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The Committee on Transportation and Economic Development

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Appropriations (Fasano) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 2295-2296

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insert:

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     Section 42.  Section 316.1926, Florida Statutes, is created

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to read:

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     316.1926 Additional offenses.--

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     (1) A person who violates the provisions of s. 316.2085(2)

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or (3) shall be cited for a moving violation, punishable as

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provided in chapter 318.

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     (2) A person who exceeds a speed limit of 50 miles per hour

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or more in violation of s. 316.183(2), s. 316.187, or s. 316.189

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shall be cited for a moving violation, punishable as provided in

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chapter 318.

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     Section 43.  Subsection (2) of section 316.2085, Florida

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Statutes, is amended, subsections (3) through (6) of that section

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are renumbered as subsections (4) through (7), respectively, and

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a new subsection (3) is added to that section, to read:

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     316.2085  Riding on motorcycles or mopeds.--

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     (2)  A person shall ride upon a motorcycle or moped only

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while sitting astride the seat, with both wheels on the ground at

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all times, facing forward, and with one leg on each side of the

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motorcycle or moped. However, it is not a violation of this

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subsection if the wheels of a motorcycle or moped lose contact

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with the ground briefly due to the condition of the road surface

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or other circumstances beyond the control of the operator.

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     (3) The license tag of a motorcycle or moped must be

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permanently affixed horizontally to the ground and may not be

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adjustable or capable of being flipped up.

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     Section 44.  Subsection (13) is added to section 318.14,

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Florida Statutes, to read:

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     318.14  Noncriminal traffic infractions; exception;

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procedures.--

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     (13)(a) A person cited for a violation of s. 316.1926

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shall, in addition to any other requirements provided herein, pay

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a fine of $1,000. This fine is in lieu of the fine required under

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318.18(3)(b) if the person is cited for violation of s.

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316.1926(2).

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     (b) A person cited for a second violation of s. 316.1926

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shall, in addition to any other requirements provided herein, pay

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a fine of $2,500. This fine is in lieu of the fine required under

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s. 318.18(3)(b) if the person is cited for violation of s.

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316.1926(2). In addition, the court shall revoke the person's

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authorization and privilege to operate a motor vehicle for a

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period of 1 year and order the person to surrender his or her

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driver's license.

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     (c) A person cited for a third violation of s. 316.1926

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commits a felony of the third degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084. Upon conviction, the court

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shall revoke the person's authorization and privilege to operate

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a motor vehicle for a period of 10 years, and order the person to

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surrender his or her driver's license.

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     Section 45.  Section 318.195, Florida Statutes, is created

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to read:

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     318.195 Enhanced penalties for moving violations causing

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injury or death to motorcyclists.--

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     (1) A person who is convicted of a moving violation that

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causes serious bodily injury, as defined in s 316.1933)1)(b), to

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another person on a motorcycle commits a misdemeanor of the

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second degree, punishable as provided in s. 775.082 or s.

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775.083, shall pay a fine of not less than $500, shall serve a

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minimum of 30 days' imprisonment, and shall be required to attend

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a driver improvement course. In addition, the court shall revoke

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the person's driver's license for at least 30 days.

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     (2) A person who is convicted of a moving violation that

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causes or contributes to causing the death of another person on a

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motorcycle commits a misdemeanor of the first degree, punishable

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as provided in s. 775.082 or s. 775.083, shall pay a fine of at

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least $1,000, shall serve a minimum term of 90 days'

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imprisonment, and, in lieu of s. 322.0261, shall be required to

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attend an advanced driver improvement course. In addition, the

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court shall revoke the driver's license of a person so convicted

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for 1 year.

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     (3) This section does not prohibit a person from being

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charged with, convicted of, or punished for any other violation

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of law.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 185, after the semicolon,

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insert:

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creating s. 316.1926, F.S.; creating additional offenses

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regarding the operation of a motor vehicle; amending s.

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316.2085, F.S.; requiring an operator of a motorcycle or

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moped to maintain both wheels on the ground at all times;

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requiring that the license tag of a motorcycle or moped be

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affixed horizontally; amending s. 318.14, F.S.; providing

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additional penalties for certain offenses involving the

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operation of a motorcycle or excessive speed; providing

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for revocation of an offender's privilege to operate a

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motor vehicle; creating s. 318.195, F.S.; providing

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enhanced penalties for moving violations that cause injury

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or death to a person on a motorcycle;

4/9/2008  11:06:00 AM     11-06866A-08