415, Florida Statutes, is

  2  amended to read:

  3         627.7415  Commercial motor vehicles; additional

  4  liability insurance coverage.--Commercial motor vehicles, as

  5  defined in s. 207.002(2) or s. 320.01, operated upon the roads

  6  and highways of this state shall be insured with the following

  7  minimum levels of combined bodily liability insurance and

  8  property damage liability insurance in addition to any other

  9  insurance requirements:

10         (1)  Fifty thousand dollars per occurrence for a

11  commercial motor vehicle with a gross vehicle weight of 26,000

12  pounds or more, but less than 35,000 pounds.

13         (2)  One hundred thousand dollars per occurrence for a

14  commercial motor vehicle with a gross vehicle weight of 35,000

15  pounds or more, but less than 44,000 pounds.

16         (3)  Three hundred thousand dollars per occurrence for

17  a commercial motor vehicle with a gross vehicle weight of

18  44,000 pounds or more.

19         (4)  All commercial motor vehicles subject to

20  regulations of the United States Department of Transportation,

21  Title 49 C.F.R. part 387, subpart A, and as may be hereinafter

22  amended, shall be insured in an amount equivalent to the

23  minimum levels of financial responsibility as set forth in

24  such regulations.

25

26  A violation of this section is a noncriminal traffic

27  infraction, punishable as a nonmoving violation as provided in

28  chapter 318.

29         Section 235.  Subsection (3) is added to section

30  627.742, Florida Statutes, to read:

31

                                 143

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         627.742  Nonpublic sector buses; additional liability

  2  insurance coverage.--

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

  4  traffic infraction, punishable as a nonmoving violation as

  5  provided in chapter 318.

  6         Section 236.  Subsection (2) of section 784.07, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         784.07  Assault or battery of law enforcement officers,

  9  firefighters, emergency medical care providers, public transit

10  employees or agents, or other specified officers;

11  reclassification of offenses; minimum sentences.--

12         (2)  Whenever any person is charged with knowingly

13  committing an assault or battery upon a law enforcement

14  officer, a firefighter, an emergency medical care provider, a

15  traffic accident investigation officer as described in s.

16  316.640, a traffic infraction enforcement officer as described

17  in s. 316.640 318.141, a parking enforcement specialist as

18  defined in s. 316.640, or a security officer employed by the

19  board of trustees of a community college, while the officer,

20  firefighter, emergency medical care provider, intake officer,

21  traffic accident investigation officer, traffic infraction

22  enforcement officer, parking enforcement specialist, public

23  transit employee or agent, or security officer is engaged in

24  the lawful performance of his or her duties, the offense for

25  which the person is charged shall be reclassified as follows:

26         (a)  In the case of assault, from a misdemeanor of the

27  second degree to a misdemeanor of the first degree.

28         (b)  In the case of battery, from a misdemeanor of the

29  first degree to a felony of the third degree.

30         (c)  In the case of aggravated assault, from a felony

31  of the third degree to a felony of the second degree.

                                 144

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1306
    12-1089-99                                              See HB




  1         (d)  In the case of aggravated battery, from a felony

  2  of the second degree to a felony of the first degree.

  3         Section 237.  This act shall take effect July 1, 1999.

  4

  5            *****************************************

  6                       LEGISLATIVE SUMMARY

  7
      Revises, reenacts, and amends various provisions of the
  8    Florida Statutes relating to highway safety and motor
      vehicles to delete obsolete language, to provide a
  9    uniform reference to noncriminal traffic infractions
      punishable under chapter 318, F.S., and to make technical
10    changes to the state statutes governing highway safety
      and motor vehicles and vessels. (See bill for details.)
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                 145