CS/HB 137

1
A bill to be entitled
2An act relating to operating a motor vehicle; creating s.
3316.1926, F.S.; creating additional offenses regarding
4motor vehicle operation; amending s. 316.2085, F.S.;
5requiring an operator of a motorcycle or moped to maintain
6both wheels on the ground at all times; requiring that the
7license tag of a motorcycle or moped be affixed
8horizontally; amending s. 318.14, F.S.; providing
9additional penalties for certain offenses; providing for a
10specified fine and revocation of the person's privilege to
11operate a motor vehicle; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 316.1926, Florida Statutes, is created
16to read:
17     316.1926  Additional offenses.--
18     (1)  A person who violates the provisions of s. 316.2085(2)
19or (3) shall be cited for a moving violation, punishable as
20provided in chapter 318.
21     (2)  A person who exceeds the speed limit in excess of 50
22miles per hour or more in violation of s. 316.183(2), s.
23316.187, or s. 316.189 shall be cited for a moving violation,
24punishable as provided in chapter 318.
25     Section 2.  Subsection (2) of section 316.2085, Florida
26Statutes, is amended, subsections (3) through (6) of that
27section are renumbered as subsections (4) through (7),
28respectively, and a new subsection (3) is added to that section,
29to read:
30     316.2085  Riding on motorcycles or mopeds.--
31     (2)  A person shall ride upon a motorcycle or moped only
32while sitting astride the seat, with both wheels on the ground
33at all times, facing forward, and with one leg on each side of
34the motorcycle or moped. However, it is not a violation of this
35subsection if the wheels of a motorcycle or moped lose contact
36with the ground briefly due to the condition of the road surface
37or other circumstances beyond the control of the operator.
38     (3)  The license tag of a motorcycle or moped must be
39permanently affixed horizontally to the ground and may not be
40adjusted or capable of being flipped up.
41     Section 3.  Subsection (13) is added to section 318.14,
42Florida Statutes, to read:
43     318.14  Noncriminal traffic infractions; exception;
44procedures.--
45     (13)(a)  A person cited for a violation of s. 316.1926
46shall, in addition to any other requirements provided in this
47section, pay a fine of $1,000. This fine is in lieu of the fine
48required under s. 318.18(3)(b), if the person was cited for
49violation of s. 316.1926(2).
50     (b)  A person cited for a second violation of s. 316.1926
51shall, in addition to any other requirements provided in this
52section, pay a fine of $2,500. This fine is in lieu of the fine
53required under s. 318.18(3)(b), if the person was cited for
54violation of s. 316.1926(2). In addition, the court shall revoke
55the person's authorization and privilege to operate a motor
56vehicle for a period of 1 year and order the person to surrender
57his or her driver's license.
58     (c)  A person cited for a third violation of s. 316.1926
59commits a felony of the third degree, punishable as provided in
60s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the
61court shall impose a fine of $5,000, revoke the person's
62authorization and privilege to operate a motor vehicle for a
63period of 10 years, and order the person to surrender his or her
64driver's license.
65     Section 4.  This act shall take effect October 1, 2008.


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