Florida Senate - 2017 SB 66
By Senator Clemens
31-00104-17 201766__
1 A bill to be entitled
2 An act relating to highway safety; amending s.
3 316.003, F.S.; providing definitions; conforming a
4 cross-reference; amending s. 316.027, F.S.; deleting
5 the definition of the term “vulnerable road user”;
6 conforming provisions to changes made by the act;
7 amending s. 316.083, F.S.; revising provisions
8 relating to the overtaking and passing of a vehicle;
9 directing a law enforcement officer issuing a citation
10 for specified violations to note certain information
11 on the citation; amending s. 316.084, F.S.; exempting
12 bicycles from provisions for passing a vehicle on the
13 right under certain circumstances; amending s.
14 316.0875, F.S.; revising exceptions to provisions for
15 designated no-passing zones; amending s. 316.151,
16 F.S.; revising provisions for turning at
17 intersections; directing a law enforcement officer
18 issuing a citation for specified violations to note
19 certain information on the citation; amending s.
20 316.1925, F.S.; revising provisions relating to
21 careless driving; directing a law enforcement officer
22 issuing a citation for specified violations to note
23 certain information on the citation; amending s.
24 316.2065, F.S.; revising provisions for operation of a
25 bicycle; requiring motor vehicle operators to allow a
26 group of bicycles to travel through an intersection
27 under certain circumstances; creating s. 318.142,
28 F.S.; providing penalties for specified infractions
29 contributing to bodily injury of a vulnerable user of
30 a public roadway or a vulnerable user; amending s.
31 318.19, F.S.; requiring a hearing for specified
32 offenses; directing a law enforcement officer issuing
33 a citation for specified violations to note certain
34 information on the citation; amending ss. 212.05,
35 316.545, 316.613, 320.08, 322.0261, 655.960, and
36 860.065, F.S.; conforming cross-references; conforming
37 provisions to changes made by the act; making
38 technical changes; reenacting s. 316.1923(5), F.S.,
39 relating to aggressive careless driving, to
40 incorporate the amendments made to ss. 316.083 and
41 316.084, F.S., in references thereto; reenacting s.
42 316.072(4)(b), F.S., relating to obedience to and
43 effect of traffic laws, to incorporate the amendment
44 made to s. 316.1925, F.S., in a reference thereto;
45 reenacting s. 318.18(1)(b), F.S., relating to amount
46 of penalties, to incorporate the amendment made to s.
47 316.2065, F.S., in a reference thereto; reenacting s.
48 318.14(2), F.S., relating to noncriminal traffic
49 infractions, to incorporate the amendment made to s.
50 318.19, F.S., in a reference thereto; providing an
51 effective date.
52
53 WHEREAS, the Legislature recognizes that everyone must
54 share the road, and
55 WHEREAS, there are laws in place, such as ss. 316.2065 and
56 316.2068, Florida Statutes, that require certain vulnerable road
57 users to follow safe practices when operating on the roadways of
58 the state, and
59 WHEREAS, there are laws in place that similarly require
60 persons who operate a vehicle on the highways of the state to
61 operate the vehicle in a safe manner, and
62 WHEREAS, it is the intent of the Legislature to amend the
63 Florida Uniform Traffic Control laws to protect vulnerable road
64 users while balancing their rights against the rights of those
65 who choose to travel by motor vehicle, NOW, THEREFORE,
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Present subsections (4) through (96) of section
70 316.003, Florida Statutes, are redesignated as subsections (5)
71 through (97), respectively, present subsection (97) is
72 redesignated as subsection (99), new subsections (4) and (98)
73 are added to that section, and present subsection (55) is
74 amended, to read:
75 316.003 Definitions.—The following words and phrases, when
76 used in this chapter, shall have the meanings respectively
77 ascribed to them in this section, except where the context
78 otherwise requires:
79 (4) BICYCLE LANE.—A portion of a roadway or highway that
80 has been designated by pavement markings and signs for the
81 preferential or exclusive use by bicycles.
82 (56)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
83 provided in paragraph (78)(b) (77)(b), any privately owned way
84 or place used for vehicular travel by the owner and those having
85 express or implied permission from the owner, but not by other
86 persons.
87 (98) VULNERABLE USER OF A PUBLIC ROADWAY OR VULNERABLE
88 USER.—
89 (a) A pedestrian, including a person actually engaged in
90 work upon a highway, work upon utility facilities along a
91 highway, or the provision of emergency services within the
92 right-of-way;
93 (b) A person operating, or who is a passenger on, a
94 bicycle, scooter, or moped lawfully on the roadway;
95 (c) A person riding an animal; or
96 (d) A person lawfully operating on a public roadway,
97 crosswalk, or shoulder of the roadway:
98 1. A farm tractor or similar vehicle designed primarily for
99 farm use;
100 2. A horse-drawn carriage;
101 3. An electric personal assistive mobility device; or
102 4. A wheelchair.
103 Section 2. Subsection (1) and paragraphs (e) and (f) of
104 subsection (2) of section 316.027, Florida Statutes, are amended
105 to read:
106 316.027 Crash involving death or personal injuries.—
107 (1) As used in this section, the term:
108 (a) “serious bodily injury” means an injury to a person,
109 including the driver, which consists of a physical condition
110 that creates a substantial risk of death, serious personal
111 disfigurement, or protracted loss or impairment of the function
112 of a bodily member or organ.
113 (b) “Vulnerable road user” means:
114 1. A pedestrian, including a person actually engaged in
115 work upon a highway, or in work upon utility facilities along a
116 highway, or engaged in the provision of emergency services
117 within the right-of-way;
118 2. A person operating a bicycle, motorcycle, scooter, or
119 moped lawfully on the roadway;
120 3. A person riding an animal; or
121 4. A person lawfully operating on a public right-of-way,
122 crosswalk, or shoulder of the roadway:
123 a. A farm tractor or similar vehicle designed primarily for
124 farm use;
125 b. A skateboard, roller skates, or in-line skates;
126 c. A horse-drawn carriage;
127 d. An electric personal assistive mobility device; or
128 e. A wheelchair.
129 (2)
130 (e) A driver who violates paragraph (a), paragraph (b), or
131 paragraph (c) shall have his or her driver license revoked for
132 at least 3 years as provided in s. 322.28(4).
133 1. A person convicted of violating paragraph (a), paragraph
134 (b), or paragraph (c) shall, before his or her driving privilege
135 may be reinstated, present to the department proof of completion
136 of a victim’s impact panel session in a judicial circuit if such
137 a panel exists, or if such a panel does not exist, a department
138 approved driver improvement course relating to the rights of
139 vulnerable road users relative to vehicles on the roadway as
140 provided in s. 322.0261(2).
141 2. The department may reinstate an offender’s driving
142 privilege after he or she satisfies the 3-year revocation period
143 as provided in s. 322.28(4) and successfully completes either a
144 victim’s impact panel session or a department-approved driver
145 improvement course relating to the rights of vulnerable road
146 users relative to vehicles on the roadway as provided in s.
147 322.0261(2).
148 3. For purposes of this paragraph, an offender’s driving
149 privilege may be reinstated only after the department verifies
150 that the offender participated in and successfully completed a
151 victim’s impact panel session or a department-approved driver
152 improvement course.
153 (f) For purposes of sentencing under chapter 921 and
154 determining incentive gain-time eligibility under chapter 944,
155 an offense listed in this subsection is ranked one level above
156 the ranking specified in s. 921.0022 or s. 921.0023 for the
157 offense committed if the victim of the offense was a vulnerable
158 road user.
159 Section 3. Section 316.083, Florida Statutes, is amended to
160 read:
161 316.083 Overtaking and passing a vehicle.—The following
162 provisions rules shall govern the overtaking and passing of a
163 vehicle vehicles proceeding in the same direction, subject to
164 those limitations, exceptions, and special rules hereinafter
165 stated:
166 (1) The driver of a vehicle overtaking another vehicle
167 proceeding in the same direction shall give an appropriate
168 signal as provided for in s. 316.156, shall pass to the left
169 thereof at a safe distance, and shall not again drive to the
170 right side of the roadway until safely clear of the overtaken
171 vehicle.
172 (2) The driver of a motor vehicle overtaking a person
173 operating a bicycle or other vulnerable user of a public roadway
174 nonmotorized vehicle must pass the person operating the bicycle
175 or other vulnerable user nonmotorized vehicle at a safe distance
176 of not less than 3 feet between any part of or attachment to the
177 motor vehicle, anything extending from the motor vehicle, or any
178 trailer or other thing being towed by the motor vehicle and the
179 bicycle, the person operating the bicycle, or other vulnerable
180 user nonmotorized vehicle.
181 (3)(2) Except when overtaking and passing on the right is
182 permitted, the driver of an overtaken vehicle shall give way to
183 the right in favor of the overtaking vehicle, on audible signal
184 or upon the visible blinking of the headlamps of the overtaking
185 vehicle if such overtaking is being attempted at nighttime, and
186 shall not increase the speed of his or her vehicle until
187 completely passed by the overtaking vehicle.
188 (4)(3) A violation of this section is a noncriminal traffic
189 infraction, punishable as a moving violation as provided in
190 chapter 318. If a violation of this section contributes to the
191 bodily injury of a vulnerable user of a public roadway, the law
192 enforcement officer issuing the citation for the violation shall
193 note such information on the citation.
194 Section 4. Section 316.084, Florida Statutes, is amended to
195 read:
196 316.084 When overtaking on the right is permitted.—
197 (1) The driver of a vehicle may overtake and pass on the
198 right of another vehicle only under the following conditions:
199 (a) When the vehicle overtaken is making or about to make a
200 left turn;
201 (b) Upon a street or highway with unobstructed pavement not
202 occupied by parked vehicles of sufficient width for two or more
203 lines of moving traffic in each direction;
204 (c) Upon a one-way street, or upon any roadway on which
205 traffic is restricted to one direction of movement, where the
206 roadway is free from obstructions and of sufficient width for
207 two or more lines of moving vehicles.
208 (2) The driver of a vehicle may overtake and pass another
209 vehicle on the right only under conditions permitting such
210 movement in safety. In no event shall such movement be made by
211 driving off the pavement or main-traveled portion of the
212 roadway.
213 (3) This section does not prohibit a bicycle that is in a
214 bicycle lane or on the shoulder of a roadway or highway from
215 passing another vehicle on the right.
216 (4)(3) A violation of this section is a noncriminal traffic
217 infraction, punishable as a moving violation as provided in
218 chapter 318.
219 Section 5. Section 316.0875, Florida Statutes, is amended
220 to read:
221 316.0875 No-passing zones.—
222 (1) The Department of Transportation and local authorities
223 may are authorized to determine those portions of any highway
224 under their respective jurisdictions jurisdiction where
225 overtaking and passing or driving to the left of the roadway
226 would be especially hazardous and may, by appropriate signs or
227 markings on the roadway, indicate the beginning and end of such
228 zones., and When such signs or markings are in place and clearly
229 visible to an ordinarily observant person, each every driver of
230 a vehicle shall obey the directions thereof.
231 (2) Where signs or markings are in place to define a no
232 passing zone as set forth in subsection (1), a no driver may
233 not, shall at any time, drive on the left side of the roadway
234 that has with such no-passing zone or on the left side of any
235 pavement striping designed to mark such no-passing zone
236 throughout its length.
237 (3) This section does not apply to a person who safely and
238 briefly drives to the left of the center of the roadway or
239 pavement striping only to the extent necessary to:
240 (a) Avoid When an obstruction; exists making it necessary
241 to drive to the left of the center of the highway, nor
242 (b) Turn To the driver of a vehicle turning left into or
243 from an alley, private road, or driveway; or
244 (c) Comply with the requirements regarding a safe distance
245 to pass a vulnerable user, as required by s. 316.083(2).
246 (4) A violation of this section is a noncriminal traffic
247 infraction, punishable as a moving violation as provided in
248 chapter 318.
249 Section 6. Section 316.151, Florida Statutes, is amended to
250 read:
251 316.151 Required position and method of turning at
252 intersections.—
253 (1)(a) Right turn.—The driver of a vehicle intending to
254 turn right at an intersection onto a highway, public or private
255 roadway, or driveway shall do so as follows:
256 1. (a) Right turn.—Both the approach for a right turn and a
257 right turn shall be made as close as practicable to the right
258 hand curb or edge of the roadway.
259 2. When overtaking and passing a bicycle or other
260 vulnerable user proceeding in the same direction, the driver of
261 a motor vehicle shall give an appropriate signal as provided for
262 in s. 316.155 and shall make the right turn only if it can be
263 made at a safe distance from the bicycle or other vulnerable
264 user.
265 3. When crossing a sidewalk, bicycle lane, or bicycle path
266 to turn right, the driver of a motor vehicle shall yield the
267 right-of-way to a bicycle or pedestrian.
268 (b) Left turn.—The driver of a vehicle intending to turn
269 left at an any intersection onto a highway, public or private
270 roadway, or driveway shall do so as follows:
271 1. The driver shall approach the intersection in the
272 extreme left-hand lane lawfully available to traffic moving in
273 the direction of travel of such vehicle. Thereafter, and, after
274 entering the intersection, the left turn shall be made so as to
275 leave the intersection in a lane lawfully available to traffic
276 moving in such direction upon the roadway being entered.
277 2. A person riding a bicycle and intending to turn left in
278 accordance with this section is entitled to the full use of the
279 lane from which the turn may legally be made. Whenever
280 practicable the left turn shall be made in that portion of the
281 intersection to the left of the center of the intersection.
282 (c) Left turn by bicycle.—In addition to the method of
283 making a left turn described in paragraph (b), a person riding a
284 bicycle and intending to turn left may do so as follows has the
285 option of following the course described hereafter:
286 a. The rider shall approach the turn as close as
287 practicable to the right curb or edge of the roadway;
288 b. After proceeding across the intersecting roadway, the
289 turn shall be made as close as practicable to the curb or edge
290 of the roadway on the far side of the intersection; and,
291 c. Before proceeding, the bicyclist shall comply with any
292 official traffic control device or police officer regulating
293 traffic on the highway along which the bicyclist intends to
294 proceed.
295 (2) The state, county, and local authorities in their
296 respective jurisdictions may cause official traffic control
297 devices to be placed within or adjacent to intersections and
298 thereby require and direct that a different course from that
299 specified in this section be traveled by vehicles turning at an
300 intersection. When such devices are so placed, the no driver of
301 a vehicle may not turn a vehicle at an intersection other than
302 as directed and required by such devices.
303 (3) A violation of this section is a noncriminal traffic
304 infraction, punishable as a moving violation as provided in
305 chapter 318. If a violation of this section contributes to the
306 bodily injury of a vulnerable user of a public roadway, the law
307 enforcement officer issuing the citation for the violation shall
308 note such information on the citation.
309 Section 7. Section 316.1925, Florida Statutes, is amended
310 to read:
311 316.1925 Careless driving.—
312 (1) A Any person operating a vehicle upon the streets or
313 highways within the state shall drive the same in a careful and
314 prudent manner, having regard for the width, grade, curves,
315 corners, traffic, and all other attendant circumstances, so as
316 not to endanger the life, limb, or property of any person. A
317 person who fails Failure to drive in such a manner commits shall
318 constitute careless driving and a violation of this section.
319 (2) Any person who violates this section shall be cited for
320 a moving violation, punishable as provided in chapter 318.
321 (2) If a violation under subsection (1) contributes to the
322 bodily injury of a vulnerable user of a public roadway, the law
323 enforcement officer issuing the citation for the violation shall
324 note such information on the citation.
325 Section 8. Subsections (1), (5), and (6) of section
326 316.2065, Florida Statutes, are amended to read:
327 316.2065 Bicycle regulations.—
328 (1) A bicycle is a vehicle under Florida law and shall be
329 operated in the same manner as any other vehicle and every
330 person operating a bicycle propelling a vehicle by human power
331 has all of the rights and all of the duties applicable to the
332 driver of any other vehicle under this chapter, except as to
333 special regulations in this chapter, and except as to provisions
334 of this chapter which by their nature can have no application.
335 (5)(a) Any person operating a bicycle upon a roadway at
336 less than the normal speed of traffic at the time and place and
337 under the conditions then existing shall ride in the bicycle
338 lane marked for bicycle use or, if there is no bicycle lane in
339 the roadway is marked for bicycle use, as close as practicable
340 to the right-hand curb or edge of the roadway except under any
341 of the following situations:
342 1. When overtaking and passing another bicycle or vehicle
343 proceeding in the same direction.
344 2. When preparing for a left turn at an intersection or
345 into a private road or driveway.
346 3. When reasonably necessary to avoid any condition or
347 potential conflict, including, but not limited to, a fixed or
348 moving object, parked or moving vehicle, bicycle, pedestrian,
349 animal, surface hazard, turn lane, or substandard-width lane,
350 which makes it unsafe to continue along the right-hand curb or
351 edge or within a bicycle lane. For the purposes of this
352 subsection, a “substandard-width lane” is a lane that is too
353 narrow for a bicycle and another vehicle to travel safely side
354 by side within the lane.
355 (b) Any person operating a bicycle upon a one-way highway
356 with two or more marked traffic lanes may ride as near the left
357 hand curb or edge of such roadway as practicable.
358 (6)(a) Persons riding bicycles upon a roadway or in a
359 bicycle lane may not ride more than two abreast except on
360 bicycle paths or parts of roadways set aside for the exclusive
361 use of bicycles. Persons riding two abreast may not impede
362 traffic when traveling at less than the normal speed of traffic
363 at the time and place and under the conditions then existing and
364 shall ride within a single lane.
365 (b) When stopping at a stop sign, persons riding bicycles
366 in groups of four or more, after coming to a full stop and
367 obeying all traffic laws, may proceed through the stop sign in a
368 group and motor vehicle operators shall allow the entire group
369 to travel through the intersection before moving forward.
370 Section 9. Section 318.142, Florida Statutes, is created to
371 read:
372 318.142 Infractions contributing to bodily injury of a
373 vulnerable user of a public roadway.—In addition to any other
374 penalty imposed for a violation under s. 316.192, if the
375 violation contributes to the bodily injury of a vulnerable user
376 of a public roadway as defined in s. 316.003, the law
377 enforcement officer issuing the citation for the infraction
378 shall note such information on the citation and the designated
379 official may impose a fine of not more than $2,500.
380 Section 10. Section 318.19, Florida Statutes, is amended to
381 read:
382 318.19 Infractions requiring a mandatory hearing.—Any
383 person cited for the infractions listed in this section shall
384 not have the provisions of s. 318.14(2), (4), and (9) available
385 to him or her but must appear before the designated official at
386 the time and location of the scheduled hearing:
387 (1) Any infraction which results in a crash that causes the
388 death of another;
389 (2) Any infraction which results in a crash that causes
390 “serious bodily injury” of another as defined in s. 316.1933(1);
391 (3) Any infraction of s. 316.172(1)(b);
392 (4) Any infraction of s. 316.520(1) or (2); or
393 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
394 316.189 of exceeding the speed limit by 30 m.p.h. or more; or
395 (6) Any infraction of s. 316.083, s. 316.151, or s.
396 316.1925 which contributes to the bodily injury of a vulnerable
397 user of a public roadway as defined in s. 316.003. If an
398 infraction listed in this subsection contributes to the bodily
399 injury of a vulnerable user of a public roadway, the law
400 enforcement officer issuing the citation for the infraction
401 shall note such information on the citation.
402 Section 11. Paragraph (c) of subsection (1) of section
403 212.05, Florida Statutes, is amended to read:
404 212.05 Sales, storage, use tax.—It is hereby declared to be
405 the legislative intent that every person is exercising a taxable
406 privilege who engages in the business of selling tangible
407 personal property at retail in this state, including the
408 business of making mail order sales, or who rents or furnishes
409 any of the things or services taxable under this chapter, or who
410 stores for use or consumption in this state any item or article
411 of tangible personal property as defined herein and who leases
412 or rents such property within the state.
413 (1) For the exercise of such privilege, a tax is levied on
414 each taxable transaction or incident, which tax is due and
415 payable as follows:
416 (c) At the rate of 6 percent of the gross proceeds derived
417 from the lease or rental of tangible personal property, as
418 defined herein; however, the following special provisions apply
419 to the lease or rental of motor vehicles:
420 1. When a motor vehicle is leased or rented for a period of
421 less than 12 months:
422 a. If the motor vehicle is rented in Florida, the entire
423 amount of such rental is taxable, even if the vehicle is dropped
424 off in another state.
425 b. If the motor vehicle is rented in another state and
426 dropped off in Florida, the rental is exempt from Florida tax.
427 2. Except as provided in subparagraph 3., for the lease or
428 rental of a motor vehicle for a period of not less than 12
429 months, sales tax is due on the lease or rental payments if the
430 vehicle is registered in this state; provided, however, that no
431 tax shall be due if the taxpayer documents use of the motor
432 vehicle outside this state and tax is being paid on the lease or
433 rental payments in another state.
434 3. The tax imposed by this chapter does not apply to the
435 lease or rental of a commercial motor vehicle as defined in s.
436 316.003(13)(a) 316.003(12)(a) to one lessee or rentee for a
437 period of not less than 12 months when tax was paid on the
438 purchase price of such vehicle by the lessor. To the extent tax
439 was paid with respect to the purchase of such vehicle in another
440 state, territory of the United States, or the District of
441 Columbia, the Florida tax payable shall be reduced in accordance
442 with the provisions of s. 212.06(7). This subparagraph shall
443 only be available when the lease or rental of such property is
444 an established business or part of an established business or
445 the same is incidental or germane to such business.
446 Section 12. Paragraph (b) of subsection (2) and paragraph
447 (a) of subsection (4) of section 316.545, Florida Statutes, are
448 amended to read:
449 316.545 Weight and load unlawful; special fuel and motor
450 fuel tax enforcement; inspection; penalty; review.—
451 (2)
452 (b) The officer or inspector shall inspect the license
453 plate or registration certificate of the commercial motor
454 vehicle to determine whether its gross weight is in compliance
455 with the declared gross vehicle weight. If its gross weight
456 exceeds the declared weight, the penalty shall be 5 cents per
457 pound on the difference between such weights. In those cases
458 when the commercial motor vehicle is being operated over the
459 highways of the state with an expired registration or with no
460 registration from this or any other jurisdiction or is not
461 registered under the applicable provisions of chapter 320, the
462 penalty herein shall apply on the basis of 5 cents per pound on
463 that scaled weight which exceeds 35,000 pounds on laden truck
464 tractor-semitrailer combinations or tandem trailer truck
465 combinations, 10,000 pounds on laden straight trucks or straight
466 truck-trailer combinations, or 10,000 pounds on any unladen
467 commercial motor vehicle. A driver of a commercial motor vehicle
468 entering the state at a designated port-of-entry location, as
469 defined in s. 316.003 316.003(54), or operating on designated
470 routes to a port-of-entry location, who obtains a temporary
471 registration permit shall be assessed a penalty limited to the
472 difference between its gross weight and the declared gross
473 vehicle weight at 5 cents per pound. If the license plate or
474 registration has not been expired for more than 90 days, the
475 penalty imposed under this paragraph may not exceed $1,000. In
476 the case of special mobile equipment, which qualifies for the
477 license tax provided for in s. 320.08(5)(b), being operated on
478 the highways of the state with an expired registration or
479 otherwise not properly registered under the applicable
480 provisions of chapter 320, a penalty of $75 shall apply in
481 addition to any other penalty which may apply in accordance with
482 this chapter. A vehicle found in violation of this section may
483 be detained until the owner or operator produces evidence that
484 the vehicle has been properly registered. Any costs incurred by
485 the retention of the vehicle shall be the sole responsibility of
486 the owner. A person who has been assessed a penalty pursuant to
487 this paragraph for failure to have a valid vehicle registration
488 certificate pursuant to the provisions of chapter 320 is not
489 subject to the delinquent fee authorized in s. 320.07 if such
490 person obtains a valid registration certificate within 10
491 working days after such penalty was assessed.
492 (4)(a) A commercial motor vehicle may not be operated over
493 the highways of this state unless it has been properly
494 registered under s. 207.004. Whenever any law enforcement
495 officer identified in s. 207.023(1), upon inspecting the vehicle
496 or combination of vehicles, determines that the vehicle is in
497 violation of s. 207.004, a penalty in the amount of $50 shall be
498 assessed, and the vehicle may be detained until payment is
499 collected by the law enforcement officer.
500 Section 13. Paragraph (a) of subsection (2) of section
501 316.613, Florida Statutes, is amended to read:
502 316.613 Child restraint requirements.—
503 (2) As used in this section, the term “motor vehicle” means
504 a motor vehicle as defined in s. 316.003 that is operated on the
505 roadways, streets, and highways of the state. The term does not
506 include:
507 (a) A school bus as defined in s. 316.003 316.003(68).
508 Section 14. Section 320.08, Florida Statutes, is amended to
509 read:
510 320.08 License taxes.—Except as otherwise provided herein,
511 there are hereby levied and imposed annual license taxes for the
512 operation of motor vehicles, mopeds, motorized bicycles as
513 defined in s. 316.003(3) 316.003(2), tri-vehicles as defined in
514 s. 316.003, and mobile homes as defined in s. 320.01, which
515 shall be paid to and collected by the department or its agent
516 upon the registration or renewal of registration of the
517 following:
518 (1) MOTORCYCLES AND MOPEDS.—
519 (a) Any motorcycle: $10 flat.
520 (b) Any moped: $5 flat.
521 (c) Upon registration of a motorcycle, motor-driven cycle,
522 or moped, in addition to the license taxes specified in this
523 subsection, a nonrefundable motorcycle safety education fee in
524 the amount of $2.50 shall be paid. The proceeds of such
525 additional fee shall be deposited in the Highway Safety
526 Operating Trust Fund to fund a motorcycle driver improvement
527 program implemented pursuant to s. 322.025, the Florida
528 Motorcycle Safety Education Program established in s. 322.0255,
529 or the general operations of the department.
530 (d) An ancient or antique motorcycle: $7.50 flat, of which
531 $2.50 shall be deposited into the General Revenue Fund.
532 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
533 (a) An ancient or antique automobile, as defined in s.
534 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
535 (b) Net weight of less than 2,500 pounds: $14.50 flat.
536 (c) Net weight of 2,500 pounds or more, but less than 3,500
537 pounds: $22.50 flat.
538 (d) Net weight of 3,500 pounds or more: $32.50 flat.
539 (3) TRUCKS.—
540 (a) Net weight of less than 2,000 pounds: $14.50 flat.
541 (b) Net weight of 2,000 pounds or more, but not more than
542 3,000 pounds: $22.50 flat.
543 (c) Net weight more than 3,000 pounds, but not more than
544 5,000 pounds: $32.50 flat.
545 (d) A truck defined as a “goat,” or other vehicle if used
546 in the field by a farmer or in the woods for the purpose of
547 harvesting a crop, including naval stores, during such
548 harvesting operations, and which is not principally operated
549 upon the roads of the state: $7.50 flat. The term “goat” means a
550 motor vehicle designed, constructed, and used principally for
551 the transportation of citrus fruit within citrus groves or for
552 the transportation of crops on farms, and which can also be used
553 for hauling associated equipment or supplies, including required
554 sanitary equipment, and the towing of farm trailers.
555 (e) An ancient or antique truck, as defined in s. 320.086:
556 $7.50 flat.
557 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
558 VEHICLE WEIGHT.—
559 (a) Gross vehicle weight of 5,001 pounds or more, but less
560 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
561 deposited into the General Revenue Fund.
562 (b) Gross vehicle weight of 6,000 pounds or more, but less
563 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
564 deposited into the General Revenue Fund.
565 (c) Gross vehicle weight of 8,000 pounds or more, but less
566 than 10,000 pounds: $103 flat, of which $27 shall be deposited
567 into the General Revenue Fund.
568 (d) Gross vehicle weight of 10,000 pounds or more, but less
569 than 15,000 pounds: $118 flat, of which $31 shall be deposited
570 into the General Revenue Fund.
571 (e) Gross vehicle weight of 15,000 pounds or more, but less
572 than 20,000 pounds: $177 flat, of which $46 shall be deposited
573 into the General Revenue Fund.
574 (f) Gross vehicle weight of 20,000 pounds or more, but less
575 than 26,001 pounds: $251 flat, of which $65 shall be deposited
576 into the General Revenue Fund.
577 (g) Gross vehicle weight of 26,001 pounds or more, but less
578 than 35,000: $324 flat, of which $84 shall be deposited into the
579 General Revenue Fund.
580 (h) Gross vehicle weight of 35,000 pounds or more, but less
581 than 44,000 pounds: $405 flat, of which $105 shall be deposited
582 into the General Revenue Fund.
583 (i) Gross vehicle weight of 44,000 pounds or more, but less
584 than 55,000 pounds: $773 flat, of which $201 shall be deposited
585 into the General Revenue Fund.
586 (j) Gross vehicle weight of 55,000 pounds or more, but less
587 than 62,000 pounds: $916 flat, of which $238 shall be deposited
588 into the General Revenue Fund.
589 (k) Gross vehicle weight of 62,000 pounds or more, but less
590 than 72,000 pounds: $1,080 flat, of which $280 shall be
591 deposited into the General Revenue Fund.
592 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
593 flat, of which $343 shall be deposited into the General Revenue
594 Fund.
595 (m) Notwithstanding the declared gross vehicle weight, a
596 truck tractor used within a 150-mile radius of its home address
597 is eligible for a license plate for a fee of $324 flat if:
598 1. The truck tractor is used exclusively for hauling
599 forestry products; or
600 2. The truck tractor is used primarily for the hauling of
601 forestry products, and is also used for the hauling of
602 associated forestry harvesting equipment used by the owner of
603 the truck tractor.
604
605 Of the fee imposed by this paragraph, $84 shall be deposited
606 into the General Revenue Fund.
607 (n) A truck tractor or heavy truck, not operated as a for
608 hire vehicle, which is engaged exclusively in transporting raw,
609 unprocessed, and nonmanufactured agricultural or horticultural
610 products within a 150-mile radius of its home address, is
611 eligible for a restricted license plate for a fee of:
612 1. If such vehicle’s declared gross vehicle weight is less
613 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
614 deposited into the General Revenue Fund.
615 2. If such vehicle’s declared gross vehicle weight is
616 44,000 pounds or more and such vehicle only transports from the
617 point of production to the point of primary manufacture; to the
618 point of assembling the same; or to a shipping point of a rail,
619 water, or motor transportation company, $324 flat, of which $84
620 shall be deposited into the General Revenue Fund.
621
622 Such not-for-hire truck tractors and heavy trucks used
623 exclusively in transporting raw, unprocessed, and
624 nonmanufactured agricultural or horticultural products may be
625 incidentally used to haul farm implements and fertilizers
626 delivered direct to the growers. The department may require any
627 documentation deemed necessary to determine eligibility prior to
628 issuance of this license plate. For the purpose of this
629 paragraph, “not-for-hire” means the owner of the motor vehicle
630 must also be the owner of the raw, unprocessed, and
631 nonmanufactured agricultural or horticultural product, or the
632 user of the farm implements and fertilizer being delivered.
633 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
634 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
635 (a)1. A semitrailer drawn by a GVW truck tractor by means
636 of a fifth-wheel arrangement: $13.50 flat per registration year
637 or any part thereof, of which $3.50 shall be deposited into the
638 General Revenue Fund.
639 2. A semitrailer drawn by a GVW truck tractor by means of a
640 fifth-wheel arrangement: $68 flat per permanent registration, of
641 which $18 shall be deposited into the General Revenue Fund.
642 (b) A motor vehicle equipped with machinery and designed
643 for the exclusive purpose of well drilling, excavation,
644 construction, spraying, or similar activity, and which is not
645 designed or used to transport loads other than the machinery
646 described above over public roads: $44 flat, of which $11.50
647 shall be deposited into the General Revenue Fund.
648 (c) A school bus used exclusively to transport pupils to
649 and from school or school or church activities or functions
650 within their own county: $41 flat, of which $11 shall be
651 deposited into the General Revenue Fund.
652 (d) A wrecker, as defined in s. 320.01, which is used to
653 tow a vessel as defined in s. 327.02, a disabled, abandoned,
654 stolen-recovered, or impounded motor vehicle as defined in s.
655 320.01, or a replacement motor vehicle as defined in s. 320.01:
656 $41 flat, of which $11 shall be deposited into the General
657 Revenue Fund.
658 (e) A wrecker that is used to tow any nondisabled motor
659 vehicle, a vessel, or any other cargo unless used as defined in
660 paragraph (d), as follows:
661 1. Gross vehicle weight of 10,000 pounds or more, but less
662 than 15,000 pounds: $118 flat, of which $31 shall be deposited
663 into the General Revenue Fund.
664 2. Gross vehicle weight of 15,000 pounds or more, but less
665 than 20,000 pounds: $177 flat, of which $46 shall be deposited
666 into the General Revenue Fund.
667 3. Gross vehicle weight of 20,000 pounds or more, but less
668 than 26,000 pounds: $251 flat, of which $65 shall be deposited
669 into the General Revenue Fund.
670 4. Gross vehicle weight of 26,000 pounds or more, but less
671 than 35,000 pounds: $324 flat, of which $84 shall be deposited
672 into the General Revenue Fund.
673 5. Gross vehicle weight of 35,000 pounds or more, but less
674 than 44,000 pounds: $405 flat, of which $105 shall be deposited
675 into the General Revenue Fund.
676 6. Gross vehicle weight of 44,000 pounds or more, but less
677 than 55,000 pounds: $772 flat, of which $200 shall be deposited
678 into the General Revenue Fund.
679 7. Gross vehicle weight of 55,000 pounds or more, but less
680 than 62,000 pounds: $915 flat, of which $237 shall be deposited
681 into the General Revenue Fund.
682 8. Gross vehicle weight of 62,000 pounds or more, but less
683 than 72,000 pounds: $1,080 flat, of which $280 shall be
684 deposited into the General Revenue Fund.
685 9. Gross vehicle weight of 72,000 pounds or more: $1,322
686 flat, of which $343 shall be deposited into the General Revenue
687 Fund.
688 (f) A hearse or ambulance: $40.50 flat, of which $10.50
689 shall be deposited into the General Revenue Fund.
690 (6) MOTOR VEHICLES FOR HIRE.—
691 (a) Under nine passengers: $17 flat, of which $4.50 shall
692 be deposited into the General Revenue Fund; plus $1.50 per cwt,
693 of which 50 cents shall be deposited into the General Revenue
694 Fund.
695 (b) Nine passengers and over: $17 flat, of which $4.50
696 shall be deposited into the General Revenue Fund; plus $2 per
697 cwt, of which 50 cents shall be deposited into the General
698 Revenue Fund.
699 (7) TRAILERS FOR PRIVATE USE.—
700 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
701 year or any part thereof, of which $1.75 shall be deposited into
702 the General Revenue Fund.
703 (b) Net weight over 500 pounds: $3.50 flat, of which $1
704 shall be deposited into the General Revenue Fund; plus $1 per
705 cwt, of which 25 cents shall be deposited into the General
706 Revenue Fund.
707 (8) TRAILERS FOR HIRE.—
708 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
709 shall be deposited into the General Revenue Fund; plus $1.50 per
710 cwt, of which 50 cents shall be deposited into the General
711 Revenue Fund.
712 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
713 $3.50 shall be deposited into the General Revenue Fund; plus
714 $1.50 per cwt, of which 50 cents shall be deposited into the
715 General Revenue Fund.
716 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
717 (a) A travel trailer or fifth-wheel trailer, as defined by
718 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
719 flat, of which $7 shall be deposited into the General Revenue
720 Fund.
721 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
722 $13.50 flat, of which $3.50 shall be deposited into the General
723 Revenue Fund.
724 (c) A motor home, as defined by s. 320.01(1)(b)4.:
725 1. Net weight of less than 4,500 pounds: $27 flat, of which
726 $7 shall be deposited into the General Revenue Fund.
727 2. Net weight of 4,500 pounds or more: $47.25 flat, of
728 which $12.25 shall be deposited into the General Revenue Fund.
729 (d) A truck camper as defined by s. 320.01(1)(b)3.:
730 1. Net weight of less than 4,500 pounds: $27 flat, of which
731 $7 shall be deposited into the General Revenue Fund.
732 2. Net weight of 4,500 pounds or more: $47.25 flat, of
733 which $12.25 shall be deposited into the General Revenue Fund.
734 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
735 1. Net weight of less than 4,500 pounds: $27 flat, of which
736 $7 shall be deposited into the General Revenue Fund.
737 2. Net weight of 4,500 pounds or more: $47.25 flat, of
738 which $12.25 shall be deposited into the General Revenue Fund.
739 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
740 35 FEET TO 40 FEET.—
741 (a) Park trailers.—Any park trailer, as defined in s.
742 320.01(1)(b)7.: $25 flat.
743 (b) A travel trailer or fifth-wheel trailer, as defined in
744 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
745 (11) MOBILE HOMES.—
746 (a) A mobile home not exceeding 35 feet in length: $20
747 flat.
748 (b) A mobile home over 35 feet in length, but not exceeding
749 40 feet: $25 flat.
750 (c) A mobile home over 40 feet in length, but not exceeding
751 45 feet: $30 flat.
752 (d) A mobile home over 45 feet in length, but not exceeding
753 50 feet: $35 flat.
754 (e) A mobile home over 50 feet in length, but not exceeding
755 55 feet: $40 flat.
756 (f) A mobile home over 55 feet in length, but not exceeding
757 60 feet: $45 flat.
758 (g) A mobile home over 60 feet in length, but not exceeding
759 65 feet: $50 flat.
760 (h) A mobile home over 65 feet in length: $80 flat.
761 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
762 motor vehicle dealer, independent motor vehicle dealer, marine
763 boat trailer dealer, or mobile home dealer and manufacturer
764 license plate: $17 flat, of which $4.50 shall be deposited into
765 the General Revenue Fund.
766 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
767 official license plate: $4 flat, of which $1 shall be deposited
768 into the General Revenue Fund.
769 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
770 vehicle for hire operated wholly within a city or within 25
771 miles thereof: $17 flat, of which $4.50 shall be deposited into
772 the General Revenue Fund; plus $2 per cwt, of which 50 cents
773 shall be deposited into the General Revenue Fund.
774 (15) TRANSPORTER.—Any transporter license plate issued to a
775 transporter pursuant to s. 320.133: $101.25 flat, of which
776 $26.25 shall be deposited into the General Revenue Fund.
777 Section 15. Subsection (2) of section 322.0261, Florida
778 Statutes, is amended to read:
779 322.0261 Driver improvement course; requirement to maintain
780 driving privileges; failure to complete; department approval of
781 course.—
782 (2) With respect to an operator convicted of, or who
783 pleaded nolo contendere to, a traffic offense giving rise to a
784 crash identified in paragraph (1)(a) or paragraph (1)(b), the
785 department shall require that the operator, in addition to other
786 applicable penalties, attend a department-approved driver
787 improvement course in order to maintain his or her driving
788 privileges. The department shall include in the course
789 curriculum instruction specifically addressing the rights of
790 vulnerable road users as defined in s. 316.003 316.027 relative
791 to vehicles on the roadway. If the operator fails to complete
792 the course within 90 days after receiving notice from the
793 department, the operator’s driver license shall be canceled by
794 the department until the course is successfully completed.
795 Section 16. Subsection (1) of section 655.960, Florida
796 Statutes, is amended to read:
797 655.960 Definitions; ss. 655.960-655.965.—As used in this
798 section and ss. 655.961-655.965, unless the context otherwise
799 requires:
800 (1) “Access area” means any paved walkway or sidewalk which
801 is within 50 feet of any automated teller machine. The term does
802 not include any street or highway open to the use of the public,
803 as defined in s. 316.003(78)(a) or (b) 316.003(77)(a) or (b),
804 including any adjacent sidewalk, as defined in s. 316.003.
805 Section 17. Subsection (1) of section 860.065, Florida
806 Statutes, is amended to read:
807 860.065 Commercial transportation; penalty for use in
808 commission of a felony.—
809 (1) It is unlawful for any person to attempt to obtain,
810 solicit to obtain, or obtain any means of public or commercial
811 transportation or conveyance, including vessels, aircraft,
812 railroad trains, or commercial motor vehicles as defined in s.
813 316.003, with the intent to use such public or commercial
814 transportation or conveyance to commit any felony or to
815 facilitate the commission of any felony.
816 Section 18. For the purpose of incorporating the amendment
817 made by this act to sections 316.083 and 316.084, Florida
818 Statutes, in references thereto, subsection (5) of section
819 316.1923, Florida Statutes, is reenacted to read:
820 316.1923 Aggressive careless driving.—“Aggressive careless
821 driving” means committing two or more of the following acts
822 simultaneously or in succession:
823 (5) Improperly passing as defined in s. 316.083, s.
824 316.084, or s. 316.085.
825 Section 19. For the purpose of incorporating the amendment
826 made by this act to section 316.1925, Florida Statutes, in a
827 reference thereto, paragraph (b) of subsection (4) of section
828 316.072, Florida Statutes, is reenacted to read:
829 316.072 Obedience to and effect of traffic laws.—
830 (4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
831 EXCEPTIONS.—
832 (b) Unless specifically made applicable, the provisions of
833 this chapter, except those contained in ss. 316.192, 316.1925,
834 and 316.193, shall not apply to persons, teams, or motor
835 vehicles and other equipment while actually engaged in work upon
836 the surface of a highway, but shall apply to such persons and
837 vehicles when traveling to or from such work.
838 Section 20. For the purpose of incorporating the amendment
839 made by this act to section 316.2065, Florida Statutes, in a
840 reference thereto, paragraph (b) of subsection (1) of section
841 318.18, Florida Statutes, is reenacted to read:
842 318.18 Amount of penalties.—The penalties required for a
843 noncriminal disposition pursuant to s. 318.14 or a criminal
844 offense listed in s. 318.17 are as follows:
845 (1) Fifteen dollars for:
846 (b) All infractions of s. 316.2065, unless otherwise
847 specified.
848 Section 21. For the purpose of incorporating the amendment
849 made by this act to section 318.19, Florida Statutes, in a
850 reference thereto, subsection (2) of section 318.14, Florida
851 Statutes, is reenacted to read:
852 318.14 Noncriminal traffic infractions; exception;
853 procedures.—
854 (2) Except as provided in ss. 316.1001(2) and 316.0083, any
855 person cited for a violation requiring a mandatory hearing
856 listed in s. 318.19 or any other criminal traffic violation
857 listed in chapter 316 must sign and accept a citation indicating
858 a promise to appear. The officer may indicate on the traffic
859 citation the time and location of the scheduled hearing and must
860 indicate the applicable civil penalty established in s. 318.18.
861 For all other infractions under this section, except for
862 infractions under s. 316.1001, the officer must certify by
863 electronic, electronic facsimile, or written signature that the
864 citation was delivered to the person cited. This certification
865 is prima facie evidence that the person cited was served with
866 the citation.
867 Section 22. This act shall take effect October 1, 2017.