| 1 | A bill to be entitled |
| 2 | An act relating to operating a motor vehicle; creating s. |
| 3 | 316.1926, F.S.; creating additional offenses regarding |
| 4 | motor vehicle operation; amending s. 316.2085, F.S.; |
| 5 | requiring an operator of a motorcycle or moped to maintain |
| 6 | both wheels on the ground at all times; requiring that the |
| 7 | license tag of a motorcycle or moped be affixed |
| 8 | horizontally; amending s. 318.14, F.S.; providing |
| 9 | additional penalties for certain offenses; providing for |
| 10 | revocation of the person's privilege to operate a motor |
| 11 | vehicle; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 316.1926, Florida Statutes, is created |
| 16 | to read: |
| 17 | 316.1926 Additional offenses.-- |
| 18 | (1) A person who violates the provisions of s. 316.2085(2) |
| 19 | or (3) shall be cited for a moving violation, punishable as |
| 20 | provided in chapter 318. |
| 21 | (2) A person who exceeds the speed limit in excess of 50 |
| 22 | miles per hour or more in violation of s. 316.183(2), s. |
| 23 | 316.187, or s. 316.189 shall be cited for a moving violation, |
| 24 | punishable as provided in chapter 318. |
| 25 | Section 2. Subsection (2) of section 316.2085, Florida |
| 26 | Statutes, is amended, subsections (3) through (6) of that |
| 27 | section are renumbered as subsections (4) through (7), |
| 28 | respectively, and a new subsection (3) is added to that section, |
| 29 | to read: |
| 30 | 316.2085 Riding on motorcycles or mopeds.-- |
| 31 | (2) A person shall ride upon a motorcycle or moped only |
| 32 | while sitting astride the seat, with both wheels on the ground |
| 33 | at all times, facing forward, and with one leg on each side of |
| 34 | the motorcycle or moped. However, it is not a violation of this |
| 35 | subsection if the wheels of a motorcycle or moped lose contact |
| 36 | with the ground briefly due to the condition of the road surface |
| 37 | or other circumstances beyond the control of the operator. |
| 38 | (3) The license tag of a motorcycle or moped must be |
| 39 | permanently affixed horizontally to the ground and may not be |
| 40 | adjusted or capable of being flipped up. |
| 41 | Section 3. Subsection (13) is added to section 318.14, |
| 42 | Florida Statutes, to read: |
| 43 | 318.14 Noncriminal traffic infractions; exception; |
| 44 | procedures.-- |
| 45 | (13)(a) A person cited for a violation of s. 316.1926 |
| 46 | shall, in addition to any other requirements provided in this |
| 47 | section, pay a fine of $1,000. This fine is in lieu of the fine |
| 48 | required under s. 318.18(3)(b), if the person was cited for |
| 49 | violation of s. 316.1926(2). |
| 50 | (b) A person cited for a second violation of s. 316.1926 |
| 51 | shall, in addition to any other requirements provided in this |
| 52 | section, pay a fine of $2,500. This fine is in lieu of the fine |
| 53 | required under s. 318.18(3)(b), if the person was cited for |
| 54 | violation of s. 316.1926(2). In addition, the court shall revoke |
| 55 | the person's authorization and privilege to operate a motor |
| 56 | vehicle for a period of 1 year and order the person to surrender |
| 57 | his or her driver's license. |
| 58 | (c) A person cited for a third violation of s. 316.1926 |
| 59 | commits a felony of the third degree, punishable as provided in |
| 60 | s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the |
| 61 | court shall revoke the person's authorization and privilege to |
| 62 | operate a motor vehicle for a period of 10 years and order the |
| 63 | person to surrender his or her driver's license. |
| 64 | Section 4. This act shall take effect October 1, 2008. |