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A bill to be entitled

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An act relating to operating a motor vehicle; creating s.

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316.1926, F.S.; creating additional offenses regarding the

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operation of a motor vehicle; amending s. 316.2085, F.S.;

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requiring an operator of a motorcycle or moped to maintain

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both wheels on the ground at all times; requiring that the

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license tag of a motorcycle or moped be affixed

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

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penalties for certain offenses involving the operation of a

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motorcycle or excessive speed; providing for revocation of

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the person's privilege to operate a motor vehicle; creating

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s. 318.195, F.S.; providing that a person who is convicted

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of a moving violation that causes or contributes to causing

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serious injury to or the death of a person riding a

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motorcycle commits a misdemeanor offense; requiring that the

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offender pay a specified fine, serve a minimum of period of

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incarceration, and attend a driver improvement course;

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requiring the court to revoke the person's driver's license

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for a specified period; providing criminal penalties;

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providing that the act does not prohibit the offender from

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

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violation of law; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  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 the speed limit in excess of 50

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miles per hour or more in violation of s. 316.183(2), s. 316.187,

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or s. 316.189 shall be cited for a moving violation, punishable

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as provided in chapter 318.

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     Section 2.  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 3.  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 4.  Section 318.195, Florida Statutes, is created to

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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, to a

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person riding on a motorcycle commits a misdemeanor of the second

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degree, punishable as provided in s. 775.082 or s. 775.083, and

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shall pay a fine of not less than $500, serve a minimum of 30

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days of incarceration, and attend a driver improvement course.

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The court shall also revoke the person's driver's license for not

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less than 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 a person riding on

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a motorcycle commits a misdemeanor of the first degree,

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punishable as provided in s. 775.082 or s. 775.083, and shall pay

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a fine of not less than $1,000, serve a minimum of 90 days of

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incarceration, and, in lieu of the requirements of s. 322.0261,

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attend an advanced driver improvement course. The court shall

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also revoke the person's driver's license for not less than 1

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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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     Section 5.  This act shall take effect October 1, 2008.