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A bill to be entitled

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An act relating to operating a motorcycle or moped;

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creating s. 316.1926, F.S.; providing additional penalties

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for certain offenses committed by a person operating or in

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actual physical control of a motorcycle; requiring that

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the person be taken into custody; providing for seizure

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and forfeiture of the motorcycle; providing for revocation

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of the person's privilege to operate a motorcycle;

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amending s. 316.2085, F.S.; requiring an operator of a

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motorcycle or moped to maintain both wheels on the ground

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at all times; requiring that the license tag of a

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motorcycle or moped be affixed horizontally; providing an

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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 Motorcycle offenses.--

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     (1) When a law enforcement officer charges a person with

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reckless driving in violation of s. 316.192 while operating or in

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actual physical control of a motorcycle, the officer shall arrest

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the person, take him or her into custody, and seize the

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motorcycle, which shall be subject to forfeiture under the

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Florida Contraband Forfeiture Act.

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     (2) Upon conviction, in addition to any other penalty

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provided by law, the court shall revoke the person's

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authorization and privilege to operate a motorcycle for a period

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of 10 years and order the person to surrender his or her driver's

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license.

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     (a) If the person holds a Class A, Class B, or Class C

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driver's license, the department shall issue a replacement

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license, valid for the remainder of the person's unexpired

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license period, without the endorsement to operate a motorcycle.

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     (b) If the person holds a Class E driver's license that is

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not restricted to motorcycle operation only, the department shall

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issue a replacement license, valid for the remainder of the

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person's unexpired license period, without the authorization to

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operate a motorcycle.

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     (3) Revocation of the privilege to operate a motorcycle

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under this section does not prohibit or restrict the issuance or

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renewal of a driver's license for purposes other than the

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operation of a motorcycle.

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

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

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section are redesignated as subsections (4) through (7), and a

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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.

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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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adjusted or capable of being flipped up.

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     Section 3.  This act shall take effect October 1, 2008.