House Bill 0593
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Florida House of Representatives - 1999 HB 593
By the Committee on Transportation and Representative K.
Smith
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 language; 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, and 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, and
22 316.2065, F.S.; deleting obsolete language;
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 and
30 316.70, F.S.; providing reference to the United
31 States Department of Transportation; amending
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1 s. 316.615, F.S., relating to school buses;
2 amending ss. 316.613 and 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 correct
6 cross references, delete obsolete language, and
7 to provide uniform references to penalties for
8 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 and 318.14, F.S.;
12 correcting cross references; amending ss.
13 318.18 and 318.21, F.S.; revising language with
14 respect to civil penalties; repealing s.
15 318.39, F.S., relating to the Highway Safety
16 Operating Trust Fund; amending s. 319.28, F.S.;
17 revising language with respect to repossession;
18 amending s. 319.33, F.S.; correcting cross
19 references; amending ss. 320.02 and 320.03,
20 F.S.; deleting obsolete language; amending s.
21 320.031, F.S.; revising language with respect
22 to the mailing of registration certificates,
23 license plates, and validation stickers;
24 amending s. 320.055, F.S.; correcting cross
25 references; amending ss. 320.06 and 320.061,
26 F.S.; deleting obsolete language; amending ss.
27 320.0605 and 320.07, F.S.; providing uniform
28 reference to noncriminal traffic infractions;
29 repealing s. 320.073, F.S., relating to refund
30 of impact fees; amending s. 320.0802, F.S.;
31 providing reference to the Department of
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1 Management Services; amending s. 320.08058,
2 F.S.; revising language with respect to Manatee
3 license plates and Florida Special Olympics
4 license plates; amending s. 320.0848, F.S.;
5 correcting a cross reference with respect to
6 disabled parking permits; amending s. 320.087,
7 F.S.; 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 language; amending s. 320.8255, F.S.; providing
12 reference to labels rather than seals with
13 respect to certain mobile home inspections;
14 repealing s. 320.8256, F.S., relating to
15 recreational vehicle inspection; repealing ss.
16 321.06, 321.07, 321.09, 321.15, 321.17, 321.18,
17 321.19, 321.191, 321.20, 321.201, 321.202,
18 321.203, 321.21, 321.22, 321.2205, 321.221,
19 321.222, and 321.223, F.S., relating to the
20 Florida Highway Patrol and the pension system
21 therefor; amending s. 322.055, F.S.; providing
22 reference to the Department of Health; amending
23 s. 322.0261, F.S.; revising terminology to
24 change the term "accident" to "crash"; amending
25 s. 322.08, F.S.; deleting obsolete language;
26 amending ss. 322.12 and 322.121, F.S.;
27 correcting cross references; amending s.
28 322.141, F.S.; deleting obsolete language;
29 amending s. 322.15, F.S.; providing reference
30 to noncriminal traffic infractions; amending s.
31 322.20, F.S.; providing reference to the
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1 Department of Health; reenacting and amending
2 s. 322.264, F.S., relating to habitual traffic
3 offenders; revising terminology; amending s.
4 322.27, F.S.; correcting cross references;
5 amending s. 322.292, F.S.; revising language
6 with respect to DUI programs supervision;
7 amending s. 322.293, F.S.; deleting obsolete
8 language; amending s. 322.57, F.S.; revising
9 language with respect to driving tests;
10 amending s. 324.202, F.S.; deleting obsolete
11 language; repealing ss. 325.01, 325.02, 325.03,
12 325.04, 325.05, 325.06, 325.07, 325.08, 325.09,
13 and 325.10, F.S., relating to vehicle safety
14 equipment and inspections; amending s. 325.209,
15 F.S.; revising language with respect to
16 waivers; reenacting s. 325.212(2), F.S.,
17 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.; correcting a cross
27 reference; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
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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.
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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. Subsection (1) of section 316.027, Florida
17 Statutes, is 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
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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 Section 4. Section 316.061, Florida Statutes, is
8 amended to read:
9 316.061 Crashes Accidents involving damage to vehicle
10 or property.--
11 (1) The driver of any vehicle involved in a crash an
12 accident resulting only in damage to a vehicle or other
13 property which is driven or attended by any person shall
14 immediately stop such vehicle at the scene of such crash
15 accident or as close thereto as possible, and shall forthwith
16 return to, and in every event shall remain at, the scene of
17 the crash accident until he or she has fulfilled the
18 requirements of s. 316.062. A person who violates this
19 subsection commits a misdemeanor of the second degree,
20 punishable as provided in s. 775.082 or s. 775.083. Any person
21 failing to stop or comply with said requirements shall, upon
22 conviction, be punished by a fine of not more than $500 or by
23 imprisonment for not more than 60 days or by both such fine
24 and imprisonment. Notwithstanding any other provision of this
25 section, $5 shall be added to a fine imposed pursuant to this
26 section, which $5 shall be deposited in the Emergency Medical
27 Services Trust Fund.
28 (2) Every stop must be made without obstructing
29 traffic more than is necessary, and, if a damaged vehicle is
30 obstructing traffic, the driver of such vehicle must make
31 every reasonable effort to move the vehicle or have it moved
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1 so as not to block the regular flow of traffic. Any person
2 failing to comply with this subsection shall be cited for a
3 nonmoving violation, punishable as provided in chapter 318.
4 Section 5. Section 316.062, Florida Statutes, is
5 amended to read:
6 316.062 Duty to give information and render aid.--
7 (1) The driver of any vehicle involved in a crash an
8 accident resulting in injury to or death of any person or
9 damage to any vehicle or other property which is driven or
10 attended by any person shall give his or her name, address,
11 and the registration number of the vehicle he or she is
12 driving, and shall upon request and if available exhibit his
13 or her license or permit to drive, to any person injured in
14 such crash accident or to the driver or occupant of or person
15 attending any vehicle or other property damaged in the crash
16 accident and shall give such information and, upon request,
17 exhibit such license or permit to any police officer at the
18 scene of the crash accident or who is investigating the crash
19 accident and shall render to any person injured in the crash
20 accident reasonable assistance, including the carrying, or the
21 making of arrangements for the carrying, of such person to a
22 physician, surgeon, or hospital for medical or surgical
23 treatment if it is apparent that treatment is necessary, or if
24 such carrying is requested by the injured person.
25 (2) In the event none of the persons specified are in
26 condition to receive the information to which they otherwise
27 would be entitled under subsection (1), and no police officer
28 is present, the driver of any vehicle involved in such crash
29 accident, after fulfilling all other requirements of s.
30 316.027 and subsection (1), insofar as possible on his or her
31 part to be performed, shall forthwith report the crash
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1 accident to the nearest office of a duly authorized police
2 authority and submit thereto the information specified in
3 subsection (1).
4 (3) The statutory duty of a person to make a report or
5 give information to a law enforcement officer making a written
6 report relating to a crash an accident shall not be construed
7 as extending to information which would violate the privilege
8 of such person against self-incrimination.
9 (4) A violation of this section is a noncriminal
10 traffic infraction, punishable as a nonmoving violation as
11 provided in chapter 318.
12 Section 6. Section 316.063, Florida Statutes, is
13 amended to read:
14 316.063 Duty upon damaging unattended vehicle or other
15 property.--
16 (1) The driver of any vehicle which collides with, or
17 is involved in a crash an accident with, any vehicle or other
18 property which is unattended, resulting in any damage to such
19 other vehicle or property, shall immediately stop and shall
20 then and there either locate and notify the operator or owner
21 of the vehicle or other property of the driver's name and
22 address and the registration number of the vehicle he or she
23 is driving, or shall attach securely in a conspicuous place in
24 or on the vehicle or other property a written notice giving
25 the driver's name and address and the registration number of
26 the vehicle he or she is driving, and shall without
27 unnecessary delay notify the nearest office of a duly
28 authorized police authority. Every such stop shall be made
29 without obstructing traffic more than is necessary. If a
30 damaged vehicle is obstructing traffic, the driver shall make
31 every reasonable effort to move the vehicle or have it moved
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1 so as not to obstruct the regular flow of traffic. Any person
2 who fails to comply with this subsection commits a misdemeanor
3 of the second degree, punishable as provided in s. 775.082 or
4 s. 775.083.
5 (2) The law enforcement officer at the scene of a
6 crash an accident required to be reported in accordance with
7 the provisions of subsection (1) or the law enforcement
8 officer receiving a report by a driver as required by
9 subsection (1) shall, if part or any of the property damaged
10 is a fence or other structure used to house or contain
11 livestock, promptly make a reasonable effort to notify the
12 owner, occupant, or agent of this damage.
13 Section 7. Section 316.064, Florida Statutes, is
14 amended to read:
15 316.064 When driver unable to report.--
16 (1) A crash An accident report is not required under
17 this chapter from any person who is physically incapable of
18 making a report during the period of such incapacity.
19 (2) Whenever the driver of a vehicle is physically
20 incapable of making an immediate or a written report of a
21 crash an accident, as required in ss. 316.065 and 316.066, and
22 there was another occupant in the vehicle at the time of the
23 crash accident capable of making a report, such occupant shall
24 make or cause to be made the report not made by the driver.
25 (3) Whenever the driver is physically incapable of
26 making a written report of a crash an accident as required in
27 this chapter, then the owner of the vehicle involved in the
28 crash accident shall, within 10 days after the crash accident,
29 make such report not made by the driver.
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1 (4) A violation of this section is a noncriminal
2 traffic infraction, punishable as a nonmoving violation as
3 provided in chapter 318.
4 Section 8. Section 316.065, Florida Statutes, is
5 amended to read:
6 316.065 Crashes Accidents; reports; penalties.--
7 (1) The driver of a vehicle involved in a crash an
8 accident resulting in injury to or death of any persons or
9 damage to any vehicle or other property in an apparent amount
10 of at least $500 shall immediately by the quickest means of
11 communication give notice of the crash accident to the local
12 police department, if such crash accident occurs within a
13 municipality; otherwise, to the office of the county sheriff
14 or the nearest office or station of the Florida Highway
15 Patrol. A violation of this subsection is a noncriminal
16 traffic infraction, punishable as a nonmoving violation as
17 provided in chapter 318.
18 (2) Every coroner or other official performing like
19 functions, upon learning of the death of a person in his or
20 her jurisdiction as the result of a traffic crash accident,
21 shall immediately notify the nearest office or station of the
22 department.
23 (3) Any person in charge of any garage or repair shop
24 to which is brought any motor vehicle which shows evidence of
25 having been struck by a bullet, or any other person to whom is
26 brought for the purpose of repair a motor vehicle showing such
27 evidence, shall make a report, or cause a report to be made,
28 to the nearest local police station or Florida Highway Patrol
29 office within 24 hours after the motor vehicle is received and
30 before any repairs are made to the vehicle. The report shall
31 contain the year, license number, make, model, and color of
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1 the vehicle and the name and address of the owner or person in
2 possession of the vehicle.
3 (4) Any person who knowingly repairs a motor vehicle
4 without having made a report as required by subsection (3) is
5 guilty of a misdemeanor of the first degree, punishable as
6 provided in s. 775.082 or s. 775.083. The owner and driver of
7 a vehicle involved in a crash an accident who makes a report
8 thereof in accordance with subsection (1) or s. 316.066(1) is
9 not liable under this section.
10 Section 9. Section 316.066, Florida Statutes, is
11 amended to read:
12 316.066 Written reports of crashes accidents.--
13 (1) The driver of a vehicle which is in any manner
14 involved in a crash an accident resulting in bodily injury to
15 or death of any person or damage to any vehicle or other
16 property in an apparent amount of at least $500 shall, within
17 10 days after the crash accident, forward a written report of
18 such crash accident to the department or traffic records
19 center. However, when the investigating officer has made a
20 written report of the crash accident pursuant to paragraph
21 (3)(a), no written report need be forwarded to the department
22 or traffic records center by the driver.
23 (2) The receiving entity may require any driver of a
24 vehicle involved in a crash an accident of which a written
25 report must be made as provided in this section to file
26 supplemental written reports whenever the original report is
27 insufficient in the opinion of the department and may require
28 witnesses of crashes accidents to render reports to the
29 department.
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1 (3)(a) Every law enforcement officer who in the
2 regular course of duty investigates a motor vehicle crash
3 accident:
4 1. Which crash accident resulted in death or personal
5 injury shall, within 10 days after completing the
6 investigation, forward a written report of the crash accident
7 to the department or traffic records center.
8 2. Which crash accident involved a violation of s.
9 316.061(1) or s. 316.193 shall, within 10 days after
10 completing the investigation, forward a written report of the
11 crash accident to the department or traffic records center.
12 3. In which crash accident a vehicle was rendered
13 inoperative to a degree which required a wrecker to remove it
14 from traffic may, within 10 days after completing the
15 investigation, forward a written report of the crash accident
16 to the department or traffic records center if such action is
17 appropriate, in the officer's discretion.
18
19 However, in every case in which a crash an accident report is
20 required by this section and a written report to a law
21 enforcement officer is not prepared, the law enforcement
22 officer shall provide each party involved in the crash
23 accident a short-form report, prescribed by the state, to be
24 completed by the party. The short-form report must include,
25 but is not limited to: the date, time, and location of the
26 crash accident; a description of the vehicles involved; the
27 names and addresses of the parties involved; the names and
28 addresses of witnesses; the name, badge number, and law
29 enforcement agency of the officer investigating the crash
30 accident; and the names of the insurance companies for the
31 respective parties involved in the crash accident. Each party
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1 to the crash accident shall provide the law enforcement
2 officer with proof of insurance to be included in the crash
3 accident report. If a law enforcement officer submits a report
4 on the accident, proof of insurance must be provided to the
5 officer by each party involved in the crash accident. Any
6 party who fails to provide the required information is guilty
7 of an infraction for a nonmoving violation, punishable as
8 provided in chapter 318 unless the officer determines that due
9 to injuries or other special circumstances such insurance
10 information cannot be provided immediately. If the person
11 provides the law enforcement agency, within 24 hours after the
12 crash accident, proof of insurance that was valid at the time
13 of the crash accident, the law enforcement agency may void the
14 citation.
15 (b) One or more counties may enter into an agreement
16 with the appropriate state agency to be certified by the
17 agency to have a traffic records center for the purpose of
18 tabulating and analyzing countywide traffic crash accident
19 reports. The agreement must include: certification by the
20 agency that the center has adequate auditing and monitoring
21 mechanisms in place to ensure the quality and accuracy of the
22 data; the time period in which the traffic records center must
23 report crash accident data to the agency; and the medium in
24 which the traffic records must be submitted to the agency. In
25 the case of a county or multicounty area that has a certified
26 central traffic records center, a law enforcement agency or
27 driver must submit to the center within the time limit
28 prescribed in this section a written report of the crash
29 accident. A driver who is required to file a crash an accident
30 report must be notified of the proper place to submit the
31 completed report. Fees for copies of public records provided
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1 by a certified traffic records center shall be charged and
2 collected as follows:
3 For a crash an accident report.............$2 per copy.
4 For a homicide report.....................$25 per copy.
5 For a uniform traffic citation..........$0.50 per copy.
6
7 The fees collected for copies of the public records provided
8 by a certified traffic records center shall be used to fund
9 the center or otherwise as designated by the county or
10 counties participating in the center.
11 (c) Crash Accident reports made by law enforcement
12 officers shall not be used for commercial solicitation
13 purposes; provided, however, the that use of a crash an
14 accident report for purposes of publication in a newspaper or
15 other news periodical or a radio or television broadcast shall
16 not be construed as "commercial purpose."
17 (4) Except as specified in this subsection, each crash
18 accident report made by a person involved in a crash an
19 accident and any statement made by such person to a law
20 enforcement officer for the purpose of completing a crash an
21 accident report required by this section shall be without
22 prejudice to the individual so reporting. No such report or
23 statement shall be used as evidence in any trial, civil or
24 criminal. However, subject to the applicable rules of
25 evidence, a law enforcement officer at a criminal trial may
26 testify as to any statement made to the officer by the person
27 involved in the crash accident if that person's privilege
28 against self-incrimination is not violated. The results of
29 breath, urine, and blood tests administered as provided in s.
30 316.1932 or s. 316.1933 are not confidential and shall be
31 admissible into evidence in accordance with the provisions of
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1 s. 316.1934(2). Crash Accident reports made by persons
2 involved in crashes accidents shall not be used for commercial
3 solicitation purposes; provided, however, the that use of a
4 crash an accident report for purposes of publication in a
5 newspaper or other news periodical or a radio or television
6 broadcast shall not be construed as "commercial purpose."
7 (5) For purposes of this section, a written report
8 includes a report generated by a law enforcement agency
9 through the use of a computer.
10 (6) Any driver failing to file the written report
11 required under subsection (1) or subsection (2) commits a
12 noncriminal traffic infraction, punishable as a nonmoving
13 violation as provided in chapter 318 is subject to the penalty
14 provided in s. 318.18(2).
15 Section 10. Section 316.067, Florida Statutes, is
16 amended to read:
17 316.067 False reports.--Any person who gives
18 information in oral, electronic, or written reports as
19 required in this chapter, knowing or having reason to believe
20 that such information is false, commits a misdemeanor of the
21 second degree, punishable as provided in s. 775.082 or s.
22 775.083 shall be punished by a fine of not more than $500 or
23 by imprisonment for not more than 60 days or by both such fine
24 and imprisonment.
25 Section 11. Section 316.068, Florida Statutes, is
26 amended to read:
27 316.068 Crash Accident report forms.--
28 (1) The department shall prepare and, upon request,
29 supply to police departments, sheriffs, and other appropriate
30 agencies or individuals forms for crash accident reports as
31 required in this chapter, suitable with respect to the persons
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1 required to make such reports and the purposes to be served.
2 The form must call for sufficiently detailed information to
3 disclose, with reference to a vehicle crash accident, the
4 cause and conditions then existing and the persons and
5 vehicles involved. Every crash accident report form must call
6 for the policy numbers of liability insurance and the names of
7 carriers covering any vehicle involved in a crash an accident
8 required to be reported by this chapter.
9 (2) Every crash accident report required to be made in
10 writing must be made on the appropriate form approved by the
11 department and must contain all the information required
12 therein unless not available. Notwithstanding any other
13 provisions of this section, a crash an accident report
14 produced electronically by a law enforcement officer must, at
15 a minimum, contain the same information as is called for on
16 those forms approved by the department.
17 Section 12. Section 316.069, Florida Statutes, is
18 amended to read:
19 316.069 State to tabulate and analyze crash accident
20 reports.--The state shall tabulate and may analyze all crash
21 accident reports and shall publish, annually, or at more
22 frequent intervals, statistical information based thereon as
23 to the number and circumstances of traffic crashes accidents.
24 The state shall maintain separate statistics on the number and
25 location of crashes accidents involving tandem trailer trucks.
26 Section 13. Section 316.070, Florida Statutes, is
27 amended to read:
28 316.070 Exchange of information at scene of crash
29 accident.--The law enforcement officer at the scene of a crash
30 an accident required to be reported in accordance with the
31 provisions of s. 316.066 shall instruct the driver of each
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1 vehicle involved in the crash accident to report the following
2 to all other parties suffering injury or property damage as an
3 apparent result of the crash accident:
4 (1) The name and address of the owner and the driver
5 of the vehicle.
6 (2) The license number of the vehicle.
7 (3) The name of the liability carrier for the vehicle.
8 Section 14. Subsections (2) and (3) of section
9 316.072, Florida Statutes, are amended to read:
10 316.072 Obedience to and effect of traffic laws.--
11 (2) REQUIRED OBEDIENCE TO TRAFFIC LAWS.--It is
12 unlawful for any person to do any act forbidden, or to fail to
13 perform any act required, in this chapter. It is unlawful for
14 the owner, or any other person employing or otherwise
15 directing the driver of any vehicle, to require or knowingly
16 permit the operation of such vehicle upon a highway in any
17 manner contrary to law. A violation of this subsection is a
18 noncriminal traffic infraction, punishable as a moving
19 violation as provided in chapter 318.
20 (3) OBEDIENCE TO POLICE AND FIRE DEPARTMENT
21 OFFICIALS.--It is unlawful and a misdemeanor of the second
22 degree, punishable as provided in s. 775.082 or s. 775.083,
23 for any person willfully to fail or refuse to comply with any
24 lawful order or direction of any law enforcement officer,
25 traffic crash accident investigation officer as described in
26 s. 316.640, traffic infraction enforcement officer as
27 described in s. 316.640 318.141, or member of the fire
28 department at the scene of a fire, rescue operation, or other
29 emergency. Notwithstanding the provisions of this subsection,
30 certified emergency medical technicians or paramedics may
31 respond to the scene of emergencies and may provide emergency
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1 medical treatment on the scene and provide transport of
2 patients in the performance of their duties for an emergency
3 medical services provider licensed under chapter 401 and in
4 accordance with any local emergency medical response
5 protocols.
6 Section 15. Subsection (6) is added to section
7 316.074, Florida Statutes, to read:
8 316.074 Obedience to and required traffic control
9 devices.--
10 (6) A violation of this section is a noncriminal
11 traffic infraction, punishable as a moving violation as
12 provided in chapter 318.
13 Section 16. Subsection (3) of section 316.0745,
14 Florida Statutes, is amended to read:
15 316.0745 Uniform signals and devices.--
16 (2) The Department of Transportation shall compile and
17 publish a manual of uniform traffic control devices which
18 defines the uniform system adopted pursuant to subsection (1),
19 and shall compile and publish minimum specifications for
20 traffic control signals and devices certified by it as
21 conforming with the uniform system.
22 (a) The department shall make copies of such manual
23 and specifications available to all counties, municipalities,
24 and other public bodies having jurisdiction of streets or
25 highways open to the public in this state.
26 (b) The manual shall provide for the use of regulatory
27 speed signs in work zone areas. The installation of such signs
28 is exempt from the provisions of s. 335.10.
29 (3) All official traffic control signals or official
30 traffic control devices purchased and installed in this state
31 by any public body or official shall conform with the manual
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1 and specifications published by the Department of
2 Transportation pursuant to subsection (2). All traffic control
3 devices other than traffic control signals purchased prior to
4 July 1, 1972, not conforming to said system may continue in
5 use until January 1, 1975, after which time such devices must
6 comply with the uniform system. All traffic control signals
7 purchased prior to January 1, 1972, not conforming to said
8 system may continue in use until January 1, 1980, after which
9 time such signals must comply with the uniform system.
10 Section 17. Section 316.0747, Florida Statutes, is
11 amended to read:
12 316.0747 Sale or purchase of traffic control devices
13 by nongovernmental entities; prohibitions.--
14 (1) It is unlawful for any nongovernmental entity to
15 use any traffic control device at any place where the general
16 public is invited, unless such device conforms to the uniform
17 system of traffic control devices adopted by the Department of
18 Transportation pursuant to this chapter.
19 (2) Any nonconforming traffic control device in use by
20 a nongovernmental entity prior to January 1, 1980, may be used
21 for the remainder of its useful life, but no longer than
22 January 1, 1992, after which any replacement device shall
23 conform to the uniform system of traffic control devices
24 adopted by the Department of Transportation.
25 (2)(3) Nongovernmental entities to which the general
26 public is invited to travel shall install and maintain uniform
27 traffic control devices at appropriate locations pursuant to
28 the standards set forth by the Manual on Uniform Traffic
29 Control Devices as adopted by the Department of Transportation
30 pursuant to s. 316.0745. Such traffic control devices shall
31 be installed no later than January 1, 1992. Businesses the
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1 parking lots of which do not provide intersecting lanes of
2 traffic and businesses having fewer than 25 parking spaces are
3 exempt from the provisions of this subsection. The Department
4 of Transportation shall adopt rules to implement this section.
5 (3)(4) A person who violates this section commits a
6 misdemeanor of the second degree, punishable as provided in s.
7 775.082 or s. 775.083.
8 Section 18. Section 316.075, Florida Statutes, is
9 amended to read:
10 316.075 Traffic control signal devices.--
11 (1) Except for automatic warning signal lights
12 installed or to be installed at railroad crossings, whenever
13 traffic, including municipal traffic, is controlled by traffic
14 control signals exhibiting different colored lights, or
15 colored lighted arrows, successively one at a time or in
16 combination, only the colors green, red, and yellow shall be
17 used, except for special pedestrian signals carrying a word
18 legend, and the lights shall indicate and apply to drivers of
19 vehicles and pedestrians as follows:
20 (a)(1) Green indication.--
21 1.(a) Vehicular traffic facing a circular green signal
22 may proceed cautiously straight through or turn right or left
23 unless a sign at such place prohibits either such turn. But
24 vehicular traffic, including vehicles turning right or left,
25 shall yield the right-of-way to other vehicles and to
26 pedestrians lawfully within the intersection or an adjacent
27 crosswalk at the time such signal is exhibited.
28 2.(b) Vehicular traffic facing a green arrow signal,
29 shown alone or in combination with another indication, as
30 directed by the manual, may cautiously enter the intersection
31 only to make the movement indicated by such arrow, or such
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1 other movement as is permitted by other indications shown at
2 the same time, except the driver of any vehicle may U-turn, so
3 as to proceed in the opposite direction unless such movement
4 is prohibited by posted traffic control signs. Such vehicular
5 traffic shall yield the right-of-way to pedestrians lawfully
6 within an adjacent crosswalk and to other traffic lawfully
7 using the intersection.
8 3.(c) Unless otherwise directed by a pedestrian
9 control signal as provided in s. 316.0755, pedestrians facing
10 any green signal, except when the sole green signal is a turn
11 arrow, may proceed across the roadway within any marked or
12 unmarked crosswalk.
13 (b)(2) Steady yellow indication.--
14 1.(a) Vehicular traffic facing a steady yellow signal
15 is thereby warned that the related green movement is being
16 terminated or that a red indication will be exhibited
17 immediately thereafter when vehicular traffic shall not enter
18 the intersection.
19 2.(b) Pedestrians facing a steady yellow signal,
20 unless otherwise directed by a pedestrian control signal as
21 provided in s. 316.0755, are thereby advised that there is
22 insufficient time to cross the roadway before a red indication
23 is shown and no pedestrian shall start to cross the roadway.
24 (c)(3) Steady red indication.--
25 1.(a) Vehicular traffic facing a steady red signal
26 shall stop before entering the crosswalk on the near side of
27 the intersection or, if none, then before entering the
28 intersection and shall remain standing until a green
29 indication is shown; however:
30 a.1. The driver of a vehicle which is stopped at a
31 clearly marked stop line, but if none, before entering the
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1 crosswalk on the near side of the intersection, or, if none
2 then at the point nearest the intersecting roadway where the
3 driver has a view of approaching traffic on the intersecting
4 roadway before entering the intersection in obedience to a
5 steady red signal may make a right turn, but shall yield the
6 right-of-way to pedestrians and other traffic proceeding as
7 directed by the signal at the intersection, except that
8 municipal and county authorities may prohibit any such right
9 turn against a steady red signal at any intersection, which
10 prohibition shall be effective when a sign giving notice
11 thereof is erected in a location visible to traffic
12 approaching the intersection.
13 b.2. The driver of a vehicle on a one-way street that
14 intersects another one-way street on which traffic moves to
15 the left shall stop in obedience to a steady red signal, but
16 may then make a left turn into the one-way street, but shall
17 yield the right-of-way to pedestrians and other traffic
18 proceeding as directed by the signal at the intersection,
19 except that municipal and county authorities may prohibit any
20 such left turn as described, which prohibition shall be
21 effective when a sign giving notice thereof is attached to the
22 traffic control signal device at the intersection.
23 2.(b) Unless otherwise directed by a pedestrian
24 control signal as provided in s. 316.0755, pedestrians facing
25 a steady red signal shall not enter the roadway.
26 (2)(4) In the event an official traffic control signal
27 is erected and maintained at a place other than an
28 intersection, the provisions of this section shall be
29 applicable except as to those provisions which by their nature
30 can have no application. Any stop required shall be made at a
31 sign or marking on the pavement indicating where the stop
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1 shall be made, but in the absence of any such sign or marking
2 the stop shall be made at the signal.
3 (3)(5)(a) No traffic control signal device shall be
4 used which does not exhibit a yellow or "caution" light
5 between the green or "go" signal and the red or "stop" signal.
6 (b) No traffic control signal device shall display
7 other than the color red at the top of the vertical signal,
8 nor shall it display other than the color red at the extreme
9 left of the horizontal signal.
10 (4) A violation of this section is a noncriminal
11 traffic infraction, punishable pursuant to chapter 318 as
12 either a pedestrian violation or, if the infraction resulted
13 from the operation of a vehicle, as a moving violation.
14 Section 19. Section 316.076, Florida Statutes, is
15 amended to read:
16 316.076 Flashing signals.--
17 (1) Whenever an illuminated flashing red or yellow
18 signal is used in a traffic sign or signal it shall require
19 obedience by vehicular traffic as follows:
20 (a)(1) Flashing red (stop signal).--When a red lens is
21 illuminated with rapid intermittent flashes, drivers of
22 vehicles shall stop at a clearly marked stop line, but if
23 none, before entering the crosswalk on the near side of the
24 intersection, or if none, then at the point nearest the
25 intersecting roadway where the driver has a view of
26 approaching traffic on the intersecting roadway before
27 entering the intersection, and the right to proceed shall be
28 subject to the rules applicable after making a stop at a stop
29 sign.
30 (b)(2) Flashing yellow (caution signal).--When a
31 yellow lens is illuminated with rapid intermittent flashes,
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1 drivers of vehicles may proceed through the intersection or
2 past such signal only with caution.
3 (2)(3) This section does not apply at railroad-highway
4 grade crossings. Conduct of drivers of vehicles approaching
5 such crossings shall be governed by the rules as set forth in
6 ss. 316.1575 and 316.159.
7 (3) A violation of this section is a noncriminal
8 traffic infraction, punishable as a moving violation as
9 provided in chapter 318.
10 Section 20. Section 316.0765, Florida Statutes, is
11 amended to read:
12 316.0765 Lane direction control signals.--When lane
13 direction control signals are placed over the individual lanes
14 of a street or highway, vehicular traffic may travel in any
15 lane or lanes over which a green signal is shown, but shall
16 not enter or travel in any lane or lanes over which a red
17 signal is shown. A violation of this section is a noncriminal
18 traffic infraction, punishable as a moving violation as
19 provided in chapter 318.
20 Section 21. Subsection (5) is added to section
21 316.077, Florida Statutes, to read:
22 316.077 Display of unauthorized signs, signals or
23 markings.--
24 (5) A violation of this section is a noncriminal
25 traffic infraction, punishable as a nonmoving violation as
26 provided in chapter 318.
27 Section 22. Section 316.0775, Florida Statutes, is
28 amended to read:
29 316.0775 Interference with official traffic control
30 devices or railroad signs or signals.--No person shall,
31 without lawful authority, attempt to or in fact alter, deface,
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1 injure, knock down or remove any official traffic control
2 device or any railroad sign or signal or any inscription,
3 shield or insignia thereon, or any other part thereof. A
4 violation of this section is a noncriminal traffic infraction,
5 punishable as a nonmoving violation as provided in chapter
6 318.
7 Section 23. Section 316.078, Florida Statutes, is
8 amended to read:
9 316.078 Detour signs to be respected.--
10 (1) It is unlawful to tear down or deface any detour
11 sign or to break down or drive around any barricade erected
12 for the purpose of closing any section of a public street or
13 highway to traffic during the construction or repair thereof
14 or to drive over such section of public street or highway
15 until again thrown open to public traffic. However, such
16 restriction shall not apply to the person in charge of the
17 construction or repairs.
18 (2) A violation of this section is a noncriminal
19 traffic infraction, punishable pursuant to chapter 318 as:
20 (a) A nonmoving violation for tearing, breaking down,
21 or defacing any detour sign.
22 (b) A moving violation for driving around any
23 barricade erected for the purpose of closing any section of a
24 public street or highway to traffic that is under construction
25 or repair or driving over such section of public street or
26 highway until open to public traffic.
27 Section 24. Subsection (3) is added to section
28 316.079, Florida Statutes, to read:
29 316.079 Duty to yield to highway construction
30 workers.--
31
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1 (3) A violation of this section is a noncriminal
2 traffic infraction, punishable as a moving violation as
3 provided in chapter 318.
4 Section 25. Subsection (4) is added to section
5 316.081, Florida Statutes, to read:
6 316.081 Driving on right side of roadway;
7 exceptions.--
8 (4) A violation of this section is a noncriminal
9 traffic infraction, punishable as a moving violation as
10 provided in chapter 318.
11 Section 26. Subsection (3) is added to section
12 316.082, Florida Statutes, to read:
13 316.082 Passing vehicles proceeding in opposite
14 directions.--
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 27. Section 316.0825, Florida Statutes, is
19 amended to read:
20 316.0825 Vehicle approaching an animal.--Every person
21 operating a motor vehicle shall use reasonable care when
22 approaching or passing a person who is riding or leading an
23 animal upon a roadway or the shoulder thereof, and shall not
24 intentionally startle or injure such an animal. A violation of
25 this section is a noncriminal traffic infraction, punishable
26 as a moving violation as provided in chapter 318.
27 Section 28. Subsection (3) is added to section
28 316.083, Florida Statutes, to read:
29 316.083 Overtaking and passing a vehicle.--The
30 following rules shall govern the overtaking and passing of
31
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1 vehicles proceeding in the same direction, subject to those
2 limitations, exceptions, and special rules hereinafter stated:
3 (3) A violation of this section is a noncriminal
4 traffic infraction, punishable as a moving violation as
5 provided in chapter 318.
6 Section 29. Subsection (3) is added to section
7 316.084, Florida Statutes, to read:
8 316.084 When overtaking on the right is permitted.--
9 (3) A violation of this section is a noncriminal
10 traffic infraction, punishable as a moving violation as
11 provided in chapter 318.
12 Section 30. Subsection (3) is added to section
13 316.085, Florida Statutes, to read:
14 316.085 Limitations on overtaking, passing, changing
15 lanes and changing course.--
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 31. Subsection (3) is added to section
20 316.087, Florida Statutes, to read:
21 316.087 Further limitations on driving to left of
22 center of roadway.--
23 (3) A violation of this section is a noncriminal
24 traffic infraction, punishable as a moving violation as
25 provided in chapter 318.
26 Section 32. Subsection (4) is added to section
27 316.0875, Florida Statutes, to read:
28 316.0875 No-passing zones.--
29 (4) A violation of this section is a noncriminal
30 traffic infraction, punishable as a moving violation as
31 provided in chapter 318.
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1 Section 33. Subsection (4) is added to section
2 316.088, Florida Statutes, to read:
3 316.088 One-way roadways and rotary traffic islands.--
4 (4) A violation of this section is a noncriminal
5 traffic infraction, punishable as a moving violation as
6 provided in chapter 318.
7 Section 34. Subsection (5) is added to section
8 316.089, Florida Statutes, to read:
9 316.089 Driving on roadways laned for
10 traffic.--Whenever any roadway has been divided into two or
11 more clearly marked lanes for traffic, the following rules, in
12 addition to all others consistent herewith, shall apply:
13 (5) A violation of this section is a noncriminal
14 traffic infraction, punishable as a moving violation as
15 provided in chapter 318.
16 Section 35. Subsection (4) is added to section
17 316.0895, Florida Statutes, to read:
18 316.0895 Following too closely.--
19 (4) A violation of this section is a noncriminal
20 traffic infraction, punishable as a moving violation as
21 provided in chapter 318.
22 Section 36. Subsection (3) is added to section
23 316.090, Florida Statutes, to read:
24 316.090 Driving on divided highways.--
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 37. Subsection (5) is added to section
29 316.091, Florida Statutes, to read:
30 316.091 Limited access facilities; interstate
31 highways; use restricted.--
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1 (5) A violation of this section is a noncriminal
2 traffic infraction, punishable as a moving violation as
3 provided in chapter 318.
4 Section 38. Subsection (6) is added to section
5 316.121, Florida Statutes, to read:
6 316.121 Vehicles approaching or entering
7 intersections.--
8 (6) A violation of this section is a noncriminal
9 traffic infraction, punishable as a moving violation as
10 provided in chapter 318.
11 Section 39. Section 316.122, Florida Statutes, is
12 amended to read:
13 316.122 Vehicle turning left.--The driver of a vehicle
14 intending to turn to the left within an intersection or into
15 an alley, private road, or driveway shall yield the
16 right-of-way to any vehicle approaching from the opposite
17 direction which is within the intersection or so close thereto
18 as to constitute an immediate hazard. A violation of this
19 section is a noncriminal traffic infraction, punishable as a
20 moving violation as provided in chapter 318.
21 Section 40. Subsection (4) is added to section
22 316.123, Florida Statutes, to read:
23 316.123 Vehicle entering stop or yield intersection.--
24 (4) A violation of this section is a noncriminal
25 traffic infraction, punishable as a moving violation as
26 provided in chapter 318.
27 Section 41. Section 316.1235, Florida Statutes, is
28 amended to read:
29 316.1235 Vehicle approaching intersection in which
30 traffic lights are inoperative.--The driver of a vehicle
31 approaching an intersection in which the traffic lights are
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1 inoperative shall stop in the manner indicated in s.
2 316.123(2) for approaching a stop intersection. In the event
3 that only some of the traffic lights within an intersection
4 are inoperative, the driver of a vehicle approaching an
5 inoperative light shall stop in the above-prescribed manner. A
6 violation of this section is a noncriminal traffic infraction,
7 punishable as a moving violation as provided in chapter 318.
8 Section 42. Subsection (3) is added to section
9 316.125, Florida Statutes, to read:
10 316.125 Vehicle entering highway from private road or
11 driveway or emerging from alley, driveway or building.--
12 (3) A violation of this section is a noncriminal
13 traffic infraction, punishable as a moving violation as
14 provided in chapter 318.
15 Section 43. Subsection (6) is added to section
16 316.126, Florida Statutes, to read:
17 316.126 Operation of vehicles and actions of
18 pedestrians on approach of authorized emergency vehicle.--
19 (6) A violation of this section is a noncriminal
20 traffic infraction, punishable pursuant to chapter 318 as
21 either a moving violation for infractions of subsection (1) or
22 subsection (3), or as a pedestrian violation for infractions
23 of subsection (2).
24 Section 44. Subsection (19) is added to section
25 316.130, Florida Statutes, to read:
26 316.130 Pedestrian obedience to traffic control
27 devices and traffic regulations.--
28 (19) A violation of this section is a noncriminal
29 traffic infraction, punishable pursuant to chapter 318 as
30 either a pedestrian violation or, if the infraction resulted
31 from the operation of a vehicle, as a moving violation.
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1 Section 45. Section 316.1355, Florida Statutes, is
2 amended to read:
3 316.1355 Driving through safety zone prohibited.--No
4 vehicle shall at any time be driven through or within a safety
5 zone. A violation of this section is a noncriminal traffic
6 infraction, punishable as a moving violation as provided in
7 chapter 318.
8 Section 46. Subsection (3) is added to section
9 316.151, Florida Statutes, to read:
10 316.151 Required position and method of turning at
11 intersections.--
12 (3) A violation of this section is a noncriminal
13 traffic infraction, punishable as a moving violation as
14 provided in chapter 318.
15 Section 47. Section 316.1515, Florida Statutes, is
16 amended to read:
17 316.1515 Limitations on turning around.--The driver of
18 any vehicle shall not turn the vehicle so as to proceed in the
19 opposite direction upon any street unless such movement can be
20 made in safety and without interfering with other traffic and
21 unless such movement is not prohibited by posted traffic
22 control signs. A violation of this section is a noncriminal
23 traffic infraction, punishable as a moving violation as
24 provided in chapter 318.
25 Section 48. Section 316.152, Florida Statutes, is
26 amended to read:
27 316.152 Turning on curve or crest of grade
28 prohibited.--No vehicle shall be turned so as to proceed in
29 the opposite direction upon any curve, or upon the approach
30 to, or near, the crest of a grade, where such vehicle cannot
31 be seen by the driver of any other vehicle approaching from
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1 either direction within 500 feet. A violation of this section
2 is a noncriminal traffic infraction, punishable as a moving
3 violation as provided in chapter 318.
4 Section 49. Section 316.154, Florida Statutes, is
5 amended to read:
6 316.154 Starting parked vehicle.--No person shall
7 start a vehicle which is stopped, standing, or parked, unless
8 and until such movement can be made with reasonable safety. A
9 violation of this section is a noncriminal traffic infraction,
10 punishable as a moving violation as provided in chapter 318.
11 Section 50. Subsection (5) is added to section
12 316.155, Florida Statutes, to read:
13 316.155 When signal required.--
14 (5) A violation of this section is a noncriminal
15 traffic infraction, punishable as a moving violation as
16 provided in chapter 318.
17 Section 51. Subsection (3) is added to section
18 316.156, Florida Statutes, to read:
19 316.156 Signals by hand and arm or signal lamps.--
20 (3) A violation of this section is a noncriminal
21 traffic infraction, punishable pursuant to chapter 318 as
22 either a moving violation for infractions of subsection (1) or
23 as a nonmoving violation for infractions of subsection (2).
24 Section 52. Section 316.157, Florida Statutes, is
25 amended to read:
26 316.157 Method of giving hand and arm signals.--
27 (1) All signals herein required to be given by hand
28 and arm shall be given from the left side of the vehicle in
29 the following manner and such signals shall indicate as
30 follows:
31 (a)(1) Left turn.--Hand and arm extended horizontally.
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1 (b)(2) Right turn.--Hand and arm extended upward,
2 except that a bicyclist may extend the right hand and arm
3 horizontally to the right side of the bicycle.
4 (c)(3) Stop or decrease speed.--Hand and arm extended
5 downward.
6 (2) A violation of this section is a noncriminal
7 traffic infraction, punishable as a moving violation as
8 provided in chapter 318.
9 Section 53. Subsection (3) is added to section
10 316.1575, Florida Statutes, to read:
11 316.1575 Obedience to traffic control devices at
12 railroad-highway grade crossings.--
13 (3) A violation of this section is a noncriminal
14 traffic infraction, punishable pursuant to chapter 318 as
15 either a pedestrian violation or, if the infraction resulted
16 from the operation of a vehicle, as a moving violation.
17 Section 54. Subsection (3) is added to section
18 316.159, Florida Statutes, to read:
19 316.159 Certain vehicles to stop at all railroad grade
20 crossings.--
21 (3) A violation of this section is a noncriminal
22 traffic infraction, punishable as a moving violation as
23 provided in chapter 318.
24 Section 55. Subsection (5) is added to section
25 316.170, Florida Statutes, to read:
26 316.170 Moving heavy equipment at railroad grade
27 crossings.--
28 (5) A violation of this section is a noncriminal
29 traffic infraction, punishable as a moving violation as
30 provided in chapter 318.
31
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1 Section 56. Subsection (7) is added to section
2 316.183, Florida Statutes, to read:
3 316.183 Unlawful speed.--
4 (7) A violation of this section is a noncriminal
5 traffic infraction, punishable as a moving violation as
6 provided in chapter 318.
7 Section 57. Section 316.185, Florida Statutes, is
8 amended to read:
9 316.185 Special hazards.--The fact that the speed of a
10 vehicle is lower than the prescribed limits shall not relieve
11 the driver from the duty to decrease speed when approaching
12 and crossing an intersection, when approaching and going
13 around a curve, when approaching a hill crest, when traveling
14 upon any narrow or winding roadway, or when special hazards
15 exist or may exist with respect to pedestrians or other
16 traffic or by reason of weather or other roadway conditions,
17 and speed shall be decreased as may be necessary to avoid
18 colliding with any person, vehicle, or other conveyance on or
19 entering the street in compliance with legal requirements and
20 the duty of all persons to use due care. A violation of this
21 section is a noncriminal traffic infraction, punishable as a
22 moving violation as provided in chapter 318.
23 Section 58. Subsection (4) of section 316.1895,
24 Florida Statutes, is amended to read:
25 316.1895 Establishment of school speed zones,
26 enforcement; designation.--
27 (4) A school zone speed limit may not be less than 15
28 miles per hour except by local regulation. After July 1,
29 1992, No school zone speed limit shall be more than 20 miles
30 per hour in an urbanized area, as defined in s. 334.03. Such
31 speed limit may be in force only during those times 30 minutes
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1 before, during, and 30 minutes after the periods of time when
2 pupils are arriving at a regularly scheduled breakfast program
3 or a regularly scheduled school session and leaving a
4 regularly scheduled school session.
5 Section 59. Subsection (5) is added to section
6 316.191, Florida Statutes, to read:
7 316.191 Racing on highways.--
8 (5) 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 60. Paragraph (c) of subsection (3) and
13 subsection (5) of section 316.193, Florida Statutes, 1998
14 Supplement, are amended to read:
15 316.193 Driving under the influence; penalties.--
16 (3) Any person:
17 (c) Who, by reason of such operation, causes:
18 1. Damage to the property or person of another commits
19 a misdemeanor of the first degree, punishable as provided in
20 s. 775.082 or s. 775.083.
21 2. Serious bodily injury to another, as defined in s.
22 316.1933, commits a felony of the third degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084.
24 3. The death of any human being commits DUI
25 manslaughter, and commits:
26 a. A felony of the second degree, punishable as
27 provided in s. 775.082, s. 775.083, or s. 775.084.
28 b. A felony of the first degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084, if:
30
31
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1 (I) At the time of the crash accident, the person
2 knew, or should have known, that the crash accident occurred;
3 and
4 (II) The person failed to give information and render
5 aid as required by s. 316.062.
6 (5) The court shall place any offender convicted of
7 violating this section on monthly reporting probation and
8 shall require attendance at a substance abuse course licensed
9 by the department; and the agency conducting the course may
10 refer the offender to an authorized service provider for
11 substance abuse evaluation and treatment, in addition to any
12 sentence or fine imposed under this section. The offender
13 shall assume reasonable costs for such education, evaluation,
14 and treatment, with completion of all such education,
15 evaluation, and treatment being a condition of reporting
16 probation. Treatment resulting from a psychosocial evaluation
17 may not be waived without a supporting psychosocial evaluation
18 conducted by an agency appointed by the court and with access
19 to the original evaluation. The offender shall bear the cost
20 of this procedure. The term "substance abuse" means the abuse
21 of alcohol or any substance named or described in Schedules I
22 through V of s. 893.03. If an offender referred to treatment
23 under this subsection fails to report for or complete such
24 treatment or fails to complete the substance abuse education
25 course, the DUI program shall notify the court and the
26 department of the failure. Upon receipt of the notice, the
27 department shall cancel the offender's driving privilege. The
28 department shall reinstate the driving privilege when the
29 offender completes the substance abuse education course or
30 enters treatment required under this subsection. The
31 organization that conducts the substance abuse education and
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1 evaluation may not provide required substance abuse treatment
2 unless a waiver has been granted to that organization by the
3 department. A waiver may be granted only if the department
4 determines, in accordance with its rules, that the service
5 provider that conducts the substance abuse education and
6 evaluation is the most appropriate service provider and is
7 licensed under chapter 397 or is exempt from such licensure.
8 All DUI treatment programs providing treatment services on
9 January 1, 1994, shall be allowed to continue to provide such
10 services until the department determines whether a waiver
11 should be granted. A statistical referral report shall be
12 submitted quarterly to the department by each organization
13 authorized to provide services under this section.
14 Section 61. Subsections (1) and (4) of section
15 316.1935, Florida Statutes, 1998 Supplement, are amended to
16 read:
17 316.1935 Fleeing or attempting to elude a law
18 enforcement officer; aggravated fleeing and eluding.--
19 (1) It is unlawful for the operator of any vehicle,
20 having knowledge that he or she has been ordered to stop such
21 vehicle by a duly authorized law enforcement officer,
22 willfully to refuse or fail to stop the vehicle in compliance
23 with such order or, having stopped in knowing compliance with
24 such order, willfully to flee in an attempt to elude the
25 officer, and a person who violates this subsection commits a
26 misdemeanor of the first degree, punishable as provided in s.
27 775.082 or s. 775.083 shall, upon conviction, be punished by
28 imprisonment in the county jail for a period not to exceed 1
29 year, or by fine not to exceed $1,000, or by both such fine
30 and imprisonment.
31
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1 (4) Any person who, in the course of unlawfully
2 leaving or attempting to leave the scene of a crash an
3 accident in violation of s. 316.027 or s. 316.061, having
4 knowledge of an order to stop by a duly authorized law
5 enforcement officer:
6 (a) Willfully refuses or fails to stop in compliance
7 with such an order, or having stopped in knowing compliance
8 with such order, willfully flees in an attempt to elude such
9 officer; and
10 (b) As a result of such fleeing or eluding, causes
11 injury to another person or causes damage to any property
12 belonging to another person
13
14 commits aggravated fleeing or eluding, a felony of the second
15 degree, punishable as provided in s. 775.082, s. 775.083, or
16 s. 775.084. The felony of aggravated fleeing or eluding
17 constitutes a separate offense for which a person may be
18 charged, in addition to the offense of unlawfully leaving the
19 scene of a crash an accident which the person had been in the
20 course of committing or attempting to commit when the order to
21 stop was given.
22 Section 62. Subsection (8) is added to section
23 316.1937, Florida Statutes, to read:
24 316.1937 Ignition interlock devices, requiring;
25 unlawful acts.--
26 (8) In addition to the penalties provided in this
27 section, a violation of this section is a noncriminal traffic
28 infraction, punishable as a nonmoving violation as provided in
29 chapter 318.
30 Section 63. Subsection (4) is added to section
31 316.194, Florida Statutes, to read:
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1 316.194 Stopping, standing or parking outside of
2 municipalities.--
3 (4) A violation of this section is a noncriminal
4 traffic infraction, punishable as a moving violation as
5 provided in chapter 318.
6 Section 64. Paragraph (a) of subsection (1) of section
7 316.1945, Florida Statutes, is amended, and subsection (4) is
8 added to said section, to read:
9 316.1945 Stopping, standing, or parking prohibited in
10 specified places.--
11 (1) Except when necessary to avoid conflict with other
12 traffic, or in compliance with law or the directions of a
13 police officer or official traffic control device, no person
14 shall:
15 (a) Stop, stand, or park a vehicle:
16 1. On the roadway side of any vehicle stopped or
17 parked at the edge or curb of a street.
18 2. On a sidewalk.
19 3. Within an intersection.
20 4. On a crosswalk.
21 5. Between a safety zone and the adjacent curb or
22 within 30 feet of points on the curb immediately opposite the
23 ends of a safety zone, unless the Department of Transportation
24 indicates a different length by signs or markings.
25 6. Alongside or opposite any street excavation or
26 obstruction when stopping, standing, or parking would obstruct
27 traffic.
28 7. Upon any bridge or other elevated structure upon a
29 highway or within a highway tunnel.
30 8. On any railroad tracks.
31 9. On a bicycle path.
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1 10. At any place where official traffic control
2 devices prohibit stopping.
3 11. On the roadway or shoulder of a limited access
4 facility, except as provided by regulation of the Department
5 of Transportation, or on the paved portion of a connecting
6 ramp; except that a vehicle which is disabled or in a
7 condition improper to be driven as a result of mechanical
8 failure or crash accident may be parked on such shoulder for a
9 period not to exceed 6 hours. This provision is not
10 applicable to a person stopping a vehicle to render aid to an
11 injured person or assistance to a disabled vehicle in
12 obedience to the directions of a law enforcement officer or to
13 a person stopping a vehicle in compliance with applicable
14 traffic laws.
15 12. For the purpose of loading or unloading a
16 passenger on the paved roadway or shoulder of a limited access
17 facility or on the paved portion of any connecting ramp. This
18 provision is not applicable to a person stopping a vehicle to
19 render aid to an injured person or assistance to a disabled
20 vehicle.
21 (4) A violation of this section is a noncriminal
22 traffic infraction, punishable as a nonmoving violation as
23 provided in chapter 318.
24 Section 65. Subsection (4) is added to section
25 316.195, Florida Statutes, to read:
26 316.195 Additional parking regulations.--
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 66. Subsection (7) is added to section
31 316.1951, Florida Statutes, to read:
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1 316.1951 Parking for certain purposes prohibited.--
2 (7) A violation of this section is a noncriminal
3 traffic infraction, punishable as a nonmoving violation as
4 provided in chapter 318.
5 Section 67. Paragraph (a) of subsection (10) of
6 section 316.1955, Florida Statutes, 1998 Supplement, is
7 amended to read:
8 316.1955 Parking spaces for persons who have
9 disabilities.--
10 (10)(a) A vehicle that is transporting a person who
11 has a disability and that has been granted a permit under s.
12 320.0848(1)(a)(d) may be parked for a maximum of 30 minutes in
13 any parking space reserved for persons who have disabilities.
14 Section 68. Subsection (6) is added to section
15 316.1974, Florida Statutes, to read:
16 316.1974 Funeral procession right-of-way and
17 liability.--
18 (6) VIOLATIONS.--A violation of this section is a
19 noncriminal traffic infraction, punishable pursuant to chapter
20 318 as a nonmoving violation for infractions of subsection
21 (2), a pedestrian violation for infractions of subsection (3),
22 or as a moving violation for infractions of subsection (3) or
23 subsection (4) if the infraction resulted from the operation
24 of a vehicle.
25 Section 69. Section 316.1975, Florida Statutes, is
26 amended to read:
27 316.1975 Unattended motor vehicle.--No person driving
28 or in charge of any motor vehicle except a licensed delivery
29 truck or other delivery vehicle while making deliveries, shall
30 permit it to stand unattended without first stopping the
31 engine, locking the ignition, and removing the key. No
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1 vehicle shall be permitted to stand unattended upon any
2 perceptible grade without stopping the engine and effectively
3 setting the brake thereon and turning the front wheels to the
4 curb or side of the street. A violation of this section is a
5 noncriminal traffic infraction, punishable as a nonmoving
6 violation as provided in chapter 318.
7 Section 70. Subsection (3) is added to section
8 316.1985, Florida Statutes, to read:
9 316.1985 Limitations on backing.--
10 (3) A violation of this section is a noncriminal
11 traffic infraction, punishable as a moving violation as
12 provided in chapter 318.
13 Section 71. Section 316.1995, Florida Statutes, is
14 amended to read:
15 316.1995 Driving upon sidewalk or bicycle path.--No
16 person shall drive any vehicle other than by human power upon
17 a bicycle path, sidewalk, or sidewalk area, except upon a
18 permanent or duly authorized temporary driveway. A violation
19 of this section is a noncriminal traffic infraction,
20 punishable as a moving violation as provided in chapter 318.
21 Section 72. Subsection (3) is added to section
22 316.2004, Florida Statutes, to read:
23 316.2004 Obstruction to driver's view or driving
24 mechanism.--
25 (3) A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 73. Section 316.2005, Florida Statutes, is
29 amended to read:
30 316.2005 Opening and closing vehicle doors.--No person
31 shall open any door on a motor vehicle unless and until it is
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1 reasonably safe to do so and can be done without interfering
2 with the movement of other traffic, nor shall any person leave
3 a door open on the side of a vehicle available to moving
4 traffic for a period of time longer than necessary to load or
5 unload passengers. A violation of this section is a
6 noncriminal traffic infraction, punishable as a nonmoving
7 violation as provided in chapter 318.
8 Section 74. Section 316.2014, Florida Statutes, is
9 amended to read:
10 316.2014 Riding in house trailers.--No person or
11 persons shall occupy a house trailer while it is being moved
12 upon a public street or highway. A violation of this section
13 is a noncriminal traffic infraction, punishable as a nonmoving
14 violation as provided in chapter 318.
15 Section 75. Section 316.2024, Florida Statutes, is
16 amended to read:
17 316.2024 Coasting prohibited.--The driver of any motor
18 vehicle, when traveling upon a downgrade, shall not coast with
19 the gears or transmission of such vehicle in neutral or the
20 clutch disengaged. A violation of this section is a
21 noncriminal traffic infraction, punishable as a moving
22 violation as provided in chapter 318.
23 Section 76. Section 316.2025, Florida Statutes, is
24 amended to read:
25 316.2025 Following fire apparatus prohibited.--No
26 driver of any vehicle other than an authorized emergency
27 vehicle on official business shall follow any fire apparatus
28 traveling in response to a fire alarm closer than 500 feet or
29 drive into or park such vehicle within the block where fire
30 apparatus has stopped in answer to a fire alarm. A violation
31 of this section is a noncriminal traffic infraction,
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1 punishable pursuant to chapter 318 as a moving violation for
2 following too close to a fire apparatus or as a nonmoving
3 violation for parking near a fire apparatus.
4 Section 77. Section 316.2034, Florida Statutes, is
5 amended to read:
6 316.2034 Crossing fire hose.--No vehicle shall be
7 driven over any unprotected hose of a fire department when
8 laid down on any street or highway, or private road or
9 driveway, to be used at any fire or alarm of fire, without the
10 consent of the fire department official in command. A
11 violation of this section is a noncriminal traffic infraction,
12 punishable as a moving violation as provided in chapter 318.
13 Section 78. Subsection (5) is added to section
14 316.2035, Florida Statutes, to read:
15 316.2035 Injurious substances prohibited; dragging
16 vehicle or load; obstructing, digging, etc.--
17 (5) A violation of this section is a noncriminal
18 traffic infraction, punishable pursuant to chapter 318 as
19 either a nonmoving violation for infractions of subsection (1)
20 or subsection (3) or as a moving violation for infractions of
21 subsection (2) or subsection (4).
22 Section 79. Subsection (3) is added to section
23 316.2044, Florida Statutes, to read:
24 316.2044 Removal of injurious substances.--
25 (3) A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 80. Section 316.2051, Florida Statutes, is
29 amended to read:
30 316.2051 Certain vehicles prohibited on hard-surfaced
31 roads.--It is unlawful to operate upon any hard-surfaced road
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1 in this state any log cart, tractor, or well machine; any
2 steel-tired vehicle other than the ordinary farm wagon or
3 buggy; or any other vehicle or machine that is likely to
4 damage a hard-surfaced road except to cause ordinary wear and
5 tear on the same. A violation of this section is a noncriminal
6 traffic infraction, punishable as a moving violation as
7 provided in chapter 318.
8 Section 81. Section 316.2061, Florida Statutes, is
9 amended to read:
10 316.2061 Stop when traffic obstructed.--No driver
11 shall enter an intersection or a marked crosswalk unless there
12 is sufficient space on the other side of the intersection or
13 crosswalk to accommodate the vehicle the driver is operating
14 without obstructing the passage of other vehicles or
15 pedestrians, notwithstanding any traffic control signal
16 indication to proceed. A violation of this section is a
17 noncriminal traffic infraction, punishable as a moving
18 violation as provided in chapter 318.
19 Section 82. Paragraph (e) of subsection (3) and
20 subsection (20) of section 316.2065, Florida Statutes, are
21 amended to read:
22 316.2065 Bicycle regulations.--
23 (3)
24 (e) Law enforcement officers and school crossing
25 guards may issue a bicycle safety brochure and a verbal
26 warning to a bicycle rider or passenger who violates this
27 subsection. Effective January 1, 1998, A bicycle rider or
28 passenger who violates this subsection may be issued a
29 citation by a law enforcement officer and assessed a fine for
30 a pedestrian violation, as provided in s. 318.18. The court
31 shall dismiss the charge against a bicycle rider or passenger
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1 for a first violation of paragraph (d) upon proof of purchase
2 of a bicycle helmet that complies with this subsection.
3 (20) Except as otherwise provided in this section, a
4 violation of this section is a noncriminal traffic infraction,
5 punishable as a pedestrian violation as provided in chapter
6 318. A Effective January 1, 1998, law enforcement officer
7 officers may issue traffic citations for a violation of
8 subsection (3) or subsection (16) only if the violation occurs
9 on a bicycle path or road, as defined in s. 334.03. However,
10 they may not issue citations to persons on private property,
11 except any part thereof which is open to the use of the public
12 for purposes of vehicular traffic.
13 Section 83. Section 316.2074, Florida Statutes, is
14 amended to read:
15 316.2074 All-terrain vehicles.--
16 (1) The Legislature hereby finds and declares that:
17 (a) All-terrain vehicle use has doubled over the past
18 several years;
19 (b) Injuries associated with all-terrain vehicle use
20 have more than tripled over the past several years;
21 (c) On the national level, annual emergency room
22 treatments of injuries related to all-terrain vehicle use
23 increased from 26,900 in 1983 to 63,900 in 1984 to 85,900 in
24 1985;
25 (d) Nearly one-half of all individuals injured in
26 all-terrain vehicle accidents are under 16 years of age;
27 (e) In the past 5 years, there have been more than 550
28 deaths resulting from all-terrain vehicle accidents, with more
29 than 40 percent of the dead being children 16 years of age or
30 younger;
31
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1 (f) Over one-half of all individuals injured in
2 all-terrain vehicle accidents do not wear any type of
3 protective equipment.
4 (2) It is the intent of the Legislature, through the
5 adoption of this section to provide safety protection for
6 minors while operating an all-terrain vehicle in this state.
7 (2)(3) As used in this section "all-terrain vehicle"
8 means any motorized off-highway vehicle 50 inches (1270 mm) or
9 less in width, having a dry weight of 600 pounds (273 kg) or
10 less, traveling on three or more low-pressure tires, designed
11 for operator use only with no passengers, having a seat or
12 saddle designed to be straddled by the operator, and having
13 handlebars for steering control.
14 (3)(4) No person under 16 years of age shall operate,
15 ride, or be otherwise propelled on an all-terrain vehicle
16 unless the person wears a safety helmet meeting United States
17 Department of Transportation standards and eye protection.
18 (4)(5) If a crash an accident results in the death of
19 any person or in the injury of any person which results in
20 treatment of the person by a physician, the operator of each
21 all-terrain vehicle involved in the crash accident shall give
22 notice of the crash accident pursuant to s. 316.066.
23 (5)(6) An all-terrain vehicle having four wheels may
24 be used by police officers on public beaches designated as
25 public roadways for the purpose of enforcing the traffic laws
26 of the state. All-terrain vehicles may also be used by the
27 police to travel on public roadways within 5 miles of beach
28 access only when getting to and from the beach.
29 (6) A violation of this section is a noncriminal
30 traffic infraction, punishable as a nonmoving violation as
31 provided in chapter 318.
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1 (7) Any person who violates the provisions of this
2 section shall be punished as provided in chapter 318.
3 Section 84. Subsection (5) is added to section
4 316.208, Florida Statutes, to read:
5 316.208 Motorcycles and mopeds.--
6 (5) A violation of this section is a noncriminal
7 traffic infraction, punishable as a moving violation as
8 provided in chapter 318.
9 Section 85. Subsection (6) is added to section
10 316.2085, Florida Statutes, to read:
11 316.2085 Riding on motorcycles or mopeds.--
12 (6) A violation of this section is a noncriminal
13 traffic infraction, punishable as a moving violation as
14 provided in chapter 318.
15 Section 86. Subsection (6) is added to section
16 316.209, Florida Statutes, to read:
17 316.209 Operating motorcycles on roadways laned for
18 traffic.--
19 (6) A violation of this section is a noncriminal
20 traffic infraction, punishable as a moving violation as
21 provided in chapter 318.
22 Section 87. Subsection (3) is added to section
23 316.2095, Florida Statutes, to read:
24 316.2095 Footrests and handlebars.--
25 (3) A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 88. Subsection (6) is added to section
29 316.211, Florida Statutes, to read:
30 316.211 Equipment for motorcycle and moped riders.--
31
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1 (6) A violation of this section is a noncriminal
2 traffic infraction, punishable as a nonmoving violation as
3 provided in chapter 318.
4 Section 89. Subsection (6) is added to section
5 316.212, Florida Statutes, to read:
6 316.212 Operation of golf carts on certain
7 roadways.--The operation of a golf cart upon the public roads
8 or streets of this state is prohibited except as provided
9 herein:
10 (6) A violation of this section is a noncriminal
11 traffic infraction, punishable pursuant to chapter 318 as
12 either a moving violation for infractions of subsection (1),
13 subsection (2), subsection (3), or subsection (4), or as a
14 nonmoving violation for infractions of subsection (5).
15 Section 90. Subsection (2) of section 316.2126,
16 Florida Statutes, is amended to read:
17 316.2126 Use of golf carts by certain
18 municipalities.--In addition to the powers granted by ss.
19 316.212 and 316.2125, municipalities older than 400 years old
20 are hereby authorized to utilize golf carts, as defined in s.
21 320.01, upon any state, county, or municipal roads located
22 within the corporate limits of such municipalities, subject to
23 the following conditions:
24 (2) In addition to the safety equipment required in s.
25 316.212(5)(6), such golf carts must be equipped with
26 sufficient lighting and turn signal equipment.
27 Section 91. Subsection (6) is added to section
28 316.215, Florida Statutes, to read:
29 316.215 Scope and effect of regulations.--
30
31
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1 (6) A violation of this section is a noncriminal
2 traffic infraction, punishable as a nonmoving violation as
3 provided in chapter 318.
4 Section 92. Subsection (4) is added to section
5 316.217, Florida Statutes, to read:
6 316.217 When lighted lamps are required.--
7 (4) A violation of this section is a noncriminal
8 traffic infraction, punishable as a moving violation as
9 provided in chapter 318.
10 Section 93. Subsection (3) is added to section
11 316.220, Florida Statutes, to read:
12 316.220 Headlamps on motor vehicles.--
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 94. Subsection (3) is added to section
17 316.221, Florida Statutes, to read:
18 316.221 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 95. Subsection (4) is added to section
23 316.222, Florida Statutes, to read:
24 316.222 Stop lamps and turn signals.--
25 (4) A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 96. Subsection (8) is added to section
29 316.2225, Florida Statutes, to read:
30 316.2225 Additional equipment required on certain
31 vehicles.--In addition to other equipment required in this
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1 chapter, the following vehicles shall be equipped as herein
2 stated under the conditions stated in s. 316.217.
3 (8) A violation of this section is a noncriminal
4 traffic infraction, punishable as a nonmoving violation as
5 provided in chapter 318.
6 Section 97. Subsection (4) is added to section
7 316.224, Florida Statutes, to read:
8 316.224 Color of clearance lamps, identification
9 lamps, side marker lamps, backup lamps, reflectors, and
10 deceleration lights.--
11 (4) A violation of this section is a noncriminal
12 traffic infraction, punishable as a nonmoving violation as
13 provided in chapter 318.
14 Section 98. Subsection (3) is added to section
15 316.225, Florida Statutes, to read:
16 316.225 Mounting of reflectors, clearance lamps and
17 side marker lamps.--
18 (3) A violation of this section is a noncriminal
19 traffic infraction, punishable as a nonmoving violation as
20 provided in chapter 318.
21 Section 99. Subsection (4) is added to section
22 316.226, Florida Statutes, to read:
23 316.226 Visibility requirements for reflectors,
24 clearance lamps, identification lamps and marker lamps.--
25 (4) A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 100. Section 316.228, Florida Statutes, is
29 amended to read:
30 316.228 Lamps or flags on projecting load.--Whenever
31 the load upon any vehicle extends to the rear 4 feet or more
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1 beyond the bed or body of such vehicle, there shall be
2 displayed at the extreme rear end of the load, at the times
3 specified in s. 316.217, two red lamps visible from a distance
4 of at least 500 feet to the rear, two red reflectors visible
5 at night from all distances within 600 feet to 100 feet to the
6 rear when directly in front of lawful lower beams of headlamps
7 and located so as to indicate maximum width, and on each side
8 one red lamp visible from a distance of at least 500 feet to
9 the side and located so as to indicate maximum overhang.
10 There shall be displayed at all other times on any vehicle
11 having a load which extends beyond its sides or more than 4
12 feet beyond its rear, red flags, not less than 12 inches
13 square, marking the extremities of such load, at each point
14 where a lamp would otherwise be required by this section. 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 101. Subsection (5) is added to section
19 316.229, Florida Statutes, to read:
20 316.229 Lamps on parked vehicles.--
21 (5) A violation of this section is a noncriminal
22 traffic infraction, punishable as a nonmoving violation as
23 provided in chapter 318.
24 Section 102. Subsection (8) is added to section
25 316.2295, Florida Statutes, to read:
26 316.2295 Lamps, reflectors and emblems on farm
27 tractors, farm equipment and implements of husbandry.--
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
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1 Section 103. Section 316.231, Florida Statutes, is
2 amended to read:
3 316.231 Lamps on other vehicles and equipment.--Every
4 vehicle, including animal-drawn vehicles and vehicles referred
5 to in s. 316.215(3), not specifically required by the
6 provisions of this section to be equipped with lamps or other
7 lighting devices shall at all times specified in s. 316.217 be
8 equipped with at least one lamp displaying a white light
9 visible from a distance of not less than 1,000 feet to the
10 front of said vehicle, and shall also be equipped with two
11 lamps displaying red light visible from a distance of not less
12 than 1,000 feet to the rear of the vehicle, or, as an
13 alternative, one lamp displaying a red light visible from a
14 distance of not less than 1,000 feet to the rear and two red
15 reflectors visible from all distances of 600 to 100 feet to
16 the rear when illuminated by the lawful lower beams of
17 headlamps. A violation of this section is a noncriminal
18 traffic infraction, punishable as a nonmoving violation as
19 provided in chapter 318.
20 Section 104. Subsection (5) is added to section
21 316.233, Florida Statutes, to read:
22 316.233 Spot lamps and auxiliary lamps.--
23 (5) VIOLATIONS.--A violation of this section is a
24 noncriminal traffic infraction, punishable as a nonmoving
25 violation as provided in chapter 318.
26 Section 105. Subsection (3) is added to section
27 316.234, Florida Statutes, to read:
28 316.234 Signal lamps and signal devices.--
29 (3) A violation of this section is a noncriminal
30 traffic infraction, punishable as a nonmoving violation as
31 provided in chapter 318.
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1 Section 106. Subsection (6) is added to section
2 316.235, Florida Statutes, to read:
3 316.235 Additional lighting equipment.--
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 107. Subsection (3) is added to section
8 316.237, Florida Statutes, to read:
9 316.237 Multiple-beam road-lighting equipment.--
10 (3) A violation of this section is a noncriminal
11 traffic infraction, punishable as a nonmoving violation as
12 provided in chapter 318.
13 Section 108. Section 316.238, Florida Statutes, is
14 amended to read:
15 316.238 Use of multiple-beam road-lighting
16 equipment.--
17 (1) Whenever a motor vehicle is being operated on a
18 roadway or shoulder adjacent thereto during the times
19 specified in s. 316.217, the driver shall use a distribution
20 of light, or composite beam, directed high enough and of
21 sufficient intensity to reveal persons and vehicles at a safe
22 distance in advance of the vehicle, subject to the following
23 requirements and limitations:
24 (a)(1) Whenever the driver of a vehicle approaches an
25 oncoming vehicle within 500 feet, such driver shall use a
26 distribution of light, or composite beam, so aimed that the
27 glaring rays are not projected into the eyes of the oncoming
28 driver. The lowermost distribution of light, or composite
29 beam, specified in ss. 316.237(1)(b) and 316.430(2)(b) shall
30 be deemed to avoid glare at all times, regardless of road
31 contour and loading.
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1 (b)(2) Whenever the driver of a vehicle approaches
2 another vehicle from the rear within 300 feet, such driver
3 shall use a distribution of light permissible under this
4 chapter other than the uppermost distribution of light
5 specified in ss. 316.237(1)(a) and 316.430(2)(a).
6 (2) A violation of this section is a noncriminal
7 traffic infraction, punishable as a moving violation as
8 provided in chapter 318.
9 Section 109. Section 316.2385, Florida Statutes, is
10 amended to read:
11 316.2385 Requirements for use of lower beam.--The
12 lower or passing beam shall be used at all times during the
13 twilight hours in the morning and the twilight hours in the
14 evening, and during fog, smoke and rain. Twilight shall mean
15 the time between sunset and full night or between full night
16 and sunrise. A violation of this section is a noncriminal
17 traffic infraction, punishable as a moving violation as
18 provided in chapter 318.
19 Section 110. Section 316.239, Florida Statutes, is
20 amended to read:
21 316.239 Single-beam road-lighting equipment.--
22 (1) Headlamp systems which provide only a single
23 distribution of light shall be permitted on all farm tractors
24 regardless of date of manufacture, and on other motor vehicles
25 manufactured and sold prior to January 1, 1972, in lieu of
26 multiple-beam road-lighting equipment herein specified if the
27 single distribution of light complies with the following
28 requirements and limitations:
29 (a)(1) The headlamps shall be so aimed that when the
30 vehicle is not loaded none of the high intensity portion of
31 the light shall, at a distance of 25 feet ahead, project
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1 higher than a level of five inches below the level of the
2 center of the lamp from which it comes, and in no case higher
3 than 42 inches above the level on which the vehicle stands at
4 a distance of 75 feet ahead.
5 (b)(2) The intensity shall be sufficient to reveal
6 persons and vehicles at a distance of at least 200 feet.
7 (2) A violation of this section is a noncriminal
8 traffic infraction, punishable as a nonmoving violation as
9 provided in chapter 318.
10 Section 111. Section 316.2395, Florida Statutes, is
11 amended to read:
12 316.2395 Motor vehicles; minimum headlamp
13 requirement.--Any motor vehicle may be operated at nighttime
14 under the conditions specified in ss. 316.237 and 316.239,
15 when equipped with two lighted lamps upon the front thereof
16 capable of revealing persons and objects 100 feet ahead in
17 lieu of lamps required in ss. 316.237 and 316.239. However,
18 at no time when lighted lamps are required shall such motor
19 vehicle be operated in excess of 20 miles per hour. A
20 violation of this section is a noncriminal traffic infraction,
21 punishable as a nonmoving violation as provided in chapter
22 318.
23 Section 112. Subsection (3) is added to section
24 316.2396, Florida Statutes, to read:
25 316.2396 Number of driving lamps required or
26 permitted.--
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 113. Subsection (10) is added to section
31 316.2397, Florida Statutes, to read:
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1 316.2397 Certain lights prohibited; exceptions.--
2 (10) A violation of this section is a noncriminal
3 traffic infraction, punishable as a nonmoving violation as
4 provided in chapter 318.
5 Section 114. Section 316.2399, Florida Statutes, is
6 amended to read:
7 316.2399 Special warning lights for buses or
8 taxicabs.--The provisions of s. 316.2397(7) to the contrary
9 notwithstanding, a bus or taxicab may be equipped with two
10 flashing devices for the purpose of warning the operators of
11 other vehicles and law enforcement agents that an emergency
12 situation exists within the bus or taxicab. Such devices
13 shall be capable of activation by the operator of the bus or
14 taxicab and shall be of a type approved by the Department of
15 Highway Safety and Motor Vehicles. Such devices shall be
16 mounted one at the front and one at the rear of the bus or
17 taxicab and shall display flashing red lights which shine on
18 the roadway under the vehicle. A violation of this section is
19 a noncriminal traffic infraction, punishable as a nonmoving
20 violation as provided in chapter 318.
21 Section 115. Subsection (3) is added to section
22 316.240, Florida Statutes, to read:
23 316.240 Standards for lights on highway maintenance
24 and service equipment.--
25 (3) A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 116. Subsection (4) is added to section
29 316.241, Florida Statutes, to read:
30 316.241 Selling or using lamps or equipment.--
31
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1 (4) A violation of this section is a noncriminal
2 traffic infraction, punishable as a nonmoving violation as
3 provided in chapter 318.
4 Section 117. Subsection (3) of section 316.251,
5 Florida Statutes, is amended to read:
6 316.251 Maximum bumper heights.--
7 (3) A violation of this section shall be defined as a
8 moving violation. A person charged with a violation of this
9 section is subject to the penalty provided in s. 318.18(3).
10 Section 118. Subsection (3) is added to section
11 316.252, Florida Statutes, to read:
12 316.252 Splash and spray suppressant devices.--
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 119. Section 316.253, Florida Statutes, is
17 amended to read:
18 316.253 Vehicles used to sell ice cream and other
19 confections; display of warnings required.--Any person who
20 sells ice cream or other frozen confections at retail from a
21 motor vehicle shall display on each side of such motor
22 vehicle, in letters at least 3 inches high, a warning
23 containing the words "look out for children" or "caution:
24 children" or such similar words as are approved by the
25 department. A violation of this section is a noncriminal
26 traffic infraction, punishable as a nonmoving violation as
27 provided in chapter 318.
28 Section 120. Subsection (11) is added to section
29 316.261, Florida Statutes, to read:
30 316.261 Brake equipment required.--Every motor
31 vehicle, trailer, semitrailer, and pole trailer, and any
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1 combination of such vehicles, operating upon a highway within
2 this state shall be equipped with brakes in compliance with
3 the requirements of this chapter.
4 (11) A violation of this section is a noncriminal
5 traffic infraction, punishable as a nonmoving violation as
6 provided in chapter 318.
7 Section 121. Subsection (3) is added to section
8 316.262, Florida Statutes, to read:
9 316.262 Performance ability of motor vehicle brakes.--
10 (3) A violation of this section is a noncriminal
11 traffic infraction, punishable as a nonmoving violation as
12 provided in chapter 318.
13 Section 122. Section 316.263, Florida Statutes, is
14 amended to read:
15 316.263 Maintenance of brakes.--All brakes shall be
16 maintained in good working order and shall be so adjusted as
17 to operate as equally as practicable with respect to the
18 wheels on opposite sides of the vehicle. A violation of this
19 section is a noncriminal traffic infraction, punishable as a
20 nonmoving violation as provided in chapter 318.
21 Section 123. Section 316.267, Florida Statutes, is
22 amended to read:
23 316.267 Brakes on electric-powered vehicles.--When
24 operated on the public streets and roads, every
25 electric-powered vehicle with a rating of 3 to 6 horsepower
26 shall be equipped with hydraulic brakes on the two rear wheels
27 and at all times and under all conditions of loading, upon
28 application of the service brake, shall be capable of:
29 (1) Developing a braking force that is not less than
30 43.5 percent of its gross weight.
31
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1 (2) Decelerating to a stop from not more than 20 miles
2 per hour at not less than 17 feet per second.
3 (3) Stopping from a speed of 20 miles per hour in not
4 more than 25 feet, such distance to be measured from the point
5 at which movement of the service brake pedal or control
6 begins.
7
8 A violation of this section is a noncriminal traffic
9 infraction, punishable as a nonmoving violation as provided in
10 chapter 318.
11 Section 124. Subsection (8) is added to section
12 316.271, Florida Statutes, to read;
13 316.271 Horns and warning devices.--
14 (8) A violation of this section is a noncriminal
15 traffic infraction, punishable as a nonmoving violation as
16 provided in chapter 318.
17 Section 125. Subsection (3) is added to section
18 316.272, Florida Statutes, to read:
19 316.272 Exhaust systems, prevention of noise.--
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 126. Subsection (7) is added to section
24 316.293, Florida Statutes, to read:
25 316.293 Motor vehicle noise.--
26 (7) VIOLATIONS.--A violation of this section is a
27 noncriminal traffic infraction, punishable as a nonmoving
28 violation as provided in chapter 318.
29 Section 127. Subsections (1), (2), and (6) of section
30 316.2935, Florida Statutes, are amended to read:
31
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1 316.2935 Air pollution control equipment; tampering
2 prohibited; penalty.--
3 (1)(a) On and after July 1, 1990, It is unlawful for
4 any person or motor vehicle dealer as defined in s. 320.27 to
5 offer or display for retail sale or lease, sell, lease, or
6 transfer title to, a motor vehicle in Florida that has been
7 tampered with in violation of this section, as determined
8 pursuant to subsection (7). Tampering is defined as the
9 dismantling, removal, or rendering ineffective of any air
10 pollution control device or system which has been installed on
11 a motor vehicle by the vehicle manufacturer except to replace
12 such device or system with a device or system equivalent in
13 design and function to the part that was originally installed
14 on the motor vehicle. All motor vehicles sold, reassigned, or
15 traded to a licensed motor vehicle dealer are exempt from this
16 paragraph.
17 (b) On and after January 1, 1991, At the time of sale,
18 lease, or transfer of title of a motor vehicle, the seller,
19 lessor, or transferor shall certify in writing to the
20 purchaser, lessee, or transferee that the air pollution
21 control equipment of the motor vehicle has not been tampered
22 with by the seller, lessor, or transferor or their agents,
23 employees, or other representatives. A licensed motor vehicle
24 dealer shall also visually observe those air pollution control
25 devices listed by department rule pursuant to subsection (7),
26 and certify that they are in place, and appear properly
27 connected and undamaged. Such certification shall not be
28 deemed or construed as a warranty that the pollution control
29 devices of the subject vehicle are in functional condition,
30 nor does the execution or delivery of this certification
31
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1 create by itself grounds for a cause of action between the
2 parties to this transaction.
3 (c) On and after July 1, 1990, All motor vehicles
4 sold, reassigned, or traded by a licensed motor vehicle dealer
5 to a licensed motor vehicle dealer, all new motor vehicles
6 subject to certification under s. 207, Clean Air Act, 42
7 U.S.C. s. 7541, and all lease agreements for 30 days or less
8 are exempt from this subsection. Also exempt from this
9 subsection are sales of motor vehicles for salvage purposes
10 only.
11 (2) No person shall operate any gasoline-powered motor
12 vehicle, except a motorcycle, moped, or scooter as defined in
13 chapter 320, or an imported nonconforming motor vehicle which
14 has received a one-time exemption from federal emission
15 control requirements under 40 C.F.R. 85, subpart P, on the
16 public roads and streets of this state which emits visible
17 emissions from the exhaust pipe for more than a continuous
18 period of 5 seconds, and no person shall operate on the public
19 roads or streets of this state any motor vehicle that has been
20 tampered with in violation of this section, as determined
21 pursuant to subsection (7).
22 (6) Except as provided in subsection (5), any person
23 who violates subsection (1), subsection (2), or subsection (3)
24 shall be charged with a noncriminal traffic infraction,
25 punishable as a nonmoving violation as provided in chapter 318
26 provided in s. 318.18(2). However, the penalty may be reduced
27 if the person committing the violation corrects the violation
28 pursuant to the provisions of s. 316.6105.
29 Section 128. Section 316.294, Florida Statutes, is
30 amended to read:
31
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1 316.294 Mirrors.--Every vehicle, operated singly or
2 when towing any other vehicle, shall be equipped with a mirror
3 so located as to reflect to the driver a view of the highway
4 for a distance of at least 200 feet to the rear of the motor
5 vehicle. A violation of this section is a noncriminal traffic
6 infraction, punishable as a nonmoving violation as provided in
7 chapter 318.
8 Section 129. Subsection (6) is added to section
9 316.2952, Florida Statutes, to read:
10 316.2952 Windshields; requirements; restrictions.--
11 (6) A violation of this section is a noncriminal
12 traffic infraction, punishable as a nonmoving violation as
13 provided in chapter 318.
14 Section 130. Section 316.2953, Florida Statutes, is
15 amended to read:
16 316.2953 Side windows; restrictions on sunscreening
17 material.--A person shall not operate any motor vehicle on any
18 public highway, road, or street on which vehicle the side
19 wings and side windows on either side forward of or adjacent
20 to the operator's seat are composed of, covered by, or treated
21 with any sunscreening material or other product or covering
22 which has the effect of making the window nontransparent or
23 which would alter the window's color, increase its
24 reflectivity, or reduce its light transmittance, except as
25 expressly permitted by this section. A sunscreening material
26 is authorized for such windows if, when applied to and tested
27 on the glass of such windows on the specific motor vehicle,
28 the material has a total solar reflectance of visible light of
29 not more than 25 percent as measured on the nonfilm side and a
30 light transmittance of at least 28 percent in the visible
31 light range. A violation of this section is a noncriminal
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1 traffic infraction, punishable as a nonmoving violation as
2 provided in chapter 318.
3 Section 131. Subsection (3) is added to section
4 316.2954, Florida Statutes, to read:
5 316.2954 Windows behind the driver; restrictions on
6 sunscreening material.--
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 132. Subsections (1) and (3) of section
11 316.2956, Florida Statutes, are amended to read:
12 316.2956 Violation of provisions relating to
13 windshields, windows, and sunscreening material; penalties.--
14 (1) Any person who operates a motor vehicle on which,
15 after June 20, 1984, material was installed in violation of
16 ss. 316.2951-316.2954 commits is guilty of a noncriminal
17 traffic infraction, punishable as a nonmoving violation as
18 provided in chapter 318 subject to the penalty provided in s.
19 318.18(2).
20 (3) Any person who sells or installs sunscreening
21 material in violation of any provision of ss.
22 316.2951-316.2955 after June 20, 1984, is guilty of a
23 misdemeanor of the second degree, punishable as provided in s.
24 775.082 or s. 775.083.
25 Section 133. Section 316.299, Florida Statutes, is
26 amended to read:
27 316.299 Rough surfaced wheels prohibited.--No person
28 shall drive, propel, operate, or cause to be driven, propelled
29 or operated over any paved or graded public road of this state
30 any tractor engine, tractor or other vehicle or contrivance
31 having wheels provided with sharpened or roughened surfaces,
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1 other than roughened pneumatic rubber tires having studs
2 designed to improve traction without materially injuring the
3 surface of the highway, unless the rims or tires of the wheels
4 of such tractor engines, tractors, or other vehicles or
5 contrivances are provided with suitable filler blocks between
6 the cleats so as to form a smooth surface. This requirement
7 shall not apply to tractor engines, tractors, or other
8 vehicles or contrivances if the rims or tires of their wheels
9 are constructed in such manner as to prevent injury to such
10 roads. This restriction shall not apply to tractor engines,
11 tractors, and other vehicles or implements used by any county
12 or the Department of Transportation in the construction or
13 maintenance of roads or to farm implements weighing less than
14 1,000 pounds when provided with wheel surfaces of more than
15 1/2 inch in width. A violation of this section is a
16 noncriminal traffic infraction, punishable as a nonmoving
17 violation as provided in chapter 318.
18 Section 134. Subsection (4) is added to section
19 316.300, Florida Statutes, to read:
20 316.300 Certain vehicles to carry flares or other
21 devices.--
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 135. Subsection (10) is added to section
26 316.301, Florida Statutes, to read:
27 316.301 Display of warning lights and devices when
28 vehicle is stopped or disabled.--
29 (10) A violation of this section is a noncriminal
30 traffic infraction, punishable as a nonmoving violation as
31 provided in chapter 318.
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1 Section 136. Paragraph (c) of subsection (1) of
2 section 316.302, Florida Statutes, 1998 Supplement, is
3 reenacted, and paragraph (f) of subsection (2) of said section
4 is amended, to read:
5 316.302 Commercial motor vehicles; safety regulations;
6 transporters and shippers of hazardous materials;
7 enforcement.--
8 (1)
9 (c) Except as provided in s. 316.215(5), and except as
10 provided in s. 316.228 for rear overhang lighting and flagging
11 requirements for intrastate operations, the requirements of
12 this section supersede all other safety requirements of this
13 chapter for commercial motor vehicles.
14 (2)
15 (f) A person who operates a commercial motor vehicle
16 having a declared gross vehicle weight of less than 26,000
17 pounds solely in intrastate commerce and who is not
18 transporting hazardous materials, or who is transporting
19 petroleum products as defined in s. 376.301(31)(29), is exempt
20 from subsection (1). However, such person must comply with 49
21 C.F.R. parts 382, 392, 393, and 49 C.F.R. s. 396.9.
22 Section 137. Paragraph (c) of subsection (3) of
23 section 316.3025, Florida Statutes, is amended to read:
24 316.3025 Penalties.--
25 (3)
26 (c) A civil penalty of $250 may be assessed for:
27 1. A violation of the placarding requirements of 49
28 C.F.R. parts 171-179;
29 2. A violation of the shipping paper requirements of
30 49 C.F.R. parts 171-179;
31 3. A violation of 49 C.F.R. s. 392.10;
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1 4. A violation of 49 C.F.R. s. 397.5 395.5;
2 5. A violation of 49 C.F.R. s. 397.7;
3 6. A violation of 49 C.F.R. s. 397.13; or
4 7. A violation of 49 C.F.R. s. 397.15.
5 Section 138. Subsection (5) of section 316.3027,
6 Florida Statutes, is amended to read:
7 316.3027 Identification required on commercial motor
8 vehicles.--
9 (5) Any vehicle which meets the vehicle identification
10 requirements of the United States Department of Transportation
11 Interstate Commerce Commission regulations shall be considered
12 in compliance with this section.
13 Section 139. Subsection (4) is added to section
14 316.303, Florida Statutes, to read:
15 316.303 Television receivers.--
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 140. Subsection (4) is added to section
20 316.304, Florida Statutes, to read:
21 316.304 Wearing of headsets.--
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 141. Subsection (5) is added to section
26 316.3045, Florida Statutes, to read:
27 316.3045 Operation of radios or other mechanical
28 soundmaking devices or instruments in vehicles; exemptions.--
29 (5) A violation of this section is a noncriminal
30 traffic infraction, punishable as a nonmoving violation as
31 provided in chapter 318.
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1 Section 142. Subsection (3) is added to section
2 316.400, Florida Statutes, to read:
3 316.400 Headlamps.--
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 143. Subsection (2) of section 316.405,
8 Florida Statutes, is amended, and subsection (3) is added to
9 said section, to read:
10 316.405 Motorcycle headlights to be turned on.--
11 (2) Failure to comply with the provisions of this
12 section shall not be deemed negligence per se in any civil
13 action, but the violation of this section may be considered on
14 the issue of negligence if the violation of this section is a
15 proximate cause of a crash an accident.
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 144. Subsection (3) is added to section
20 316.410, Florida Statutes, to read:
21 316.410 Taillamps.--
22 (3) A violation of this section is a noncriminal
23 traffic infraction, punishable as a nonmoving violation as
24 provided in chapter 318.
25 Section 145. Section 316.415, Florida Statutes, is
26 amended to read:
27 316.415 Reflectors.--Every motorcycle and motor-driven
28 cycle shall carry on the rear, either as part of the taillamp
29 or separately, at least one red reflector. A violation of this
30 section is a noncriminal traffic infraction, punishable as a
31 nonmoving violation as provided in chapter 318.
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1 Section 146. Section 316.420, Florida Statutes, is
2 amended to read:
3 316.420 Stop lamps.--Every motorcycle and motor-driven
4 cycle shall be equipped with at least one stop lamp meeting
5 the requirements of s. 316.234(1). A violation of this section
6 is a noncriminal traffic infraction, punishable as a nonmoving
7 violation as provided in chapter 318.
8 Section 147. Subsection (3) is added to section
9 316.425, Florida Statutes, to read:
10 316.425 Lamps on parked motorcycles.--
11 (3) A violation of this section is a noncriminal
12 traffic infraction, punishable as a nonmoving violation as
13 provided in chapter 318.
14 Section 148. Subsection (3) is added to section
15 316.430, Florida Statutes, to read:
16 316.430 Multiple-beam road-lighting equipment.--
17 (3) A violation of this section is a noncriminal
18 traffic infraction, punishable as a nonmoving violation as
19 provided in chapter 318.
20 Section 149. Section 316.435, Florida Statutes, is
21 amended to read:
22 316.435 Lighting equipment for motor-driven
23 cycles.--The headlamp or headlamps upon every motor-driven
24 cycle may be of the single-beam or multiple-beam type, but in
25 either event shall comply with the requirements and
26 limitations as follows:
27 (1) Every such headlamp or headlamps on a motor-driven
28 cycle shall be of sufficient intensity to reveal persons and
29 vehicles at a distance of not less than 100 feet when the
30 motor-driven cycle is operated at any speed less than 25 miles
31 per hour; at a distance of not less than 200 feet when the
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1 motor-driven cycle is operated at a speed of 25 or more miles
2 per hour; and at a distance of not less than 300 feet when the
3 motor-driven cycle is operated at a speed of 35 or more miles
4 per hour.
5 (2) In the event the motor-driven cycle is equipped
6 with a multiple-beam headlamp or headlamps, such equipment
7 shall comply with the requirements of s. 316.430(2).
8
9 A violation of this section is a noncriminal traffic
10 infraction, punishable as a nonmoving violation as provided in
11 chapter 318.
12 Section 150. Section 316.440, Florida Statutes, is
13 amended to read:
14 316.440 Brake equipment required.--Every motor-driven
15 cycle must comply with the provisions of s. 316.261, except
16 that:
17 (1) Motorcycles and motor-driven cycles need not be
18 equipped with parking brakes.
19 (2) The wheel of a sidecar attached to a motorcycle or
20 to a motor-driven cycle, and the front wheel of a motor-driven
21 cycle, need not be equipped with brakes, provided that such
22 motorcycle or motor-driven cycle is capable of complying with
23 the performance requirements of this chapter.
24
25 A violation of this section is a noncriminal traffic
26 infraction, punishable as a nonmoving violation as provided in
27 chapter 318.
28 Section 151. Subsection (3) is added to section
29 316.445, Florida Statutes, to read:
30 316.445 Performance ability of motorcycle brakes.--
31
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1 (3) A violation of this section is a noncriminal
2 traffic infraction, punishable as a nonmoving violation as
3 provided in chapter 318.
4 Section 152. Subsection (4) is added to section
5 316.450, Florida Statutes, to read:
6 316.450 Brakes on motor-driven cycles.--
7 (4) A violation of this section is a noncriminal
8 traffic infraction, punishable as a nonmoving violation as
9 provided in chapter 318.
10 Section 153. Section 316.455, Florida Statutes, is
11 amended to read:
12 316.455 Other equipment.--Every motorcycle and every
13 motor-driven cycle when operated upon a highway shall comply
14 with the requirements and limitations of:
15 (1) Section 316.271(1) and (2) on the requirement for
16 horns and warning devices.
17 (2) Section 316.271(3) on the requirement for the use
18 of horns.
19 (3) Section 316.271(4) on the requirement for sirens,
20 whistles, and bells.
21 (4) Section 316.271(5) on the requirement for theft
22 alarms.
23 (5) Section 316.271(6) on the requirement for
24 emergency vehicles.
25 (6) Section 316.272 on the requirement for mufflers
26 and prevention of noise.
27 (7) Section 316.294 on the requirement for mirrors.
28
29 A violation of this section is a noncriminal traffic
30 infraction, punishable as a nonmoving violation as provided in
31 chapter 318.
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1 Section 154. Section 316.46, Florida Statutes, is
2 amended to read:
3 316.46 Equipment regulations for mopeds.--No person
4 may operate a moped that does not conform to all applicable
5 federal motor vehicle safety standards relating to lights and
6 safety and other equipment contained in Title 49, Code of
7 Federal Regulations. A violation of this section is a
8 noncriminal traffic infraction, punishable as a nonmoving
9 violation as provided in chapter 318.
10 Section 155. Section 316.510, Florida Statutes, is
11 amended to read:
12 316.510 Projecting loads on passenger vehicles.--No
13 passenger type vehicle shall be operated on any highway with
14 any load carried thereon extending beyond the fenders on the
15 left side of the vehicle or extending more than 6 inches
16 beyond the line of the fenders on the right side thereof. A
17 violation of this section is a noncriminal traffic infraction,
18 punishable as a nonmoving violation as provided in chapter
19 318.
20 Section 156. Subsection (3) is added to section
21 316.520, Florida Statutes, to read:
22 316.520 Loads on vehicles.--
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 157. Subsection (3) is added to section
27 316.525, Florida Statutes, to read:
28 316.525 Requirements for vehicles hauling loads.--
29 (3) A violation of this section is a noncriminal
30 traffic infraction, punishable as a nonmoving violation as
31 provided in chapter 318.
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1 Section 158. Subsection (4) is added to section
2 316.530, Florida Statutes, to read:
3 316.530 Towing requirements.--
4 (4) A violation of this section is a noncriminal
5 traffic infraction, punishable as a moving violation as
6 provided in chapter 318.
7 Section 159. Section 316.600, Florida Statutes, is
8 amended to read:
9 316.600 Health and sanitation hazards.--No motor
10 vehicle, trailer or semitrailer shall be equipped with an open
11 toilet or other device that may be a hazard from a health and
12 sanitation standpoint. A violation of this section is a
13 noncriminal traffic infraction, punishable as a nonmoving
14 violation as provided in chapter 318.
15 Section 160. Section 316.605, Florida Statutes, is
16 amended to read:
17 316.605 Licensing of vehicles.--
18 (1) Every vehicle, at all times while driven, stopped,
19 or parked upon any highways, roads, or streets of this state,
20 shall be licensed in the name of the owner thereof in
21 accordance with the laws of this state unless such vehicle is
22 not required by the laws of this state to be licensed in this
23 state and shall, except as otherwise provided in s. 320.0706
24 for front-end registration license plates on truck tractors,
25 display the license plate or both of the license plates
26 assigned to it by the state, one on the rear and, if two, the
27 other on the front of the vehicle, each to be securely
28 fastened to the vehicle outside the main body of the vehicle
29 in such manner as to prevent the plates from swinging, with
30 all letters, numerals, printing, writing, and other
31 identification marks upon the plates clear and distinct and
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1 free from defacement, mutilation, grease, and other obscuring
2 matter, so that they will be plainly visible and legible at
3 all times 100 feet from the rear or front. Nothing shall be
4 placed upon the face of a Florida plate except as permitted by
5 law or by rule or regulation of a governmental agency. No
6 license plates other than those furnished by the state shall
7 be used. However, if the vehicle is not required to be
8 licensed in this state, the license plates on such vehicle
9 issued by another state, by a territory, possession, or
10 district of the United States, or by a foreign country,
11 substantially complying with the provisions hereof, shall be
12 considered as complying with this chapter. A violation of this
13 subsection is a noncriminal traffic infraction, punishable as
14 a nonmoving violation as provided in chapter 318.
15 (2) Any commercial motor vehicle, as defined in s.
16 316.003(66), operating over the highways of this state with an
17 expired registration, with no registration from this or any
18 other jurisdiction, or with no registration under the
19 applicable provisions of chapter 320 shall be in violation of
20 s. 320.07(3) and shall subject the owner or operator of such
21 vehicle to the penalty provided in s. 318.18. In addition, a
22 commercial motor vehicle found in violation of this section
23 may be detained by any law enforcement officer until the owner
24 or operator produces evidence that the vehicle has been
25 properly registered and that any applicable delinquent
26 penalties have been paid.
27 Section 161. Subsection (5) of section 316.613,
28 Florida Statutes, is amended to read:
29 316.613 Child restraint requirements.--
30 (5) Any person who violates the provisions of this
31 section commits a moving violation, punishable as provided in
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1 chapter 318 and shall have 3 points assessed against his or
2 her driver's license as set forth in s. 322.27. In lieu of the
3 penalty specified in s. 318.18 and the assessment of points, a
4 person who violates the provisions of this section may elect,
5 with the court's approval, to participate in a child restraint
6 safety program approved by the chief judge of the circuit in
7 which the violation occurs, and upon completing such program,
8 the penalty specified in chapter 318 and associated costs may
9 be waived at the court's discretion and the assessment of
10 points shall be waived. The child restraint safety program
11 must use a course approved by the Department of Transportation
12 Health and Rehabilitative Services, and the fee for the course
13 must bear a reasonable relationship to the cost of providing
14 the course.
15 Section 162. Subsection (5) of section 316.6135,
16 Florida Statutes, is amended to read:
17 316.6135 Leaving children unattended or unsupervised
18 in motor vehicle; penalty; authority of law enforcement
19 officer.--
20 (5) The child shall be remanded to the custody of the
21 Department of Children and Family Health and Rehabilitative
22 Services pursuant to chapter 39, unless the law enforcement
23 officer is able to locate the parents or legal guardian or
24 other person responsible for the child.
25 Section 163. Subsection (6) is added to section
26 316.615, Florida Statutes, to read:
27 316.615 School buses; physical requirements of
28 drivers.--
29 (6) A violation of this section is a noncriminal
30 traffic infraction, punishable as a nonmoving violation as
31 provided in chapter 318.
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1 Section 164. Subsection (7) is added to section
2 316.620, Florida Statutes, to read:
3 316.620 Transportation of migrant farm workers.--Every
4 carrier of migrant farm workers shall systematically inspect
5 and maintain, or cause to be systematically maintained, all
6 motor vehicles and their accessories subject to its control to
7 ensure that such motor vehicles and accessories are in safe
8 and proper operating condition in accordance with the
9 provisions of this chapter.
10 (7) VIOLATIONS.--A violation of this section is a
11 noncriminal traffic infraction, punishable as a nonmoving
12 violation as provided in chapter 318.
13 Section 165. Paragraph (b) of subsection (2),
14 paragraph (b) of subsection (3), and paragraph (b) of
15 subsection (5) of section 316.640, Florida Statutes, are
16 amended to read:
17 316.640 Enforcement.--The enforcement of the traffic
18 laws of this state is vested as follows:
19 (2) COUNTIES.--
20 (b) The sheriff's office of each county may employ as
21 a traffic crash accident investigation officer any individual
22 who successfully completes at least 200 hours of instruction
23 in traffic crash accident investigation and court presentation
24 through the Selective Traffic Enforcement Program (STEP) as
25 approved by the Criminal Justice Standards and Training
26 Commission and funded through the National Highway Traffic
27 Safety Administration (NHTSA) or a similar program approved by
28 the commission, but who does not necessarily otherwise meet
29 the uniform minimum standards established by the commission
30 for law enforcement officers or auxiliary law enforcement
31 officers under chapter 943. Any such traffic crash accident
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1 investigation officer who makes an investigation at the scene
2 of a traffic crash accident may issue traffic citations when,
3 based upon personal investigation, he or she has reasonable
4 and probable grounds to believe that a person who was involved
5 has committed an offense under this chapter in connection with
6 the crash accident. This paragraph does not permit the
7 carrying of firearms or other weapons, nor do such officers
8 have arrest authority other than for the issuance of a traffic
9 citation as authorized in this paragraph.
10 (3) MUNICIPALITIES.--
11 (b) The police department of a chartered municipality
12 may employ as a traffic crash accident investigation officer
13 any individual who successfully completes at least 200 hours
14 of instruction in traffic crash accident investigation and
15 court presentation through the Selective Traffic Enforcement
16 Program (STEP) as approved by the Criminal Justice Standards
17 and Training Commission and funded through the National
18 Highway Traffic Safety Administration (NHTSA) or a similar
19 program approved by the commission, but who does not otherwise
20 meet the uniform minimum standards established by the
21 commission for law enforcement officers or auxiliary law
22 enforcement officers under chapter 943. Any such traffic crash
23 accident investigation officer who makes an investigation at
24 the scene of a traffic crash accident is authorized to issue
25 traffic citations when, based upon personal investigation, he
26 or she has reasonable and probable grounds to believe that a
27 person involved has committed an offense under the provisions
28 of this chapter in connection with the crash accident.
29 Nothing in this paragraph shall be construed to permit the
30 carrying of firearms or other weapons, nor shall such officers
31
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1 have arrest authority other than for the issuance of a traffic
2 citation as authorized above.
3 (5)
4 (b) The traffic enforcement officer shall be employed
5 in relationship to a selective traffic enforcement program at
6 a fixed location or as part of a crash an accident
7 investigation team at the scene of a vehicle crash accident or
8 in other types of traffic infraction enforcement under the
9 direction of a fully qualified law enforcement officer;
10 however, it is not necessary that the traffic infraction
11 enforcement officer's duties be performed under the immediate
12 supervision of a fully qualified law enforcement officer.
13 Section 166. Section 316.645, Florida Statutes, is
14 amended to read:
15 316.645 Arrest authority of officer at scene of a
16 traffic crash accident.--A police officer who makes an
17 investigation at the scene of a traffic crash accident may
18 arrest any driver of a vehicle involved in the crash accident
19 when, based upon personal investigation, the officer has
20 reasonable and probable grounds to believe that the person has
21 committed any offense under the provisions of this chapter or
22 chapter 322 in connection with the crash accident.
23 Section 167. Paragraph (b) of subsection (1) of
24 section 316.70, Florida Statutes, is amended to read:
25 316.70 Nonpublic sector buses; safety rules.--
26 (1) The Department of Transportation shall establish
27 and revise standards to assure the safe operation of nonpublic
28 sector buses, as defined in s. 316.003(78), which standards
29 shall be those contained in 49 C.F.R. parts 382, 385, and
30 390-397 and which shall be directed towards assuring that:
31
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1 (b) Nonpublic sector buses are carrying the insurance
2 required by law and carrying liability insurance on the
3 checked baggage of passengers not to exceed the standard
4 adopted by the United States Department of Transportation
5 Interstate Commerce Commission.
6 Section 168. Section 318.12, Florida Statutes, is
7 amended to read:
8 318.12 Purpose.--It is the legislative intent in the
9 adoption of this chapter to decriminalize certain violations
10 of chapter 316, the Florida Uniform Traffic Control Law;
11 chapter 320, Motor Vehicle Licenses; chapter 322, Drivers'
12 Licenses; chapter 339, Florida Transportation Code, Sixth
13 Part; chapter 240, Postsecondary Education 239, Universities;
14 Scholarships, etc.; and chapter 338, Florida Intrastate
15 Highway System and Toll Facilities 340, Turnpike Projects,
16 thereby facilitating the implementation of a more uniform and
17 expeditious system for the disposition of traffic infractions.
18 Section 169. Subsection (5) of section 318.13, Florida
19 Statutes, is amended to read:
20 318.13 Definitions.--The following words and phrases,
21 when used in this chapter, shall have the meanings
22 respectively ascribed to them in this section, except where
23 the context otherwise requires:
24 (5) "Officer" means any law enforcement officer
25 charged with and acting under his or her authority to arrest
26 persons suspected of, or known to be, violating statutes or
27 ordinances regulating traffic or the operation or equipment of
28 vehicles. "Officer" includes any individual employed by a
29 sheriff's department or the police department of a chartered
30 municipality who is acting as a traffic infraction enforcement
31 officer as provided in s. 316.640 318.141.
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1 Section 170. Subsections (1), (4), (9), and (10) of
2 section 318.14, Florida Statutes, are amended to read:
3 318.14 Noncriminal traffic infractions; exception;
4 procedures.--
5 (1) Except as provided in ss. 318.17 and
6 320.07(3)(c)(b), any person cited for a violation of s.
7 240.265, chapter 316, s. 320.0605(1), s. 320.07(3)(a), s.
8 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.1615 s.
9 322.161(4), or s. 322.19 is charged with a noncriminal
10 infraction and must be cited for such an infraction and cited
11 to appear before an official. If another person dies as a
12 result of the noncriminal infraction, the person cited may be
13 required to perform 120 community service hours under s.
14 316.027(4), in addition to any other penalties.
15 (4) Any person charged with a noncriminal infraction
16 under this section who does not elect to appear shall pay the
17 civil penalty and delinquent fee, if applicable, either by
18 mail or in person, within 30 days of the date of receiving the
19 citation. If the person cited follows the above procedure, he
20 or she shall be deemed to have admitted the infraction and to
21 have waived his or her right to a hearing on the issue of
22 commission of the infraction. Such admission shall not be
23 used as evidence in any other proceedings. Any person who is
24 cited for a violation of s. 320.0605(1) or s. 322.15(1), or
25 subject to a penalty under s. 320.07(3)(a) or s. 322.065, and
26 who makes an election under this subsection shall submit proof
27 of compliance with the applicable section to the clerk of the
28 court. For the purposes of this subsection, proof of
29 compliance consists of a valid driver's license or a valid
30 registration certificate.
31
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1 (9) Any person who is cited for an infraction under
2 this section other than a violation of s. 320.0605(1), s.
3 320.07(3)(a), s. 322.065, s. 322.15(1), s. 322.61, or s.
4 322.62 may, in lieu of a court appearance, elect to attend in
5 the location of his or her choice within this state a basic
6 driver improvement course approved by the Department of
7 Highway Safety and Motor Vehicles. In such a case,
8 adjudication must be withheld; points, as provided by s.
9 322.27, may not be assessed; and the civil penalty that is
10 imposed by s. 318.18(3) must be reduced by 18 percent;
11 however, a person may not make an election under this
12 subsection if the person has made an election under this
13 subsection in the preceding 12 months. A person may make no
14 more than five elections under this subsection. The
15 requirement for community service under s. 318.18(8)(7) is not
16 waived by a plea of nolo contendere or by the withholding of
17 adjudication of guilt by a court.
18 (10)(a) Any person cited for an offense listed under
19 this subsection may, in lieu of payment of fine or court
20 appearance, elect to enter a plea of nolo contendere and
21 provide proof of compliance to the clerk of the court or
22 authorized operator of a traffic violations bureau. In such
23 case, adjudication shall be withheld; however, no election
24 shall be made under this subsection if such person has made an
25 election under this subsection in the 12 months preceding
26 election hereunder. No person may make more than three
27 elections under this subsection. This subsection applies to
28 the following offenses:
29 1. Operating a motor vehicle without a valid driver's
30 license in violation of the provisions of s. 322.03, s.
31 322.065, or s. 322.15(1), or operating a motor vehicle with a
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1 license which has been suspended for failure to appear,
2 failure to pay civil penalty, or failure to attend a driver
3 improvement course pursuant to s. 322.291.
4 2. Operating a motor vehicle without a valid
5 registration in violation of s. 320.0605, or s. 320.07, or s.
6 320.131.
7 3. Operating a motor vehicle in violation of s.
8 316.646.
9 (b) Any person cited for an offense listed in this
10 subsection shall present proof of compliance prior to the
11 scheduled court appearance date. For the purposes of this
12 subsection, proof of compliance shall consist of a valid,
13 renewed, or reinstated driver's license or registration
14 certificate and proper proof of maintenance of security as
15 required by s. 316.646. Notwithstanding waiver of fine, any
16 person establishing proof of compliance shall be assessed
17 court costs of $22, except that a person charged with
18 violation of s. 316.646(1)-(3) may be assessed court costs of
19 $7. One dollar of such costs shall be distributed to the
20 Department of Children and Family Health and Rehabilitative
21 Services for deposit into the Child Welfare Training Trust
22 Fund. One dollar of such costs shall be distributed to the
23 Department of Juvenile Justice for deposit into the Juvenile
24 Justice Training Trust Fund. Twelve dollars of such costs
25 shall be distributed to the municipality and $8 shall be
26 retained by the county, if the offense was committed within
27 the municipality. If the offense was committed in an
28 unincorporated area of a county or if the citation was for a
29 violation of s. 316.646(1)-(3), the county shall retain the
30 entire amount, except for the moneys to be deposited into the
31 Child Welfare Training Trust Fund and the Juvenile Justice
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1 Training Trust Fund. This subsection shall not be construed
2 to authorize the operation of a vehicle without a valid
3 driver's license, without a valid vehicle tag and
4 registration, or without the maintenance of required security.
5 Section 171. Subsection (2) of section 318.1451,
6 Florida Statutes, is amended to read:
7 318.1451 Driver improvement schools.--
8 (2) In determining whether to approve the courses
9 referenced in this section, the department shall consider
10 course content designed to promote safety, driver awareness,
11 crash accident avoidance techniques, and other factors or
12 criteria to improve driver performance from a safety
13 viewpoint.
14 Section 172. Subsections (2) and (5) of section
15 318.17, Florida Statutes, are amended to read:
16 318.17 Offenses excepted.--No provision of this
17 chapter is available to a person who is charged with any of
18 the following offenses:
19 (2) Leaving the scene of a crash an accident, in
20 violation of ss. 316.027 and 316.061;
21 (5) Making false crash accident reports, in violation
22 of s. 316.067;
23 Section 173. Subsection (1) of section 318.18, Florida
24 Statutes, 1998 Supplement, is amended to read:
25 318.18 Amount of civil penalties.--The penalties
26 required for a noncriminal disposition pursuant to s. 318.14
27 are as follows:
28 (1) Fifteen dollars for:
29 (a) All infractions of pedestrian regulations.,
30 (b) All infractions of s. 316.2065, unless otherwise
31 specified. and
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1 (c) Other violations of chapter 316 by persons 14
2 years of age or under who are operating bicycles, regardless
3 of the noncriminal traffic infraction's classification.
4 Section 174. Subsections (1) and (2) of section
5 318.19, Florida Statutes, are amended to read:
6 318.19 Infractions requiring a mandatory hearing.--Any
7 person cited for the infractions listed in this section shall
8 not have the provisions of s. 318.14(2), (4), and (9)
9 available to him or her but must appear before the designated
10 official at the time and location of the scheduled hearing:
11 (1) Any infraction which results in a crash an
12 accident that causes the death of another; or
13 (2) Any infraction which results in a crash an
14 accident that causes "serious bodily injury" of another as
15 defined in s. 316.1933(1); or
16 Section 175. Subsections (4) and (7) of section
17 318.21, Florida Statutes, 1998 Supplement, are amended to
18 read:
19 318.21 Disposition of civil penalties by county
20 courts.--All civil penalties received by a county court
21 pursuant to the provisions of this chapter shall be
22 distributed and paid monthly as follows:
23 (4) Of the additional fine assessed under s.
24 318.18(3)(e)(d) for a violation of s. 316.1301, 40 percent
25 must be deposited into the Grants and Donations Trust Fund of
26 the Division of Blind Services of the Department of Labor and
27 Employment Security, and 60 percent must be distributed
28 pursuant to subsections (1) and (2) of this section.
29 (7) For fines assessed under s. 318.18(3) for unlawful
30 speed, the following amounts must be deducted and deposited
31 into the Nongame Wildlife Trust Fund:
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1
2 For speed exceeding the limit by: Fine:
3 1-5 m.p.h.............................................. $ .00
4 61-9 m.p.h..............................................$ .25
5 10-14 m.p.h.............................................$ 3.00
6 15-19 m.p.h.............................................$ 4.00
7 20-29 m.p.h.............................................$ 5.00
8 30 m.p.h. and above.....................................$10.00
9
10 The remaining amount must be distributed pursuant to
11 subsections (1) and (2).
12 Section 176. Paragraph (b) of subsection (1) of
13 section 318.32, Florida Statutes, is amended to read:
14 318.32 Jurisdiction; limitations.--
15 (1) Hearing officers shall be empowered to accept
16 pleas from and decide the guilt or innocence of any person,
17 adult or juvenile, charged with any civil traffic infraction
18 and shall be empowered to adjudicate or withhold adjudication
19 of guilt in the same manner as a county court judge under the
20 statutes, rules, and procedures presently existing or as
21 subsequently amended, except that hearing officers shall not:
22 (b) Hear a case involving a crash an accident
23 resulting in injury or death; or
24 Section 177. Section 318.39, Florida Statutes, is
25 repealed.
26 Section 178. Paragraph (b) of subsection (2) of
27 section 319.28, Florida Statutes, is amended to read:
28 319.28 Transfer of ownership by operation of law.--
29 (2)
30 (b) In case of repossession of a motor vehicle or
31 mobile home pursuant to the terms of a security agreement or
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1 similar instrument, an affidavit by the party to whom
2 possession has passed stating that the vehicle or mobile home
3 was repossessed upon default in the terms of the security
4 agreement or other instrument shall be considered satisfactory
5 proof of ownership and right of possession. At least 5 days
6 prior to selling the repossessed vehicle, any subsequent
7 lienholder named in the last issued certificate of title shall
8 be sent notice of the repossession by certified mail, on a
9 form prescribed by the department. If such notice is given
10 and no written protest to the department is presented by a
11 subsequent lienholder within 15 days from the date on which
12 the notice was mailed, the certificate of title or the
13 certificate of repossession shall be issued showing no liens.
14 If the former owner or any subsequent lienholder files a
15 written protest under oath within such 15-day period, the
16 department shall not issue the certificate of title or
17 certificate of repossession for 10 days thereafter. If within
18 the 10-day period no injunction or other order of a court of
19 competent jurisdiction has been served on the department
20 commanding it not to deliver the certificate of title or
21 certificate of repossession, the department shall deliver the
22 certificate of title or repossession to the applicant or as
23 may otherwise be directed in the application showing no other
24 liens than those shown in the application. Any lienholder who
25 has repossessed a vehicle in compliance with the provisions of
26 this section may apply to the tax collector's office or to the
27 department for a certificate of repossession or to the
28 department for a certificate of title pursuant to s. 319.323.
29 Proof of the required notice to subsequent lienholders shall
30 be submitted together with regular title fees. A lienholder
31 to whom a certificate of repossession has been issued may
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1 assign the certificate of title to the subsequent owner. Any
2 person found guilty of violating any requirements of this
3 paragraph shall be guilty of a felony of the third degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084.
6 Section 179. Paragraph (d) of subsection (1) of
7 section 319.33, Florida Statutes, is amended to read:
8 319.33 Offenses involving vehicle identification
9 numbers, applications, certificates, papers; penalty.--
10 (1) It is unlawful:
11 (d) To possess, sell or offer for sale, conceal, or
12 dispose of in this state a motor vehicle or mobile home, or
13 major component part thereof, on which the motor number or
14 vehicle identification number has been destroyed, removed,
15 covered, altered, or defaced, with knowledge of such
16 destruction, removal, covering, alteration, or defacement,
17 except as provided in s. 319.30(4)(3).
18 Section 180. Subsection (12) of section 320.02,
19 Florida Statutes, is amended to read:
20 320.02 Registration required; application for
21 registration; forms.--
22 (12) The department is authorized to withhold
23 registration or reregistration of any motor vehicle if the
24 owner, or one of the coowners of the vehicle, has a driver's
25 license which is under suspension for the failure to remit
26 payment of any fines levied in this state pursuant to chapter
27 318 or chapter 322. The department shall design and implement
28 a program to accomplish this action by June 1, 1992. However,
29 nothing in this subsection shall be construed to prohibit the
30 department from withholding registration or renewal for a
31 similar situation during the interim.
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1 Section 181. Subsections (7) and (8) of section
2 320.03, Florida Statutes, 1998 Supplement, are amended to
3 read:
4 320.03 Registration; duties of tax collectors;
5 International Registration Plan.--
6 (7) The Department of Highway Safety and Motor
7 Vehicles shall register apportioned motor vehicles under the
8 provisions of the International Registration Plan.
9 Implementation of the plan shall occur by July 1, 1986, for
10 the 1986-1987 registration period. The department may adopt
11 rules to implement and enforce the provisions of the plan.
12 (8) If the applicant's name appears on the list
13 referred to in s. 316.1001(4)(5) or s. 316.1967(6), a license
14 plate or revalidation sticker may not be issued until that
15 person's name no longer appears on the list or until the
16 person presents a receipt from the clerk showing that the
17 fines outstanding have been paid. The tax collector and the
18 clerk of the court are each entitled to receive monthly, as
19 costs for implementing and administering this subsection, 10
20 percent of the civil penalties and fines recovered from such
21 persons. If the tax collector has private tag agents, such tag
22 agents are entitled to receive a pro rata share of the amount
23 paid to the tax collector, based upon the percentage of
24 license plates and revalidation stickers issued by the tag
25 agent compared to the total issued within the county. The
26 authority of any private agent to issue license plates shall
27 be revoked, after notice and a hearing as provided in chapter
28 120, if he or she issues any license plate or revalidation
29 sticker contrary to the provisions of this subsection. This
30 section applies only to the annual renewal in the owner's
31 birth month of a motor vehicle registration and does not apply
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1 to the transfer of a registration of a motor vehicle sold by a
2 motor vehicle dealer licensed under this chapter, except for
3 the transfer of registrations which is inclusive of the annual
4 renewals. This section does not affect the issuance of the
5 title to a motor vehicle, notwithstanding s. 319.23(7)(b).
6 Section 182. Section 320.031, Florida Statutes, is
7 amended to read:
8 320.031 Mailing of registration certificates, license
9 plates, and validation stickers.--
10 (1) The department and the tax collectors of the
11 several counties of the state may at the request of the
12 applicant use United States mail service to deliver
13 registration certificates and renewals thereof, license
14 plates, mobile home stickers, and validation stickers to
15 applicants.
16 (2) A mail service charge may be collected for each
17 registration certificate, license plate, mobile home sticker,
18 and validation sticker mailed by the department or any tax
19 collector. Each registration certificate, license plate,
20 mobile home sticker, and validation sticker shall be mailed by
21 first-class mail unless otherwise requested by the applicant.
22 The amount of the mail service charge shall be the actual
23 postage required, rounded to the nearest 5 cents, plus a
24 25-cent handling charge. The mail service charge is in
25 addition to the service charge provided by s. 320.04.
26 (3) The department is authorized to reproduce such
27 documents, records, and reports as required to meet the
28 requirements of the law and the needs of the public, either by
29 photographing, microphotographing, or reproducing on film the
30 document, record, or report, or by using an electronic
31 digitizing process capable of reproducing a true and correct
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1 image of the original source document. The photographs,
2 microphotographs, or electronic digitized copy of any records
3 made in compliance with the provisions of this section shall
4 have the same force and effect as the originals thereof and
5 shall be treated as originals for the purpose of their
6 admissibility into evidence. Duly certified or authenticated
7 reproductions of such photographs, microphotographs, or
8 electronically digitized records shall be admitted into
9 evidence equally with the original photographs,
10 microphotographs, or electronically digitized records.
11 Section 183. Subsections (1) and (5) of section
12 320.055, Florida Statutes, are amended to read:
13 320.055 Registration periods; renewal periods.--The
14 following registration periods and renewal periods are
15 established:
16 (1) For a motor vehicle subject to registration under
17 s. 320.08(1), (2), (3)(a), (b), (c), (d), or (e), (5)(b), (c),
18 (d), or (f) (e), (6)(a), (7), (8), (9), or (10) and owned by a
19 natural person, the registration period begins the first day
20 of the birth month of the owner and ends the last day of the
21 month immediately preceding the owner's birth month in the
22 succeeding year. If such vehicle is registered in the name of
23 more than one person, the birth month of the person whose name
24 first appears on the registration shall be used to determine
25 the registration period. For a vehicle subject to this
26 registration period, the renewal period is the 30-day period
27 ending at midnight on the vehicle owner's date of birth.
28 (5) For a vehicle subject to registration under s.
29 320.08(4), (5)(a)1., (e), or (6)(b), or (14), the registration
30 period shall be a period of 12 months beginning in a month
31 designated by the department and ending on the last day of the
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1 12th month. For a vehicle subject to this registration
2 period, the renewal period is the last month of the
3 registration period. The registration period may be shortened
4 or extended at the discretion of the department, on receipt of
5 the appropriate prorated fees, in order to evenly distribute
6 such registrations on a monthly basis.
7 Section 184. Paragraph (b) of subsection (1) and
8 paragraph (a) of subsection (3) of section 320.06, Florida
9 Statutes, are amended to read:
10 320.06 Registration certificates, license plates, and
11 validation stickers generally.--
12 (1)
13 (b) Registration license plates bearing a graphic
14 symbol and the alphanumeric system of identification shall be
15 issued for a 5-year period. At the end of said 5-year period,
16 upon renewal, the plate shall be replaced and the department
17 shall determine the replacement date for plates issued prior
18 to October 1, 1985. The fee for such replacement shall be
19 $10, $2 of which shall be paid each year before the plate is
20 replaced, to be credited towards the next $10 replacement fee.
21 The fees shall be deposited into the Highway Safety Operating
22 Trust Fund. A credit or refund shall not be given for any
23 prior years' payments of such prorated replacement fee when
24 the plate is replaced or surrendered before the end of the
25 5-year period. With each license plate, there shall be issued
26 a validation sticker showing the owner's birth month or the
27 appropriate renewal period if the owner is not a natural
28 person. This validation sticker shall be placed on the upper
29 left corner of the license plate and shall be issued one time
30 during the life of the license plate, or upon request when it
31 has been damaged or destroyed. There shall also be issued
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1 with each license plate a serially numbered validation sticker
2 showing the year of expiration, which sticker shall be placed
3 on the upper right corner of the license plate. Such license
4 plate and validation stickers shall be issued based on the
5 applicant's appropriate renewal period. The registration
6 period shall be a period of 12 months, and all expirations
7 shall occur based on the applicant's appropriate registration
8 period. A vehicle with an apportioned registration shall be
9 issued an annual license plate and a cab card that denote the
10 declared gross vehicle weight for each apportioned
11 jurisdiction in which the vehicle is authorized to operate.
12 (3)(a) Registration license plates shall be of metal
13 specially treated with a retroreflective material, as
14 specified by the department. The registration license plate is
15 designed to increase nighttime visibility and legibility and
16 shall be at least 6 inches wide and not less than 12 inches in
17 length, unless a plate with reduced dimensions is deemed
18 necessary by the department to accommodate motorcycles,
19 mopeds, or similar smaller vehicles. Validation stickers shall
20 be treated with a retroreflective material, shall be of such
21 size as specified by the department, and shall adhere to the
22 license plate. The registration license plate shall be
23 imprinted with a combination of bold letters and numerals or
24 numerals, not to exceed seven digits, to identify the
25 registration license plate number. The license plate shall
26 also be imprinted with the word "Florida" at the top and the
27 name of the county in which it is sold at the bottom, except
28 that apportioned license plates shall have the word
29 "Apportioned" at the bottom and license plates issued for
30 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
31 (c), (12), or (14) shall have the word "Restricted" at the
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1 bottom. License plates issued for vehicles taxed under s.
2 320.08(12) must be imprinted with the word "Florida" at the
3 top and the word "Dealer" at the bottom., except that
4 gross-vehicle-weight vehicles owned by a licensed motor
5 vehicle dealer may be issued a license plate with the word
6 "Restricted." License plates issued for vehicles taxed under
7 s. 320.08(5)(d) or (e) must be imprinted with the word
8 "Wrecker" at the bottom. Any county may, upon majority vote
9 of the county commission, elect to have the county name
10 removed from the license plates sold in that county. The words
11 "Sunshine State" shall be printed in lieu thereof. In those
12 counties where the county commission has not removed the
13 county name from the license plate, the tax collector may, in
14 addition to issuing license plates with the county name
15 printed on the license plate, also issue license plates with
16 the words "Sunshine State" printed on the license plate
17 subject to the approval of the department and a legislative
18 appropriation for the additional license plates. A license
19 plate issued for a vehicle taxed under s. 320.08(6) may not be
20 assigned a registration license number, or be issued with any
21 other distinctive character or designation, that distinguishes
22 the motor vehicle as a for-hire motor vehicle.
23 Section 185. Subsection (1) of section 320.0601,
24 Florida Statutes, is amended to read:
25 320.0601 Rental car companies; identification of
26 vehicles as for-hire.--
27 (1) Effective September 1, 1993, A rental car company
28 may not rent in this state any for-hire vehicle, other than
29 vehicles designed to transport cargo, that has affixed to its
30 exterior any bumper stickers, insignias, or advertising that
31 identifies the vehicle as a rental vehicle.
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1 Section 186. Section 320.0605, Florida Statutes, is
2 amended to read:
3 320.0605 Certificate of registration; possession
4 required; exception.--The registration certificate or an
5 official copy thereof, a true copy of a rental or lease
6 agreement issued for a motor vehicle or issued for a
7 replacement vehicle in the same registration period, or a cab
8 card issued for a vehicle registered under the International
9 Registration Plan shall, at all times while the vehicle is
10 being used or operated on the roads of this state, be in the
11 possession of the operator thereof or be carried in the
12 vehicle for which issued and shall be exhibited upon demand of
13 any authorized law enforcement officer or any agent of the
14 department. The provisions of this section do not apply during
15 the first 30 days after purchase of a replacement vehicle. 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 187. Paragraph (a) of subsection (3) of
20 section 320.07, Florida Statutes, is amended to read:
21 320.07 Expiration of registration; annual renewal
22 required; penalties.--
23 (3) The operation of any motor vehicle without having
24 attached thereto a registration license plate and validation
25 stickers, or the use of any mobile home without having
26 attached thereto a mobile home sticker, for the current
27 registration period shall subject the owner thereof, if he or
28 she is present, or, if the owner is not present, the operator
29 thereof to the following penalty provisions:
30 (a) Any person whose motor vehicle or mobile home
31 registration has been expired for a period of 6 months or less
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1 commits a noncriminal traffic infraction, punishable as a
2 nonmoving violation as provided in chapter 318 shall be
3 subject to the penalty provided in s. 318.14.
4 Section 188. Section 320.073, Florida Statutes, is
5 repealed.
6 Section 189. Section 320.0802, Florida Statutes, is
7 amended to read:
8 320.0802 Surcharge on license tax.--During the period
9 January 1, 1989, through December 31, 2003, there is hereby
10 levied and imposed on each license tax imposed under s.
11 320.08, except those set forth in s. 320.08(11), a surcharge
12 in the amount of $1, which shall be collected in the same
13 manner as the license tax and deposited into the State Agency
14 Law Enforcement Radio System Trust Fund of the Department of
15 Management Services. However, the surcharge shall be
16 terminated on midnight December 31, 1994, unless the pilot
17 project established in s. 282.1095 is deemed successful by the
18 joint task force with the concurrence of the Governor and
19 Cabinet as the head of the Department of Management Services
20 General Services.
21 Section 190. Paragraph (b) of subsection (1) and
22 paragraph (b) of subsection (7) of section 320.08058, Florida
23 Statutes, 1998 Supplement, are amended to read:
24 320.08058 Specialty license plates.--
25 (1) MANATEE LICENSE PLATES.--
26 (b)1. The manatee license plate annual use fee must be
27 deposited into the Save the Manatee Trust Fund, created within
28 the Department of Environmental Protection. The funds
29 deposited in the Save the Manatee Trust Fund may be used only
30 for manatee-related environmental education; manatee research;
31
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1 facilities, as provided in s. 370.12(4)(b)(5)(b); and manatee
2 protection and recovery.
3 2. For fiscal year 1996-1997, 25 percent of the
4 manatee license plate annual use fee must be deposited into
5 the Save the Manatee Trust Fund within the Department of
6 Environmental Protection and shall be used for manatee
7 facilities as provided in s. 370.12(5)(b).
8 (7) FLORIDA SPECIAL OLYMPICS LICENSE PLATES.--
9 (b) The license plate annual use fees are to be
10 annually distributed as follows:
11 1. The first $5 million collected annually must be
12 forwarded to the private nonprofit corporation Florida
13 Developmental Disabilities Planning Council as described in s.
14 393.002 393.001 and must be used solely for Special Olympics
15 purposes as approved by the private nonprofit corporation
16 council.
17 2. Any additional fees must be deposited into the
18 General Revenue Fund.
19 Section 191. The catchline to section 320.08062,
20 Florida Statutes, 1998 Supplement, is amended to read:
21 320.08062 Audits required; annual use fees of
22 specialty special license plates.--
23 Section 192. Paragraph (c) of subsection (2) of
24 section 320.0848, Florida Statutes, 1998 Supplement, is
25 amended to read:
26 320.0848 Persons who have disabilities; issuance of
27 disabled parking permits; temporary permits; permits for
28 certain providers of transportation services to persons who
29 have disabilities.--
30 (2) DISABLED PARKING PERMIT; PERSONS WITH LONG-TERM
31 MOBILITY PROBLEMS.--
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1 (c)1. Except as provided in subparagraph 2., the fee
2 for a disabled parking permit shall be:
3 a. Fifteen dollars for each initial 4-year permit or
4 renewal permit, of which the State Transportation Trust Fund
5 shall receive $13.50 and the tax collector of the county in
6 which the fee was collected shall receive $1.50.
7 b. One dollar for each additional or additional
8 renewal 4-year permit, of which the State Transportation Trust
9 Fund shall receive all funds collected.
10
11 The department shall not issue an additional disabled parking
12 permit unless the applicant states that they are a frequent
13 traveler or a quadriplegic. The department may not issue to
14 any one eligible applicant more than two disabled parking
15 permits except to an organization in accordance with paragraph
16 (1)(e)(d). Subsections (1), (5), (6), and (7) apply to this
17 subsection.
18 2. If an applicant who is a disabled veteran, is a
19 resident of this state, has been honorably discharged, and
20 either has been determined by the Department of Defense or the
21 United States Department of Veterans Affairs or its
22 predecessor to have a service-connected disability rating for
23 compensation of 50 percent or greater or has been determined
24 to have a service-connected disability rating of 50 percent or
25 greater and is in receipt of both disability retirement pay
26 from the United States Department of Veterans Affairs and has
27 a signed physician's statement of qualification for the
28 disabled parking permits, the fee for a disabled parking
29 permit shall be:
30 a. One dollar and fifty cents for the initial 4-year
31 permit or renewal permit.
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1 b. One dollar for each additional or additional
2 renewal 4-year permit.
3
4 The tax collector of the county in which the fee was collected
5 shall retain all funds received pursuant to this subparagraph.
6 3. If an applicant presents to the department a
7 statement from the Federal Government or the State of Florida
8 indicating the applicant is a recipient of supplemental
9 security income, the fee for the disabled parking permit shall
10 be $9 for the initial 4-year permit or renewal permit, of
11 which the State Transportation Trust Fund shall receive $6.75
12 and the tax collector of the county in which the fee was
13 collected shall receive $2.25.
14 Section 193. Section 320.087, Florida Statutes, is
15 amended to read:
16 320.087 Intercity buses operated in interstate
17 commerce; tax.--All intercity motor buses owned or operated by
18 residents or nonresidents of this state in interstate commerce
19 or combined interstate and intrastate commerce as a result of
20 which operation such motor buses operate both within and
21 without this state under the authority of the United States
22 Department of Transportation Interstate Commerce Commission,
23 are subject to motor vehicle license taxes on a basis
24 commensurate with the use of Florida roads. The department
25 shall require the registration in this state of that
26 percentage of intercity motor buses operating in interstate
27 commerce or combined interstate-intrastate commerce, into or
28 through this state, which the actual mileage operated in this
29 state bears to the total mileage all such intercity motor
30 buses are operated both within and without this state. Such
31 percentage figure, so determined, is the "Florida mileage
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1 factor." In determining the state license tax to be paid on
2 the buses actually operated in this state under the foregoing
3 method, the department shall first compute the amount that the
4 state license tax would be if all of such buses were in fact
5 subject to such tax, and then apply to that amount the Florida
6 mileage factor.
7 Section 194. Section 320.1325, Florida Statutes, is
8 amended to read:
9 320.1325 Registration required for the temporarily
10 employed.--Motor vehicles owned or leased by persons who are
11 temporarily employed within the state but are not residents
12 are required to be registered. The department shall provide a
13 temporary registration plate and a registration certificate
14 valid for 90 days to an applicant who is temporarily employed
15 in the state. The temporary registration plate may be renewed
16 one time for an additional 90-day period. At the end of the
17 180-day period of temporary registration, the applicant shall
18 apply for a permanent registration if there is a further need
19 to remain in this state. A temporary license registration
20 plate may not be issued for any commercial motor vehicle as
21 defined in s. 320.01. The fee for the 90-day temporary
22 registration plate shall be $40 plus the applicable service
23 charge required by s. 320.04. Subsequent permanent
24 registration and titling of a vehicle registered hereunder
25 shall subject the applicant to the fees required by s. ss.
26 319.231 and 320.072, in addition to all other taxes and fees
27 required.
28 Section 195. Paragraph (b) of subsection (5) of
29 section 320.20, Florida Statutes, is amended to read:
30 320.20 Disposition of license tax moneys.--The revenue
31 derived from the registration of motor vehicles, including any
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1 delinquent fees and excluding those revenues collected and
2 distributed under the provisions of s. 320.081, must be
3 distributed monthly, as collected, as follows:
4 (5)
5 (b) Beginning July 1, 1989, The State Comptroller each
6 month shall deposit in the State Transportation Trust Fund an
7 amount, drawn from other funds in the State Treasury which are
8 not immediately needed or are otherwise in excess of the
9 amount necessary to meet the requirements of the State
10 Treasury, which when added to such remaining revenues each
11 month will equal one-twelfth of the amount of the anticipated
12 annual revenues to be deposited in the State Transportation
13 Trust Fund under paragraph (a) as estimated by the most recent
14 revenue estimating conference held pursuant to s. 216.136(3).
15 The transfers required hereunder may be suspended by action of
16 the Administration Commission in the event of a significant
17 shortfall of state revenues.
18 Section 196. Subsection (4) of section 320.8255,
19 Florida Statutes, is amended to read:
20 320.8255 Mobile home inspection.--
21 (4) The department shall determine fees for special
22 inspections and for the label seal authorized under s. 320.827
23 which are sufficient to cover the cost of inspection and
24 administration under this section. Fees collected shall be
25 deposited into the General Revenue Fund.
26 Section 197. Section 320.8256, Florida Statutes, is
27 repealed.
28 Section 198. Subsections (2) and (4) of section
29 321.051, Florida Statutes, 1998 Supplement, are amended to
30 read:
31
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1 321.051 Florida Highway Patrol wrecker operator
2 system; penalties for operation outside of system.--
3 (2) The Division of Florida Highway Patrol of the
4 Department of Highway Safety and Motor Vehicles is authorized
5 to establish within areas designated by the patrol a wrecker
6 operator system using qualified, reputable wrecker operators
7 for removal and storage of wrecked or disabled vehicles from a
8 crash an accident scene or for removal and storage of
9 abandoned vehicles, in the event the owner or operator is
10 incapacitated or unavailable or leaves the procurement of
11 wrecker service to the officer at the scene. All reputable
12 wrecker operators shall be eligible for use in the system
13 provided their equipment and drivers meet recognized safety
14 qualifications and mechanical standards set by rules of the
15 Division of Florida Highway Patrol for the size of vehicle it
16 is designed to handle. The division is authorized to limit the
17 number of wrecker operators participating in the wrecker
18 operator system, which authority shall not affect wrecker
19 operators currently participating in the system established by
20 this section. The division is authorized to establish maximum
21 rates for the towing and storage of vehicles removed at the
22 division's request, where such rates have not been set by a
23 county or municipality pursuant to s. 125.0103 or s. 166.043.
24 Such rates shall not be considered rules for the purpose of
25 chapter 120; however, the department shall establish by rule a
26 procedure for setting such rates. Any provision in chapter
27 120 to the contrary notwithstanding, a final order of the
28 department denying, suspending, or revoking a wrecker
29 operator's participation in the system shall be reviewable in
30 the manner and within the time provided by the Florida Rules
31 of Appellate Procedure only by a writ of certiorari issued by
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1 the circuit court in the county wherein such wrecker operator
2 resides.
3 (4) This section does not prohibit, or in any way
4 prevent, the owner or operator of a vehicle involved in a
5 crash an accident or otherwise disabled from contacting any
6 wrecker operator for the provision of towing services, whether
7 the wrecker operator is an authorized wrecker operator or not.
8 Section 199. Paragraph (a) of subsection (2) of
9 section 321.23, Florida Statutes, is amended to read:
10 321.23 Public records; fees for copies; destruction of
11 obsolete records; photographing records; effect as evidence.--
12 (2) Fees for copies of public records shall be charged
13 and collected as follows:
14 (a) For a crash an accident report, a copy..........$2
15 Section 200. Sections 321.06, 321.07, 321.09, 321.12,
16 321.15, 321.17, 321.18, 321.19, 321.191, 321.20, 321.201,
17 321.202, 321.203, 321.21, 321.22, 321.2205, 321.221, 321.222,
18 and 321.223, Florida Statutes, are repealed.
19 Section 201. Section 322.0261, Florida Statutes, is
20 amended to read:
21 322.0261 Mandatory driver improvement course; certain
22 crashes accidents.--
23 (1) The department shall screen crash accident reports
24 received under s. 316.066 or s. 324.051 to identify crashes
25 accidents involving the following:
26 (a) A crash An accident involving death or a bodily
27 injury requiring transport to a medical facility; or
28 (b) A second crash accident by the same operator
29 within the previous 2-year period involving property damage in
30 an apparent amount of at least $500.
31
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1 (2) With respect to an operator convicted of, or who
2 pleaded nolo contendere to, a traffic offense giving rise to a
3 crash an accident identified pursuant to subsection (1), the
4 department shall require that the operator, in addition to
5 other applicable penalties, attend a departmentally approved
6 driver improvement course in order to maintain driving
7 privileges. If the operator fails to complete the course
8 within 90 days of receiving notice from the department, the
9 operator's driver's license shall be canceled by the
10 department until the course is successfully completed.
11 (3) In determining whether to approve a driver
12 improvement course for the purposes of this section, the
13 department shall consider course content designed to promote
14 safety, driver awareness, crash accident avoidance techniques,
15 and other factors or criteria to improve driver performance
16 from a safety viewpoint.
17 Section 202. Subsection (2) of section 322.055,
18 Florida Statutes, is amended to read:
19 322.055 Revocation or suspension of, or delay of
20 eligibility for, driver's license for persons 18 years of age
21 or older convicted of certain drug offenses.--
22 (2) If a person 18 years of age or older is convicted
23 for the possession or sale of, trafficking in, or conspiracy
24 to possess, sell, or traffic in a controlled substance and
25 such person is eligible by reason of age for a driver's
26 license or privilege, the court shall direct the department to
27 withhold issuance of such person's driver's license or driving
28 privilege for a period of 2 years after the date the person
29 was convicted or until the person is evaluated for and, if
30 deemed necessary by the evaluating agency, completes a drug
31 treatment and rehabilitation program approved or regulated by
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1 the Department of Health and Rehabilitative Services. However,
2 the court may, in its sound discretion, direct the department
3 to issue a license for driving privileges restricted to
4 business or employment purposes only, as defined by s.
5 322.271, if the person is otherwise qualified for such a
6 license. A driver whose license or driving privilege has been
7 suspended or revoked under this section or s. 322.056 may,
8 upon the expiration of 6 months, petition the department for
9 restoration of the driving privilege on a restricted or
10 unrestricted basis depending on the length of suspension or
11 revocation. In no case shall a restricted license be available
12 until 6 months of the suspension or revocation period has
13 expired.
14 Section 203. Subsection (5) of section 322.08, Florida
15 Statutes, 1998 Supplement, is amended to read:
16 322.08 Application for license.--
17 (5) After December 31, 1989, The department may not
18 issue a driver's license to a person who has never been issued
19 a driver's license in any jurisdiction until he or she
20 successfully completes the traffic law and substance abuse
21 education course prescribed in s. 322.095.
22 Section 204. Subsection (2) of section 322.12, Florida
23 Statutes, is amended to read:
24 322.12 Examination of applicants.--
25 (2) The department shall examine every applicant for a
26 driver's license, including an applicant who is licensed in
27 another state or country, except as otherwise provided in this
28 chapter. A person who holds a learner's driver's license as
29 provided for in s. 322.1615 s. 322.161 is not required to pay
30 a fee for successfully completing the examination showing his
31 or her ability to operate a motor vehicle as provided for
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1 herein and need not pay the fee for a replacement license as
2 provided in s. 322.17(2). Any person who applies for
3 reinstatement following the suspension or revocation of his or
4 her driver's license shall pay a service fee of $25 following
5 a suspension, and $50 following a revocation, which is in
6 addition to the fee for a license. Any person who applies for
7 reinstatement of a commercial driver's license following the
8 disqualification of his or her privilege to operate a
9 commercial motor vehicle shall pay a service fee of $50, which
10 is in addition to the fee for a license. The department shall
11 collect all of these fees at the time of reinstatement. The
12 department shall issue proper receipts for such fees and shall
13 promptly transmit all funds received by it as follows:
14 (a) Of the $25 fee received from a licensee for
15 reinstatement following a suspension, the department shall
16 deposit $15 in the General Revenue Fund and the remaining $10
17 in the Highway Safety Operating Trust Fund.
18 (b) Of the $50 fee received from a licensee for
19 reinstatement following a revocation or disqualification, the
20 department shall deposit $35 in the General Revenue Fund and
21 the remaining $15 in the Highway Safety Operating Trust Fund.
22
23 If the revocation or suspension of the driver's license was
24 for a violation of s. 316.193, or for refusal to submit to a
25 lawful breath, blood, or urine test, an additional fee of $105
26 must be charged. However, only one such $105 fee is to be
27 collected from one person convicted of such violations arising
28 out of the same incident. The department shall collect the
29 $105 fee and deposit it into the Highway Safety Operating
30 Trust Fund at the time of reinstatement of the person's
31
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1 driver's license, but the fee must not be collected if the
2 suspension or revocation was overturned.
3 Section 205. Paragraph (a) of subsection (3) of
4 section 322.121, Florida Statutes, is amended to read:
5 322.121 Periodic reexamination of all drivers.--
6 (3) For each licensee whose driving record does not
7 show any revocations, disqualifications, or suspensions for
8 the preceding 7 years or any convictions for the preceding 3
9 years except for convictions of the following nonmoving
10 violations:
11 (a) Failure to exhibit a vehicle registration
12 certificate, rental agreement, or cab card pursuant to s.
13 320.0605(1);
14
15 the department shall cause such licensee's license to be
16 prominently marked with the notation "Safe Driver."
17 Section 206. Paragraph (a) of subsection (2) of
18 section 322.141, Florida Statutes, is amended to read:
19 322.141 Color of licenses.--
20 (2)(a) Effective January 1, 1990, All licenses for the
21 operation of motor vehicles originally issued or reissued by
22 the department to persons who have insulin-dependent diabetes
23 may, at the request of the applicant, have distinctive
24 markings separate and distinct from all other licenses issued
25 by the department.
26 Section 207. Subsection (4) is added to section
27 322.15, Florida Statutes, to read:
28 322.15 License to be carried and exhibited on demand;
29 fingerprint to be imprinted upon a citation.--
30
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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:
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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
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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
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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. Paragraph (b) of subsection (1) and
20 subsection (3) of section 322.27, Florida Statutes, are
21 amended to read:
22 322.27 Authority of department to suspend or revoke
23 license.--
24 (1) Notwithstanding any provisions to the contrary in
25 chapter 120, the department is hereby authorized to suspend
26 the license of any person without preliminary hearing upon a
27 showing of its records or other sufficient evidence that the
28 licensee:
29 (b) Has been convicted of a violation of any traffic
30 law which resulted in a crash an accident that caused the
31
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1 death or personal injury of another or property damage in
2 excess of $500; or
3 (3) There is established a point system for evaluation
4 of convictions of violations of motor vehicle laws or
5 ordinances, and violations of applicable provisions of s.
6 403.413(6)(b)(5)(b) when such violations involve the use of
7 motor vehicles, for the determination of the continuing
8 qualification of any person to operate a motor vehicle. The
9 department is authorized to suspend the license of any person
10 upon showing of its records or other good and sufficient
11 evidence that the licensee has been convicted of violation of
12 motor vehicle laws or ordinances, or applicable provisions of
13 s. 403.413(6)(b)(5)(b), amounting to 12 or more points as
14 determined by the point system. The suspension shall be for a
15 period of not more than 1 year.
16 (a) When a licensee accumulates 12 points within a
17 12-month period, the period of suspension shall be for not
18 more than 30 days.
19 (b) When a licensee accumulates 18 points, including
20 points upon which suspension action is taken under paragraph
21 (a), within an 18-month period, the suspension shall be for a
22 period of not more than 3 months.
23 (c) When a licensee accumulates 24 points, including
24 points upon which suspension action is taken under paragraphs
25 (a) and (b), within a 36-month period, the suspension shall be
26 for a period of not more than 1 year.
27 (d) The point system shall have as its basic element a
28 graduated scale of points assigning relative values to
29 convictions of the following violations:
30 1. Reckless driving, willful and wanton--4 points.
31
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1 2. Leaving the scene of a crash an accident resulting
2 in property damage of more than $50--6 points.
3 3. Unlawful speed resulting in a crash an accident--6
4 points.
5 4. Passing a stopped school bus--4 points.
6 5. Unlawful speed:
7 a. Not in excess of 15 miles per hour of lawful or
8 posted speed--3 points.
9 b. In excess of 15 miles per hour of lawful or posted
10 speed--4 points.
11 6. All other moving violations (including parking on a
12 highway outside the limits of a municipality)--3 points.
13 However, no points shall be imposed for a violation of s.
14 316.0741 or s. 316.2065(12).
15 7. Any moving violation covered above, excluding
16 unlawful speed, resulting in a crash an accident--4 points.
17 8. Any conviction under s. 403.413(5)(b)--3 points.
18 (e) A conviction in another state of a violation
19 therein which, if committed in this state, would be a
20 violation of the traffic laws of this state, or a conviction
21 of an offense under any federal law substantially conforming
22 to the traffic laws of this state, except a violation of s.
23 322.26, may be recorded against a driver on the basis of the
24 same number of points received had the conviction been made in
25 a court of this state.
26 (f) In computing the total number of points, when the
27 licensee reaches the danger zone, the department is authorized
28 to send the licensee a warning letter advising that any
29 further convictions may result in suspension of his or her
30 driving privilege.
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1 (g) The department shall administer and enforce the
2 provisions of this law and may make rules and regulations
3 necessary for its administration.
4 (h) Three points shall be deducted from the driver
5 history record of any person whose driving privilege has been
6 suspended only once pursuant to this subsection and has been
7 reinstated, if such person has complied with all other
8 requirements of this chapter.
9 (i) This subsection shall not apply to persons
10 operating a nonmotorized vehicle for which a driver's license
11 is not required.
12 Section 214. Paragraph (a) of subsection (1) of
13 section 322.291, Florida Statutes, is amended to read:
14 322.291 Driver improvement schools; required in
15 certain suspension and revocation cases.--Except as provided
16 in s. 322.03(2), any person:
17 (1) Whose driving privilege has been revoked:
18 (a) Upon conviction for:
19 1. Driving, or being in actual physical control of,
20 any vehicle while under the influence of alcoholic beverages,
21 any chemical substance set forth in s. 877.111, or any
22 substance controlled under chapter 893, in violation of s.
23 316.193;
24 2. Driving with an unlawful blood- or breath-alcohol
25 level;
26 3. Manslaughter resulting from the operation of a
27 motor vehicle;
28 4. Failure 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 5. Reckless driving; or
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1
2 shall, before the driving privilege may be reinstated, present
3 to the department proof of enrollment in a department-approved
4 advanced driver improvement course or substance abuse
5 education course. If the person fails to complete such course
6 within 90 days after reinstatement, the driver's license shall
7 be canceled by the department until such course is
8 successfully completed.
9 Section 215. Section 322.292, Florida Statutes, is
10 amended to read:
11 322.292 DUI programs supervision; powers and duties of
12 the department.--
13 (1) The Department of Highway Safety and Motor
14 Vehicles shall license and regulate all DUI programs, which
15 regulation shall include the certification of instructors,
16 evaluators, clinical supervisors, and evaluator supervisors.
17 The department shall, after consultation with the chief judge
18 of the affected judicial circuit, establish requirements
19 regarding the number of programs to be offered within a
20 judicial circuit. Such requirements shall address the number
21 of clients currently served in the circuit as well as
22 improvements in service that may be derived from operation of
23 an additional DUI program. DUI education and evaluation
24 services are exempt from licensure under chapter chapters 396
25 and 397. However, treatment programs must continue to be
26 licensed under chapter chapters 396 and 397.
27 (2) The department shall adopt rules to implement its
28 supervisory authority over DUI programs in accordance with the
29 procedures of chapter 120, including the establishment of
30 uniform standards of operation for DUI programs and the method
31 for setting and approving fees, as follows:
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1 (a) Establish rules minimum standards for statutorily
2 required education, evaluation, and supervision of DUI
3 offenders. Such rules minimum standards previously adopted by
4 the Traffic Court Review Committee of the Supreme Court of
5 Florida shall remain in effect unless modified by the
6 department.
7 (b) Establish rules minimum standards for the
8 administration and financial management of DUI programs,
9 including, but not limited to:
10 1. Rules Standards governing the types of expenditures
11 that may be made by DUI programs from funds paid by persons
12 attending such programs.
13 2. Rules Standards for financial reporting that
14 require data on DUI programs expenditures in sufficient detail
15 to support reasonable and informed decisions concerning the
16 fees that are to be assessed those attending DUI programs.
17 The department shall perform financial audits of DUI programs
18 required under this section or require that financial audits
19 of the programs be performed by certified public accountants
20 at program expense and submitted directly from the auditor to
21 the department.
22 3. Rules for Standards of reciprocity in relation to
23 DUI programs in other states or countries that have programs
24 similar to the DUI programs licensed by the department.
25 4. Such other rules standards as the department deems
26 appropriate and necessary for the effective oversight of the
27 DUI programs.
28 (c) Implement procedures for the granting and revoking
29 of licenses for DUI programs.
30 (d) Establish a fee structure for the various programs
31 offered by the DUI programs, based only on the reasonable and
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1 necessary costs for operating the programs throughout the
2 state. The department shall approve, modify, or reduce fees as
3 necessary. The DUI programs fees that are in effect on January
4 1, 1994, shall remain in effect until the department adopts a
5 fee schedule for the DUI programs system. After the adoption
6 of the schedule, the programs shall adjust their fees to
7 conform with the established amounts.
8 (e) Establish policies and procedures for monitoring
9 DUI programs compliance with all rules minimum standards
10 established by the department.
11 (f) The department shall oversee an ongoing evaluation
12 to assess the effectiveness of the DUI programs. This
13 evaluation shall be performed by an independent group and
14 shall evaluate the curriculum, client treatment referrals,
15 recidivism rates, and any other relevant matters. The
16 department shall report to the Legislature by January 1, 1995,
17 on the status of the evaluation, including its design and
18 schedule for completion. The department may use funds received
19 under s. 322.293 to retain the services and reimburse expenses
20 of such private persons or professional consultants as are
21 required for monitoring and evaluating DUI programs.
22 (g) Investigate complaints about the DUI programs and
23 resolve problems in the provision of services to DUI
24 offenders, as needed.
25 (3) All DUI programs and certified program personnel
26 providing DUI programs services that meet the department's
27 standards and that are operating on January 1, 1994, may
28 remain in operation until the department's license procedures
29 are in place. At that time the DUI programs and certified
30 program personnel may apply for relicensure.
31
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1 (4) DUI programs shall be either governmental programs
2 or not-for-profit corporations.
3 (5) The department shall report to the Supreme Court
4 by December 1, 1994, and by December 31 of each succeeding
5 year through 1996, on the general status of the statewide
6 program. This report must include programmatic and statistical
7 information regarding the number of licensed programs,
8 enrollment and referral figures, program monitoring and
9 evaluation activities, and findings, and the general steps
10 taken by the department to implement the provisions of this
11 section.
12 Section 216. Section 322.293, Florida Statutes, is
13 amended to read:
14 322.293 DUI Programs Coordination Trust Fund;
15 assessment; disposition.--
16 (1) The DUI Programs Coordination Trust Fund, created
17 pursuant to chapter 81-208, Laws of Florida, shall be
18 transferred to the department with all funds therein on
19 January 1, 1994. The DUI Programs Coordination Office shall
20 be transferred from the budget of the Supreme Court to the
21 Department of Highway Safety and Motor Vehicles Division of
22 Driver Licenses. The transfer shall include all of the
23 statutory powers, duties and functions, records, personnel,
24 property, and unexpended balances of appropriations,
25 allocations, and other funds. All personnel shall be
26 transferred at their current classifications and levels of
27 compensation. Any legal commitments, contracts, and other
28 obligations heretofore entered into on behalf of or assumed by
29 the DUI Programs Coordination Office in connection with the
30 performance of its functions and duties are charged to and
31 shall be performed by the department.
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1 (2) The DUI Programs Coordination Trust Fund shall be
2 administered by the department, and the costs of
3 administration shall be borne by the fund. All funds received
4 by the DUI Programs Coordination Trust Fund shall be used
5 solely for the purposes set forth in this section and s.
6 322.292. However, if the Legislature passes legislation
7 consolidating existing trust funds assigned to the department,
8 all funds remaining in and deposited to the DUI Programs
9 Coordination Trust Fund shall be transferred to the
10 consolidated trust funds, subject to their being earmarked for
11 use solely for the purposes set forth in this section and s.
12 322.292.
13 (2)(3) Each DUI program shall assess $12 against each
14 person enrolling in a DUI program at the time of enrollment,
15 including persons who transfer to or from a program in another
16 state. In addition, second and third offenders and those
17 offenders under permanent driver's-license revocation who are
18 evaluated for eligibility for license restrictions under s.
19 322.271(2)(b) and (4) shall be assessed $12 upon enrollment in
20 the program and upon each subsequent anniversary date while
21 they are in the program, for the duration of the license
22 period.
23 (3)(4) All assessments collected under this section
24 shall be forwarded to the DUI Programs Coordination Trust Fund
25 within 30 days after the last day of the month in which the
26 assessment was received.
27 Section 217. Section 322.44, Florida Statutes, is
28 amended to read:
29 322.44 Driver License Compact.--The Driver License
30 Compact is hereby enacted into law and entered into with all
31
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1 other jurisdictions legally joining therein in the form
2 substantially as follows:
3
4 ARTICLE I
5
6 FINDINGS AND DECLARATION OF POLICY.--
7 (1) The party states find that:
8 (a) The safety of their streets and highways is
9 materially affected by the degree of compliance with state
10 laws and local ordinances relating to the operation of motor
11 vehicles;
12 (b) Violation of such a law or ordinance is evidence
13 that the violator engages in conduct which is likely to
14 endanger the safety of persons and property;
15 (c) The continuance in force of a license to drive is
16 predicated upon compliance with laws and ordinances relating
17 to the operation of motor vehicles, in whichever jurisdiction
18 the vehicle is operated.
19 (2) It is the policy of each of the party states to:
20 (a) Promote compliance with the laws, ordinances, and
21 administrative rules and regulations relating to the operation
22 of motor vehicles by their operators in each of the
23 jurisdictions where such operators drive motor vehicles;
24 (b) Make the reciprocal recognition of licenses to
25 drive and eligibility therefor more just and equitable by
26 considering the overall compliance with motor vehicle laws,
27 ordinances, and administrative rules and regulations as a
28 condition precedent to the continuance or issuance of any
29 license by reason of which the licensee is authorized or
30 permitted to operate a motor vehicle in any of the party
31 states.
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1
2 ARTICLE II
3
4 DEFINITIONS.--As used in this compact:
5 (1) "State" means a state, territory or possession of
6 the United States, the District of Columbia, or the
7 Commonwealth of Puerto Rico.
8 (2) "Home state" means the state which has issued and
9 has the power to suspend or revoke the use of the license or
10 permit to operate a motor vehicle.
11 (3) "Conviction" means a conviction of any offense
12 related to the use or operation of a motor vehicle which is
13 prohibited by state law, municipal ordinance, or
14 administrative rule or regulation, or a forfeiture of bail,
15 bond, or other security deposited to secure appearance by a
16 person charged with having committed any such offense, and
17 which conviction or forfeiture is required to be reported to
18 the licensing authority.
19
20 ARTICLE III
21
22 REPORTS OF CONVICTION.--The licensing authority of a
23 party state shall report each conviction of a person from
24 another party state occurring within its jurisdiction to the
25 licensing authority of the home state of the licensee. Such
26 report shall clearly identify the person convicted; describe
27 the violation specifying the section of the statute, code, or
28 ordinance violated; identify the court in which action was
29 taken; indicate whether a plea of guilty or not guilty was
30 entered or the conviction was a result of the forfeiture of
31
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1 bail, bond, or other security; and shall include any special
2 findings made in connection therewith.
3
4 ARTICLE IV
5
6 EFFECT OF CONVICTION.--
7 (1) The licensing authority in the home state, for the
8 purposes of suspension, revocation, or limitation of the
9 license to operate a motor vehicle, shall give the same effect
10 to the conduct reported, pursuant to article III, as it would
11 if such conduct had occurred in the home state, in the case of
12 convictions for:
13 (a) Manslaughter or negligent homicide resulting from
14 the operation of a motor vehicle, as provided by ss. 316.193
15 and 322.26;
16 (b) Driving a motor vehicle while under the influence
17 of alcoholic beverages or a narcotic drug, or under the
18 influence of any other drug to a degree which renders the
19 driver incapable of safely driving a motor vehicle, as
20 provided by s. 316.193;
21 (c) Any felony in the commission of which a motor
22 vehicle is used, as provided by s. 322.26; or
23 (d) Failure to stop and render aid in the event of a
24 motor vehicle crash accident resulting in the death or
25 personal injury of another, as provided by s. 322.26.
26 (2) As to other convictions, reported pursuant to
27 article III, the licensing authority in the home state shall
28 give such effect to the conduct as is provided by the laws of
29 the home state.
30
31 ARTICLE V
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1
2 APPLICATIONS FOR NEW LICENSES.--Upon application for a
3 license to drive, the licensing authority in a party state
4 shall ascertain whether the applicant has ever held, or is the
5 holder of, a license to drive issued by any other party state.
6 The licensing authority in the state where application is made
7 shall not issue a license to drive to the applicant if:
8 (1) The applicant has held such a license, but the
9 same has been suspended by reason, in whole or in part, of a
10 violation and if such suspension period has not terminated.
11 (2) The applicant has held such a license, but the
12 same has been revoked by reason, in whole or in part, of a
13 violation and if such revocation has not terminated, except
14 that after the expiration of 1 year from the date the license
15 was revoked, such person may make application for a new
16 license if permitted by law. The licensing authority may
17 refuse to issue a license to any such applicant if, after
18 investigation, the licensing authority determines that it will
19 not be safe to grant to such person the privilege of driving a
20 motor vehicle on the public highways.
21 (3) The applicant is the holder of a license to drive
22 issued by another party state and currently in force unless
23 the applicant surrenders such license.
24
25 ARTICLE VI
26
27 APPLICABILITY OF OTHER LAWS.--Except as expressly
28 required by provisions of this compact, nothing contained
29 herein shall be construed to affect the right of any party
30 state to apply any of its other laws relating to licenses to
31 drive to any person or circumstance, nor to invalidate or
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1 prevent any driver license agreement or other cooperative
2 arrangement between a party state and a nonparty state.
3
4 ARTICLE VII
5
6 COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
7 (1) The head of the licensing authority of each party
8 state shall be the administrator of this compact for his or
9 her state. The administrators, acting jointly, shall have the
10 power to formulate all necessary and proper procedures for the
11 exchange of information under this compact.
12 (2) The administrator of each party state shall
13 furnish to the administrator of each other party state any
14 information or documents reasonably necessary to facilitate
15 the administration of this compact.
16
17 ARTICLE VIII
18
19 ENTRY INTO FORCE AND WITHDRAWAL.--
20 (1) This compact shall enter into force and become
21 effective as to any state when it has enacted the same into
22 law.
23 (2) Any party state may withdraw from this compact by
24 enacting a statute repealing the same, but no such withdrawal
25 shall take effect until 6 months after the executive head of
26 the withdrawing state has given notice of the withdrawal to
27 the executive heads of all other party states. No withdrawal
28 shall affect the validity or applicability by the licensing
29 authorities of states remaining party to the compact of any
30 report of conviction occurring prior to the withdrawal.
31
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1 ARTICLE IX
2
3 CONSTRUCTION AND SEVERABILITY.--This compact shall be
4 liberally construed so as to effectuate the purposes thereof.
5 The provisions of this compact shall be severable; and if any
6 phrase, clause, sentence, or provision of this compact is
7 declared to be contrary to the constitution of any party state
8 or of the United States or the applicability thereof to any
9 government, agency, person, or circumstance is held invalid,
10 the validity of the remainder of this compact and the
11 applicability thereof to any government, agency, person, or
12 circumstance shall not be affected thereby. If this compact
13 shall be held contrary to the constitution of any state party
14 thereto, the compact shall remain in full force and effect as
15 to the remaining states and in full force and effect as to the
16 state affected as to all severable matters.
17 Section 218. Paragraph (b) of subsection (1) of
18 section 322.57, Florida Statutes, is amended to read:
19 322.57 Tests of knowledge concerning specified
20 vehicles; endorsement; nonresidents; violations.--
21 (1) In addition to fulfilling any other driver's
22 licensing requirements of this chapter, a person who:
23 (b) Drives a passenger vehicle must successfully
24 complete a test of his or her knowledge concerning the safe
25 operation of such vehicles and a test of his or her driving
26 skill in such a vehicle. However, if such a person satisfies
27 the requirements of s. 322.55(1)-(3), he or she is exempt from
28 the test of his or her driving skills.
29 Section 219. Paragraph (a) of subsection (1) and
30 paragraph (c) of subsection (3) of section 322.61, Florida
31 Statutes, are amended to read:
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1 322.61 Disqualification from operating a commercial
2 motor vehicle.--
3 (1) A person who, within a 3-year period, is convicted
4 of two of the following serious traffic violations or any
5 combination thereof, arising in separate incidents committed
6 in a commercial motor vehicle shall, in addition to any other
7 applicable penalties, be disqualified from operating a
8 commercial motor vehicle for a period of 60 days:
9 (a) A violation of any state or local law relating to
10 motor vehicle traffic control, other than a parking violation,
11 a weight violation, or a vehicle equipment violation, arising
12 in connection with a crash an accident resulting in death or
13 personal injury to any person;
14 (3) Except as provided in subsection (4), any person
15 who is convicted of one of the following offenses shall, in
16 addition to any other applicable penalties, be disqualified
17 from operating a commercial motor vehicle for a period of 1
18 year:
19 (c) Leaving the scene of a crash an accident involving
20 a commercial motor vehicle driven by such person;
21 Section 220. Paragraph (c) of subsection (2) of
22 section 322.63, Florida Statutes, is amended to read:
23 322.63 Alcohol or drug testing; commercial motor
24 vehicle operators.--
25 (2) The chemical and physical tests authorized by this
26 section shall only be required if a law enforcement officer
27 has reasonable cause to believe that a person driving a
28 commercial motor vehicle has any alcohol, chemical substance,
29 or controlled substance in his or her body.
30 (c) The blood test shall be administered at the
31 request of a law enforcement officer who has reasonable cause
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1 to believe that a person was driving a commercial motor
2 vehicle with any alcohol, chemical substance, or controlled
3 substance in his or her body. The blood test shall be
4 performed in a reasonable manner by qualified medical
5 personnel. Any person who appears for treatment at a medical
6 facility as a result of his or her involvement as a commercial
7 motor vehicle driver in a crash an accident and who is
8 incapable, by reason of a mental or physical condition, of
9 refusing a blood test shall be deemed to have consented to
10 such test.
11 Section 221. Section 324.011, Florida Statutes, is
12 amended to read:
13 324.011 Purpose of chapter.--It is the intent of this
14 chapter to recognize the existing privilege to own or operate
15 a motor vehicle on the public streets and highways of this
16 state when such vehicles are used with due consideration for
17 others and their property, and to promote safety and provide
18 financial security requirements for such owners or operators
19 whose responsibility it is to recompense others for injury to
20 person or property caused by the operation of a motor vehicle.
21 Therefore, it is required herein that the operator of a motor
22 vehicle involved in a crash an accident or convicted of
23 certain traffic offenses meeting the operative provisions of
24 s. 324.051(2) shall respond for such damages and show proof of
25 financial ability to respond for damages in future accidents
26 as a requisite to his or her future exercise of such
27 privileges.
28 Section 222. Subsection (7) of section 324.021,
29 Florida Statutes, is amended to read:
30 324.021 Definitions; minimum insurance required.--The
31 following words and phrases when used in this chapter shall,
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1 for the purpose of this chapter, have the meanings
2 respectively ascribed to them in this section, except in those
3 instances where the context clearly indicates a different
4 meaning:
5 (7) PROOF OF FINANCIAL RESPONSIBILITY.--That proof of
6 ability to respond in damages for liability on account of
7 crashes accidents arising out of the use of a motor vehicle:
8 (a) In the amount of $10,000 because of bodily injury
9 to, or death of, one person in any one crash accident;
10 (b) Subject to such limits for one person, in the
11 amount of $20,000 because of bodily injury to, or death of,
12 two or more persons in any one crash accident;
13 (c) In the amount of $10,000 because of injury to, or
14 destruction of, property of others in any one crash accident;
15 and
16 (d) With respect to commercial motor vehicles and
17 nonpublic sector buses, in the amounts specified in ss.
18 627.7415 and 627.742, respectively.
19 Section 223. Section 324.022, Florida Statutes, is
20 amended to read:
21 324.022 Financial responsibility for property
22 damage.--Every owner or operator of a motor vehicle, which
23 motor vehicle is subject to the requirements of ss.
24 627.730-627.7405 and required to be registered in this state,
25 shall, by one of the methods established in s. 324.031 or by
26 having a policy that complies with s. 627.7275, establish and
27 maintain the ability to respond in damages for liability on
28 account of accidents arising out of the use of the motor
29 vehicle in the amount of $10,000 because of damage to, or
30 destruction of, property of others in any one crash accident.
31 The requirements of this section may also be met by having a
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1 policy which provides coverage in the amount of at least
2 $30,000 for combined property damage liability and bodily
3 injury liability for any one crash accident arising out of the
4 use of the motor vehicle. No insurer shall have any duty to
5 defend uncovered claims irrespective of their joinder with
6 covered claims.
7 Section 224. Section 324.051, Florida Statutes, is
8 amended to read:
9 324.051 Reports of crashes accidents; suspensions of
10 licenses and registrations.--
11 (1)(a) Every law enforcement officer who, in the
12 regular course of duty either at the time of and at the scene
13 of the crash accident or thereafter by interviewing
14 participants or witnesses, investigates a motor vehicle crash
15 accident which he or she is required to report pursuant to s.
16 316.066(3)(a) shall forward a written report of the crash
17 accident to the department within 10 days of completing the
18 investigation. However, when the investigation of a crash an
19 accident will take more than 10 days to complete, a
20 preliminary copy of the crash accident report shall be
21 forwarded to the department within 10 days of the occurrence
22 of the crash accident, to be followed by a final report within
23 10 days after completion of the investigation. The report
24 shall be on a form and contain information consistent with the
25 requirements of s. 316.068.
26 (b) The department is hereby further authorized to
27 require reports of crashes accidents from individual owners or
28 operators whenever it deems it necessary for the proper
29 administration of this chapter, and these reports shall be
30 made without prejudice except as specified in this subsection.
31 No such report shall be used as evidence in any trial arising
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1 out of a crash an accident. However, subject to the
2 applicable rules of evidence, a law enforcement officer at a
3 criminal trial may testify as to any statement made to the
4 officer by the person involved in the accident if that
5 person's privilege against self-incrimination is not violated.
6 (2)(a) Thirty days after receipt of notice of any
7 accident described in paragraph (1)(a) involving a motor
8 vehicle within this state, the department shall suspend, after
9 due notice and opportunity to be heard, the license of each
10 operator and all registrations of the owner of the vehicles
11 operated by such operator whether or not involved in such
12 crash accident and, in the case of a nonresident owner or
13 operator, shall suspend such nonresident's operating privilege
14 in this state, unless such operator or owner shall, prior to
15 the expiration of such 30 days, be found by the department to
16 be exempt from the operation of this chapter, based upon
17 evidence satisfactory to the department that:
18 1. The motor vehicle was legally parked at the time of
19 such crash accident.
20 2. The motor vehicle was owned by the United States
21 Government, this state, or any political subdivision of this
22 state or any municipality therein.
23 3. Such operator or owner has secured a duly
24 acknowledged written agreement providing for release from
25 liability by all parties injured as the result of said crash
26 accident and has complied with one of the provisions of s.
27 324.031.
28 4. Such operator or owner has deposited with the
29 department security to conform with s. 324.061 when applicable
30 and has complied with one of the provisions of s. 324.031.
31
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1 5. One year has elapsed since such owner or operator
2 was suspended pursuant to subsection (3), the owner or
3 operator has complied with one of the provisions of s.
4 324.031, and no bill of complaint of which the department has
5 notice has been filed in a court of competent jurisdiction.
6 (b) This subsection shall not apply:
7 1. To such operator or owner if such operator or owner
8 had in effect at the time of such crash accident or traffic
9 conviction an automobile liability policy with respect to all
10 of the registered motor vehicles owned by such operator or
11 owner.
12 2. To such operator, if not the owner of such motor
13 vehicle, if there was in effect at the time of such crash
14 accident or traffic conviction an automobile liability policy
15 or bond with respect to his or her operation of motor vehicles
16 not owned by him or her.
17 3. To such operator or owner if the liability of such
18 operator or owner for damages resulting from such crash
19 accident is, in the judgment of the department, covered by any
20 other form of liability insurance or bond.
21 4. To any person who has obtained from the department
22 a certificate of self-insurance, in accordance with s.
23 324.171, or to any person operating a motor vehicle for such
24 self-insurer.
25
26 No such policy or bond shall be effective under this
27 subsection unless it contains limits of not less than those
28 specified in s. 324.021(7).
29 (3) Any driver's license or registration certificate
30 or certificates and registration plates which are suspended as
31 provided for in this section shall remain suspended for a
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1 period of 3 years unless reinstated as otherwise provided in
2 this chapter.
3 Section 225. Subsection (1) and paragraphs (a) and (d)
4 of subsection (2) of section 324.061, Florida Statutes, are
5 amended to read:
6 324.061 Security deposited with Department of Highway
7 Safety and Motor Vehicles; release.--
8 (1) Security deposited pursuant to the provisions of
9 s. 324.051(2)(a)4. with respect to claims for injuries to
10 persons or properties resulting from a crash an accident
11 occurring prior to such deposit shall be in the form and
12 amount determined by the department which, in its judgment,
13 will be sufficient to compensate for all injuries arising out
14 of such crash accident, but in no case shall the amount exceed
15 the limits as specified in s. 324.021(7).
16 (2) Such security shall be deposited with the
17 department and shall not be released except under one of the
18 following conditions:
19 (a) A duly attested written statement of satisfaction
20 by all parties shown to be injured in such crash accident has
21 been received by the department, or
22 (d) Upon receipt of an order from a court ordering
23 that such deposit be paid to satisfy a recorded judgment, in
24 whole or in part, resulting from a crash an accident. If the
25 department does not have sufficient funds on deposit to
26 satisfy such judgment it shall forthwith call upon the
27 judgment debtor for the balance, subject to the limits
28 specified in s. 324.021(7). Upon failure of the judgment
29 debtor to make the necessary deposit or to satisfy the
30 judgment in full, the department shall revoke the driving
31 privilege and all registrations of such judgment debtor within
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1 10 days subsequent to notification to the judgment debtor by
2 the department.
3 Section 226. Subsections (1) and (3) of section
4 324.081, Florida Statutes, are amended to read:
5 324.081 Nonresident owner or operator.--
6 (1) The department may establish reciprocal
7 agreements with any other states for the purpose of fulfilling
8 the provisions of this chapter and pursuant to such agreements
9 may suspend the license and registration of a resident of this
10 state involved in a crash an accident in another state.
11 (3) Upon receipt of such certification that the
12 operating privilege of a resident of this state has been
13 suspended or revoked in any such other reciprocating state
14 pursuant to a law providing for its suspension or revocation
15 for failure to deposit security for the payment of judgments
16 arising out of a motor vehicle crash accident, under
17 circumstances which would require the department to suspend a
18 nonresident's operating privilege had the crash accident
19 occurred in this state, the department shall suspend the
20 license of such resident if he or she was the operator, and
21 all of his or her registrations if he or she was the owner of
22 a motor vehicle involved in such crash accident. Such
23 suspension shall continue until such resident furnishes
24 evidence of his or her compliance with the law of such other
25 state relating to the deposit of such security.
26 Section 227. Subsection (1) of section 324.091,
27 Florida Statutes, is amended to read:
28 324.091 Notice to department; notice to insurer.--
29 (1) Each owner and operator involved in a crash an
30 accident or conviction case within the purview of this chapter
31 shall furnish evidence of automobile liability insurance,
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1 motor vehicle liability insurance, or surety bond within 30
2 days from the date of the mailing of notice of crash accident
3 by the department in such form and manner as it may designate.
4 Upon receipt of evidence that an automobile liability policy,
5 motor vehicle liability policy, or surety bond was in effect
6 at the time of the crash accident or conviction case, the
7 department shall forward by United States mail, postage
8 prepaid, to the insurer or surety insurer a copy of such
9 information and shall assume that such policy or bond was in
10 effect unless the insurer or surety insurer shall notify the
11 department otherwise within 20 days from the mailing of the
12 notice to the insurer or surety insurer; provided that if the
13 department shall later ascertain that an automobile liability
14 policy, motor vehicle liability policy, or surety bond was not
15 in effect and did not provide coverage for both the owner and
16 the operator, it shall at such time take such action as it is
17 otherwise authorized to do under this chapter. Proof of
18 mailing to the insurer or surety insurer may be made by the
19 department by naming the insurer or surety insurer to whom
20 such mailing was made and specifying the time, place and
21 manner of mailing.
22 Section 228. Section 324.101, Florida Statutes, is
23 amended to read:
24 324.101 Compliance before license or registration
25 allowed.--In case the operator or owner of a motor vehicle
26 involved in a crash an accident within the state has no
27 license or registration, he or she shall not be allowed a
28 license or registration until he or she has complied with the
29 requirements of this chapter to the same extent that would be
30 necessary, if at the time of the crash accident he or she had
31 held a license and registration.
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1 Section 229. Subsection (1) of section 324.202,
2 Florida Statutes, is amended to read:
3 324.202 Seizure of motor vehicle license plates by
4 recovery agents.--
5 (1) The Department of Highway Safety and Motor
6 Vehicles shall implement a pilot project in Broward County,
7 Dade County, and Hillsborough County to determine the
8 effectiveness of using recovery agents for the seizure of
9 license plates. On October 1, 1996, the department shall
10 provide a report to the President of the Senate, the Speaker
11 of the House of Representatives, the chair of the Senate
12 Commerce Committee, the chair of the House Insurance
13 Committee, and the Majority and Minority Leaders of the Senate
14 and the House of Representatives, on the results of the pilot
15 project. Licensed recovery agents and recovery agencies as
16 described in s. 493.6101(20) and (21) may seize license plates
17 of motor vehicles whose registrations have been suspended
18 pursuant to s. 316.646 or s. 627.733 in such counties upon
19 compliance with this section and rules of the Department of
20 Highway Safety and Motor Vehicles.
21 Section 230. Sections 325.01, 325.02, 325.03, 325.04,
22 325.05, 325.06, 325.07, 325.08, 325.09, and 325.10, Florida
23 Statutes, are repealed.
24 Section 231. Paragraph (c) of subsection (2) of
25 section 325.209, Florida Statutes, is amended to read:
26 325.209 Waivers.--
27 (2) Before a waiver may be issued, the following
28 criteria must be met:
29 (c) The owner must have spent the required minimum
30 amount for emissions-related repairs on the vehicle within the
31 180-day 90-day period prescribed in s. 325.203(1), not
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1 including the amount spent to repair or replace air pollution
2 control equipment that has been tampered with.
3 Emissions-related repairs performed within 30 days prior to
4 inspection may also be considered under this provision. For
5 any vehicle the registration period for which is established
6 under s. 320.055(4) or (5), the required minimum amount for
7 emissions-related repairs must be spent by the owner within
8 180 90 days before the expiration of the registration period.
9 The required minimum amount that must have been spent on
10 related repairs is:
11 1. For motor vehicles designated as model years 1975
12 through 1979: $100; and
13 2. For motor vehicles designated as model year 1980
14 and thereafter: $200;
15 Section 232. Subsection (2) of section 325.212,
16 Florida Statutes, is reenacted to read:
17 325.212 Reinspections; reinspection facilities; rules;
18 minority business participation.--
19 (2) Any motor vehicle repair shop, as defined in s.
20 559.903(7), may apply to the department, on a form approved by
21 the department, to be licensed as a reinspection facility to
22 reinspect motor vehicles which fail to pass inspections
23 required by this act.
24 Section 233. Subsection (1) of section 328.17, Florida
25 Statutes, is reenacted to read:
26 328.17 Nonjudicial sale of vessels.--
27 (1) It is the intent of the Legislature that any
28 nonjudicial sale of any unclaimed vessel held for unpaid costs
29 of repairs, improvements, or other work and related storage
30 charges, or any vessel held for failure to pay removal costs
31 pursuant to s. 327.53(7), or any undocumented vessel in
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1 default of marina storage fees be disposed of pursuant to the
2 provisions of this section.
3 Section 234. Section 627.7415, Florida Statutes, is
4 amended to read:
5 627.7415 Commercial motor vehicles; additional
6 liability insurance coverage.--Commercial motor vehicles, as
7 defined in s. 207.002(2) or s. 320.01, operated upon the roads
8 and highways of this state shall be insured with the following
9 minimum levels of combined bodily liability insurance and
10 property damage liability insurance in addition to any other
11 insurance requirements:
12 (1) Fifty thousand dollars per occurrence for a
13 commercial motor vehicle with a gross vehicle weight of 26,000
14 pounds or more, but less than 35,000 pounds.
15 (2) One hundred thousand dollars per occurrence for a
16 commercial motor vehicle with a gross vehicle weight of 35,000
17 pounds or more, but less than 44,000 pounds.
18 (3) Three hundred thousand dollars per occurrence for
19 a commercial motor vehicle with a gross vehicle weight of
20 44,000 pounds or more.
21 (4) All commercial motor vehicles subject to
22 regulations of the United States Department of Transportation,
23 Title 49 C.F.R. part 387, subpart A, and as may be hereinafter
24 amended, shall be insured in an amount equivalent to the
25 minimum levels of financial responsibility as set forth in
26 such regulations.
27
28 A violation of this section is a noncriminal traffic
29 infraction, punishable as a nonmoving violation as provided in
30 chapter 318.
31
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1 Section 235. Subsection (3) is added to section
2 627.742, Florida Statutes, to read:
3 627.742 Nonpublic sector buses; additional liability
4 insurance coverage.--
5 (3) A violation of this section is a noncriminal
6 traffic infraction, punishable as a nonmoving violation as
7 provided in chapter 318.
8 Section 236. Subsection (2) of section 784.07, Florida
9 Statutes, 1998 Supplement, is amended to read:
10 784.07 Assault or battery of law enforcement officers,
11 firefighters, emergency medical care providers, public transit
12 employees or agents, or other specified officers;
13 reclassification of offenses; minimum sentences.--
14 (2) Whenever any person is charged with knowingly
15 committing an assault or battery upon a law enforcement
16 officer, a firefighter, an emergency medical care provider, a
17 traffic accident investigation officer as described in s.
18 316.640, a traffic infraction enforcement officer as described
19 in s. 316.640 318.141, a parking enforcement specialist as
20 defined in s. 316.640, or a security officer employed by the
21 board of trustees of a community college, while the officer,
22 firefighter, emergency medical care provider, intake officer,
23 traffic accident investigation officer, traffic infraction
24 enforcement officer, parking enforcement specialist, public
25 transit employee or agent, or security officer is engaged in
26 the lawful performance of his or her duties, the offense for
27 which the person is charged shall be reclassified as follows:
28 (a) In the case of assault, from a misdemeanor of the
29 second degree to a misdemeanor of the first degree.
30 (b) In the case of battery, from a misdemeanor of the
31 first degree to a felony of the third degree.
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1 (c) In the case of aggravated assault, from a felony
2 of the third degree to a felony of the second degree.
3 (d) In the case of aggravated battery, from a felony
4 of the second degree to a felony of the first degree.
5 Section 237. This act shall take effect July 1, 1999.
6
7 *****************************************
8 HOUSE SUMMARY
9
Revises, reenacts, and amends various provisions of the
10 Florida Statutes relating to highway safety and motor
vehicles to delete obsolete language, to provide a
11 uniform reference to noncriminal traffic infractions
punishable under chapter 318, F.S., and to make technical
12 changes to the state statutes governing highway safety
and motor vehicles and vessels. See bill for details.
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