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:

30

31

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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.

30

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

  2  traffic infraction, punishable as a nonmoving violation as

  3  provided in chapter 318.

  4         Section 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.

30

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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:

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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

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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

31

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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.

31

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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.
13

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