Florida Senate - 2020                                    SB 1148
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01114B-20                                          20201148__
    1                        A bill to be entitled                      
    2         An act relating to electric bicycles; amending s.
    3         261.03, F.S.; revising the definition of the term
    4         “OHM” or “off-highway motorcycle”; amending s.
    5         316.003, F.S.; revising definitions relating to the
    6         Florida Uniform Traffic Control Law; defining the term
    7         “electric bicycle”; amending s. 316.027, F.S.;
    8         revising the definition of the term “vulnerable road
    9         user”; amending s. 316.083, F.S.; requiring the driver
   10         of a vehicle overtaking an electric bicycle to pass
   11         the electric bicycle at a certain distance; amending
   12         s. 316.1995, F.S.; expanding exceptions to a
   13         prohibition on persons driving certain vehicles on
   14         sidewalks and bicycle paths; creating s. 316.20655,
   15         F.S.; providing electric bicycle regulations;
   16         providing for rights and privileges of electric
   17         bicycles and operators of electric bicycles; providing
   18         that electric bicycles are vehicles to the same extent
   19         as bicycles; providing that electric bicycles and
   20         operators of electric bicycles are not subject to
   21         specified provisions; requiring manufacturers and
   22         distributers, beginning on a specified date, to apply
   23         a label containing certain information to each
   24         electric bicycle; prohibiting persons from tampering
   25         with or modifying electric bicycles for certain
   26         purposes; providing an exception; requiring electric
   27         bicycles to comply with specified provisions of law;
   28         requiring electric bicycles to operate in a manner
   29         that meets certain requirements; authorizing operators
   30         to ride electric bicycles where bicycles are allowed;
   31         authorizing municipalities, counties, and agencies to
   32         regulate the use of electric bicycles on certain
   33         paths; amending ss. 316.613, 316.614, and 320.01,
   34         F.S.; revising the definition of the term “motor
   35         vehicle”; amending s. 322.01, F.S.; revising the
   36         definitions of the terms “motor vehicle” and
   37         “vehicle”; amending ss. 324.021, 403.717, and 681.102,
   38         F.S.; revising the definition of the term “motor
   39         vehicle”; amending s. 320.08, F.S.; conforming a
   40         provision to changes made by the act; amending ss.
   41         316.306 and 655.960, F.S.; conforming cross
   42         references; providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsection (4) of section 261.03, Florida
   47  Statutes, is amended to read:
   48         261.03 Definitions.—As used in this chapter, the term:
   49         (4) “OHM” or “off-highway motorcycle” means any motor
   50  vehicle used off the roads or highways of this state that has a
   51  seat or saddle for the use of the rider and is designed to
   52  travel with not more than two wheels in contact with the ground,
   53  but excludes a tractor, an electric bicycle, or a moped.
   54         Section 2. Present subsections (22) through (104) of
   55  section 316.003, Florida Statutes, are redesignated as
   56  subsections (23) through (105), respectively, a new subsection
   57  (22) is added to that section, and subsection (4) and present
   58  subsections (41), (43), (44), (45), and (61) of that section are
   59  amended, to read:
   60         316.003 Definitions.—The following words and phrases, when
   61  used in this chapter, shall have the meanings respectively
   62  ascribed to them in this section, except where the context
   63  otherwise requires:
   64         (4) BICYCLE.—Every vehicle propelled solely by human power,
   65  and every motorized bicycle propelled by a combination of human
   66  power and an electric helper motor capable of propelling the
   67  vehicle at a speed of not more than 20 miles per hour on level
   68  ground upon which any person may ride, having two tandem wheels,
   69  and including any device generally recognized as a bicycle
   70  though equipped with two front or two rear wheels. The term does
   71  not include such a vehicle with a seat height of no more than 25
   72  inches from the ground when the seat is adjusted to its highest
   73  position or a scooter or similar device. A person under the age
   74  of 16 may not operate or ride upon a motorized bicycle.
   75         (22) ELECTRIC BICYCLE.—A bicycle or tricycle equipped with
   76  fully operable pedals, a seat or saddle for the use of the
   77  rider, and an electric motor of less than 750 watts which meets
   78  the requirements of one of the following three classifications:
   79         (a)Class 1 electric bicycle” means an electric bicycle
   80  equipped with a motor that provides assistance only when the
   81  rider is pedaling and that ceases to provide assistance when the
   82  electric bicycle reaches the speed of 20 miles per hour.
   83         (b)“Class 2 electric bicycle” means an electric bicycle
   84  equipped with a motor that may be used exclusively to propel the
   85  electric bicycle and that ceases to provide assistance when the
   86  electric bicycle reaches the speed of 20 miles per hour.
   87         (c)“Class 3 electric bicycle” means an electric bicycle
   88  equipped with a motor that provides assistance only when the
   89  rider is pedaling and that ceases to provide assistance when the
   90  electric bicycle reaches the speed of 28 miles per hour.
   91         (42)(41) MOPED.—Any vehicle with pedals to permit
   92  propulsion by human power, having a seat or saddle for the use
   93  of the rider and designed to travel on not more than three
   94  wheels, with a motor rated not in excess of 2 brake horsepower
   95  and not capable of propelling the vehicle at a speed greater
   96  than 30 miles per hour on level ground and with a power-drive
   97  system that functions directly or automatically without
   98  clutching or shifting gears by the operator after the drive
   99  system is engaged. If an internal combustion engine is used, the
  100  displacement may not exceed 50 cubic centimeters. The term does
  101  not include an electric bicycle.
  102         (44)(43) MOTOR VEHICLE.—Except when used in s. 316.1001, a
  103  self-propelled vehicle not operated upon rails or guideway, but
  104  not including any bicycle, electric bicycle, motorized scooter,
  105  electric personal assistive mobility device, mobile carrier,
  106  personal delivery device, swamp buggy, or moped. For purposes of
  107  s. 316.1001, “motor vehicle” has the same meaning as provided in
  108  s. 320.01(1)(a).
  109         (45)(44) MOTORCYCLE.—Any motor vehicle having a seat or
  110  saddle for the use of the rider and designed to travel on not
  111  more than three wheels in contact with the ground. The term
  112  includes an autocycle, but does not include a tractor, a moped,
  113  an electric bicycle, or any vehicle in which the operator is
  114  enclosed by a cabin unless it meets the requirements set forth
  115  by the National Highway Traffic Safety Administration for a
  116  motorcycle.
  117         (46)(45) MOTORIZED SCOOTER.—Any vehicle or micromobility
  118  device that is powered by a motor with or without a seat or
  119  saddle for the use of the rider, which is designed to travel on
  120  not more than three wheels, and which is not capable of
  121  propelling the vehicle at a speed greater than 20 miles per hour
  122  on level ground. The term does not include an electric bicycle.
  123         (62)(61) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  124  provided in paragraph (84)(b) (83)(b), any privately owned way
  125  or place used for vehicular travel by the owner and those having
  126  express or implied permission from the owner, but not by other
  127  persons.
  128         Section 3. Paragraph (b) of subsection (1) of section
  129  316.027, Florida Statutes, is amended to read:
  130         316.027 Crash involving death or personal injuries.—
  131         (1) As used in this section, the term:
  132         (b) “Vulnerable road user” means:
  133         1. A pedestrian, including a person actually engaged in
  134  work upon a highway, or in work upon utility facilities along a
  135  highway, or engaged in the provision of emergency services
  136  within the right-of-way;
  137         2. A person operating a bicycle, an electric bicycle, a
  138  motorcycle, a scooter, or a moped lawfully on the roadway;
  139         3. A person riding an animal; or
  140         4. A person lawfully operating on a public right-of-way,
  141  crosswalk, or shoulder of the roadway:
  142         a. A farm tractor or similar vehicle designed primarily for
  143  farm use;
  144         b. A skateboard, roller skates, or in-line skates;
  145         c. A horse-drawn carriage;
  146         d. An electric personal assistive mobility device; or
  147         e. A wheelchair.
  148         Section 4. Subsection (1) of section 316.083, Florida
  149  Statutes, is amended to read:
  150         316.083 Overtaking and passing a vehicle.—The following
  151  rules shall govern the overtaking and passing of vehicles
  152  proceeding in the same direction, subject to those limitations,
  153  exceptions, and special rules hereinafter stated:
  154         (1) The driver of a vehicle overtaking another vehicle
  155  proceeding in the same direction shall give an appropriate
  156  signal as provided for in s. 316.156, shall pass to the left
  157  thereof at a safe distance, and shall not again drive to the
  158  right side of the roadway until safely clear of the overtaken
  159  vehicle. The driver of a vehicle overtaking a bicycle or other
  160  nonmotorized vehicle, or an electric bicycle, must pass the
  161  bicycle, or other nonmotorized vehicle, or electric bicycle at a
  162  safe distance of not less than 3 feet between the vehicle and
  163  the bicycle, or other nonmotorized vehicle, or electric bicycle.
  164         Section 5. Section 316.1995, Florida Statutes, is amended
  165  to read:
  166         316.1995 Driving upon sidewalk or bicycle path.—
  167         (1) Except as provided in s. 316.008, s. 316.20655, s.
  168  316.212(8), or s. 316.2128, a person may not drive any vehicle
  169  other than by human power upon a bicycle path, sidewalk, or
  170  sidewalk area, except upon a permanent or duly authorized
  171  temporary driveway.
  172         (2) A violation of this section is a noncriminal traffic
  173  infraction, punishable as a moving violation as provided in
  174  chapter 318.
  175         (3) This section does not apply to motorized wheelchairs.
  176         Section 6. Section 316.20655, Florida Statutes, is created
  177  to read:
  178         316.20655 Electric bicycle regulations.—
  179         (1)Except as otherwise provided in this section, an
  180  electric bicycle or an operator of an electric bicycle shall be
  181  afforded all the rights and privileges, and be subject to all of
  182  the duties, of a bicycle or the operator of a bicycle, including
  183  s. 316.2065. An electric bicycle is a vehicle to the same extent
  184  as a bicycle.
  185         (2)An electric bicycle or an operator of an electric
  186  bicycle is not subject to the provisions of law relating to
  187  financial responsibility, driver or motor vehicle licenses,
  188  vehicle registration, title certificates, off-highway
  189  motorcycles, or off-highway vehicles.
  190         (3)Beginning on January 1, 2021, manufacturers and
  191  distributors of electric bicycles shall apply a label that is
  192  permanently affixed in a prominent location to each electric
  193  bicycle. The label must contain the classification number, top
  194  assisted speed, and motor wattage of the electric bicycle.
  195         (4)A person may not tamper with or modify an electric
  196  bicycle so as to change the motor-powered speed capability or
  197  engagement of an electric bicycle, unless the label indicating
  198  the classification number required in subsection (3) is replaced
  199  after such modification.
  200         (5)An electric bicycle must comply with the equipment and
  201  manufacturing requirements for bicycles adopted by the United
  202  States Consumer Product Safety Commission under 16 C.F.R. part
  203  1512.
  204         (6)An electric bicycle must operate in a manner so that
  205  the electric motor is disengaged or ceases to function when the
  206  rider stops pedaling or when the brakes are applied.
  207         (7)(a)An operator may ride an electric bicycle where
  208  bicycles are allowed, including, but not limited to, streets,
  209  highways, roadways, shoulders, bicycle lanes, and bicycle or
  210  multiuse paths.
  211         (b)Following notice and a public hearing, a municipality,
  212  county, or agency of the state having jurisdiction over a
  213  bicycle or multiuse path may restrict or prohibit the operation
  214  of an electric bicycle on the path if the municipality, county,
  215  or agency finds that such a restriction is necessary in the
  216  interest of public safety or to comply with other laws or legal
  217  obligations.
  218         Section 7. Paragraph (e) of subsection (2) of section
  219  316.613, Florida Statutes, is amended to read:
  220         316.613 Child restraint requirements.—
  221         (2) As used in this section, the term “motor vehicle” means
  222  a motor vehicle as defined in s. 316.003 that is operated on the
  223  roadways, streets, and highways of the state. The term does not
  224  include:
  225         (e) A motorcycle, a moped, a or bicycle, or an electric
  226  bicycle.
  227         Section 8. Paragraph (a) of subsection (3) of section
  228  316.614, Florida Statutes, is amended to read:
  229         316.614 Safety belt usage.—
  230         (3) As used in this section:
  231         (a) “Motor vehicle” means a motor vehicle as defined in s.
  232  316.003 which is operated on the roadways, streets, and highways
  233  of this state. The term does not include:
  234         1. A school bus.
  235         2. A bus used for the transportation of persons for
  236  compensation.
  237         3. A farm tractor or implement of husbandry.
  238         4. A truck having a gross vehicle weight rating of more
  239  than 26,000 pounds.
  240         5. A motorcycle, a moped, a or bicycle, or an electric
  241  bicycle.
  242         Section 9. Paragraph (a) of subsection (1) of section
  243  320.01, Florida Statutes, is amended to read:
  244         320.01 Definitions, general.—As used in the Florida
  245  Statutes, except as otherwise provided, the term:
  246         (1) “Motor vehicle” means:
  247         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  248  truck tractor and semitrailer combination, or any other vehicle
  249  operated on the roads of this state, used to transport persons
  250  or property, and propelled by power other than muscular power,
  251  but the term does not include traction engines, road rollers,
  252  motorized scooters, micromobility devices, personal delivery
  253  devices and mobile carriers as defined in s. 316.003, special
  254  mobile equipment as defined in s. 316.003, vehicles that run
  255  only upon a track, bicycles, electric bicycles, swamp buggies,
  256  or mopeds.
  257         Section 10. Subsections (27) and (44) of section 322.01,
  258  Florida Statutes, are amended to read:
  259         322.01 Definitions.—As used in this chapter:
  260         (27) “Motor vehicle” means any self-propelled vehicle,
  261  including a motor vehicle combination, not operated upon rails
  262  or guideway, excluding vehicles moved solely by human power,
  263  motorized wheelchairs, and electric motorized bicycles as
  264  defined in s. 316.003.
  265         (44) “Vehicle” means every device in, upon, or by which any
  266  person or property is or may be transported or drawn upon a
  267  public highway or operated upon rails or guideway, except a
  268  bicycle, motorized wheelchair, or electric motorized bicycle.
  269         Section 11. Subsection (1) of section 324.021, Florida
  270  Statutes, is amended to read:
  271         324.021 Definitions; minimum insurance required.—The
  272  following words and phrases when used in this chapter shall, for
  273  the purpose of this chapter, have the meanings respectively
  274  ascribed to them in this section, except in those instances
  275  where the context clearly indicates a different meaning:
  276         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  277  designed and required to be licensed for use upon a highway,
  278  including trailers and semitrailers designed for use with such
  279  vehicles, except traction engines, road rollers, farm tractors,
  280  power shovels, and well drillers, and every vehicle that is
  281  propelled by electric power obtained from overhead wires but not
  282  operated upon rails, but not including any personal delivery
  283  device or mobile carrier as defined in s. 316.003, bicycle,
  284  electric bicycle, or moped. However, the term “motor vehicle”
  285  does not include a motor vehicle as defined in s. 627.732(3)
  286  when the owner of such vehicle has complied with the
  287  requirements of ss. 627.730-627.7405, inclusive, unless the
  288  provisions of s. 324.051 apply; and, in such case, the
  289  applicable proof of insurance provisions of s. 320.02 apply.
  290         Section 12. Paragraph (b) of subsection (1) of section
  291  403.717, Florida Statutes, is amended to read:
  292         403.717 Waste tire and lead-acid battery requirements.—
  293         (1) For purposes of this section and ss. 403.718 and
  294  403.7185:
  295         (b) “Motor vehicle” means an automobile, motorcycle, truck,
  296  trailer, semitrailer, truck tractor and semitrailer combination,
  297  or any other vehicle operated in this state, used to transport
  298  persons or property and propelled by power other than muscular
  299  power. The term does not include traction engines, road rollers,
  300  vehicles that run only upon a track, bicycles, electric
  301  bicycles, mopeds, or farm tractors and trailers.
  302         Section 13. Subsection (14) of section 681.102, Florida
  303  Statutes, is amended to read:
  304         681.102 Definitions.—As used in this chapter, the term:
  305         (14) “Motor vehicle” means a new vehicle, propelled by
  306  power other than muscular power, which is sold in this state to
  307  transport persons or property, and includes a recreational
  308  vehicle or a vehicle used as a demonstrator or leased vehicle if
  309  a manufacturer’s warranty was issued as a condition of sale, or
  310  the lessee is responsible for repairs, but does not include
  311  vehicles run only upon tracks, off-road vehicles, trucks over
  312  10,000 pounds gross vehicle weight, motorcycles, mopeds,
  313  electric bicycles, or the living facilities of recreational
  314  vehicles. “Living facilities of recreational vehicles” are those
  315  portions designed, used, or maintained primarily as living
  316  quarters and include, but are not limited to, the flooring,
  317  plumbing system and fixtures, roof air conditioner, furnace,
  318  generator, electrical systems other than automotive circuits,
  319  the side entrance door, exterior compartments, and windows other
  320  than the windshield and driver and front passenger windows.
  321         Section 14. Section 320.08, Florida Statutes, is amended to
  322  read:
  323         320.08 License taxes.—Except as otherwise provided herein,
  324  there are hereby levied and imposed annual license taxes for the
  325  operation of motor vehicles, mopeds, motorized bicycles as
  326  defined in s. 316.003(4), tri-vehicles as defined in s. 316.003,
  327  and mobile homes as defined in s. 320.01, which shall be paid to
  328  and collected by the department or its agent upon the
  329  registration or renewal of registration of the following:
  330         (1) MOTORCYCLES AND MOPEDS.—
  331         (a) Any motorcycle: $10 flat.
  332         (b) Any moped: $5 flat.
  333         (c) Upon registration of a motorcycle, motor-driven cycle,
  334  or moped, in addition to the license taxes specified in this
  335  subsection, a nonrefundable motorcycle safety education fee in
  336  the amount of $2.50 shall be paid. The proceeds of such
  337  additional fee shall be deposited in the Highway Safety
  338  Operating Trust Fund to fund a motorcycle driver improvement
  339  program implemented pursuant to s. 322.025, the Florida
  340  Motorcycle Safety Education Program established in s. 322.0255,
  341  or the general operations of the department.
  342         (d) An ancient or antique motorcycle: $7.50 flat.
  343         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  344         (a) An ancient or antique automobile, as defined in s.
  345  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
  346         (b) Net weight of less than 2,500 pounds: $14.50 flat.
  347         (c) Net weight of 2,500 pounds or more, but less than 3,500
  348  pounds: $22.50 flat.
  349         (d) Net weight of 3,500 pounds or more: $32.50 flat.
  350         (3) TRUCKS.—
  351         (a) Net weight of less than 2,000 pounds: $14.50 flat.
  352         (b) Net weight of 2,000 pounds or more, but not more than
  353  3,000 pounds: $22.50 flat.
  354         (c) Net weight more than 3,000 pounds, but not more than
  355  5,000 pounds: $32.50 flat.
  356         (d) A truck defined as a “goat,” or other vehicle if used
  357  in the field by a farmer or in the woods for the purpose of
  358  harvesting a crop, including naval stores, during such
  359  harvesting operations, and which is not principally operated
  360  upon the roads of the state: $7.50 flat. The term “goat” means a
  361  motor vehicle designed, constructed, and used principally for
  362  the transportation of citrus fruit within citrus groves or for
  363  the transportation of crops on farms, and which can also be used
  364  for hauling associated equipment or supplies, including required
  365  sanitary equipment, and the towing of farm trailers.
  366         (e) An ancient or antique truck, as defined in s. 320.086:
  367  $7.50 flat.
  368         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  369  VEHICLE WEIGHT.—
  370         (a) Gross vehicle weight of 5,001 pounds or more, but less
  371  than 6,000 pounds: $60.75 flat.
  372         (b) Gross vehicle weight of 6,000 pounds or more, but less
  373  than 8,000 pounds: $87.75 flat.
  374         (c) Gross vehicle weight of 8,000 pounds or more, but less
  375  than 10,000 pounds: $103 flat.
  376         (d) Gross vehicle weight of 10,000 pounds or more, but less
  377  than 15,000 pounds: $118 flat.
  378         (e) Gross vehicle weight of 15,000 pounds or more, but less
  379  than 20,000 pounds: $177 flat.
  380         (f) Gross vehicle weight of 20,000 pounds or more, but less
  381  than 26,001 pounds: $251 flat.
  382         (g) Gross vehicle weight of 26,001 pounds or more, but less
  383  than 35,000: $324 flat.
  384         (h) Gross vehicle weight of 35,000 pounds or more, but less
  385  than 44,000 pounds: $405 flat.
  386         (i) Gross vehicle weight of 44,000 pounds or more, but less
  387  than 55,000 pounds: $773 flat.
  388         (j) Gross vehicle weight of 55,000 pounds or more, but less
  389  than 62,000 pounds: $916 flat.
  390         (k) Gross vehicle weight of 62,000 pounds or more, but less
  391  than 72,000 pounds: $1,080 flat.
  392         (l) Gross vehicle weight of 72,000 pounds or more: $1,322
  393  flat.
  394         (m) Notwithstanding the declared gross vehicle weight, a
  395  truck tractor used within the state or within a 150-mile radius
  396  of its home address is eligible for a license plate for a fee of
  397  $324 flat if:
  398         1. The truck tractor is used exclusively for hauling
  399  forestry products; or
  400         2. The truck tractor is used primarily for the hauling of
  401  forestry products, and is also used for the hauling of
  402  associated forestry harvesting equipment used by the owner of
  403  the truck tractor.
  404         (n) A truck tractor or heavy truck, not operated as a for
  405  hire vehicle and which is engaged exclusively in transporting
  406  raw, unprocessed, and nonmanufactured agricultural or
  407  horticultural products within the state or within a 150-mile
  408  radius of its home address is eligible for a restricted license
  409  plate for a fee of:
  410         1. If such vehicle’s declared gross vehicle weight is less
  411  than 44,000 pounds, $87.75 flat.
  412         2. If such vehicle’s declared gross vehicle weight is
  413  44,000 pounds or more and such vehicle only transports from the
  414  point of production to the point of primary manufacture; to the
  415  point of assembling the same; or to a shipping point of a rail,
  416  water, or motor transportation company, $324 flat.
  417  
  418  Such not-for-hire truck tractors and heavy trucks used
  419  exclusively in transporting raw, unprocessed, and
  420  nonmanufactured agricultural or horticultural products may be
  421  incidentally used to haul farm implements and fertilizers
  422  delivered direct to the growers. The department may require any
  423  documentation deemed necessary to determine eligibility before
  424  issuance of this license plate. For the purpose of this
  425  paragraph, “not-for-hire” means the owner of the motor vehicle
  426  must also be the owner of the raw, unprocessed, and
  427  nonmanufactured agricultural or horticultural product, or the
  428  user of the farm implements and fertilizer being delivered.
  429         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  430  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  431         (a)1. A semitrailer drawn by a GVW truck tractor by means
  432  of a fifth-wheel arrangement: $13.50 flat per registration year
  433  or any part thereof.
  434         2. A semitrailer drawn by a GVW truck tractor by means of a
  435  fifth-wheel arrangement: $68 flat per permanent registration.
  436         (b) A motor vehicle equipped with machinery and designed
  437  for the exclusive purpose of well drilling, excavation,
  438  construction, spraying, or similar activity, and which is not
  439  designed or used to transport loads other than the machinery
  440  described above over public roads: $44 flat.
  441         (c) A school bus used exclusively to transport pupils to
  442  and from school or school or church activities or functions
  443  within their own county: $41 flat.
  444         (d) A wrecker, as defined in s. 320.01, which is used to
  445  tow a vessel as defined in s. 327.02, a disabled, abandoned,
  446  stolen-recovered, or impounded motor vehicle as defined in s.
  447  320.01, or a replacement motor vehicle as defined in s. 320.01:
  448  $41 flat.
  449         (e) A wrecker that is used to tow any nondisabled motor
  450  vehicle, a vessel, or any other cargo unless used as defined in
  451  paragraph (d), as follows:
  452         1. Gross vehicle weight of 10,000 pounds or more, but less
  453  than 15,000 pounds: $118 flat.
  454         2. Gross vehicle weight of 15,000 pounds or more, but less
  455  than 20,000 pounds: $177 flat.
  456         3. Gross vehicle weight of 20,000 pounds or more, but less
  457  than 26,000 pounds: $251 flat.
  458         4. Gross vehicle weight of 26,000 pounds or more, but less
  459  than 35,000 pounds: $324 flat.
  460         5. Gross vehicle weight of 35,000 pounds or more, but less
  461  than 44,000 pounds: $405 flat.
  462         6. Gross vehicle weight of 44,000 pounds or more, but less
  463  than 55,000 pounds: $772 flat.
  464         7. Gross vehicle weight of 55,000 pounds or more, but less
  465  than 62,000 pounds: $915 flat.
  466         8. Gross vehicle weight of 62,000 pounds or more, but less
  467  than 72,000 pounds: $1,080 flat.
  468         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  469  flat.
  470         (f) A hearse or ambulance: $40.50 flat.
  471         (6) MOTOR VEHICLES FOR HIRE.—
  472         (a) Under nine passengers: $17 flat plus $1.50 per cwt.
  473         (b) Nine passengers and over: $17 flat plus $2 per cwt.
  474         (7) TRAILERS FOR PRIVATE USE.—
  475         (a) Any trailer weighing 500 pounds or less: $6.75 flat per
  476  year or any part thereof.
  477         (b) Net weight over 500 pounds: $3.50 flat plus $1 per cwt.
  478         (8) TRAILERS FOR HIRE.—
  479         (a) Net weight under 2,000 pounds: $3.50 flat plus $1.50
  480  per cwt.
  481         (b) Net weight 2,000 pounds or more: $13.50 flat plus $1.50
  482  per cwt.
  483         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  484         (a) A travel trailer or fifth-wheel trailer, as defined by
  485  s. 320.01(1)(b), that does not exceed 35 feet in length: $27
  486  flat.
  487         (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
  488  $13.50 flat.
  489         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  490         1. Net weight of less than 4,500 pounds: $27 flat.
  491         2. Net weight of 4,500 pounds or more: $47.25 flat.
  492         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  493         1. Net weight of less than 4,500 pounds: $27 flat.
  494         2. Net weight of 4,500 pounds or more: $47.25 flat.
  495         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  496         1. Net weight of less than 4,500 pounds: $27 flat.
  497         2. Net weight of 4,500 pounds or more: $47.25 flat.
  498         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  499  35 FEET TO 40 FEET.—
  500         (a) Park trailers.—Any park trailer, as defined in s.
  501  320.01(1)(b)7.: $25 flat.
  502         (b) Travel trailers or fifth-wheel trailers.—A travel
  503  trailer or fifth-wheel trailer, as defined in s. 320.01(1)(b),
  504  that exceeds 35 feet: $25 flat.
  505         (11) MOBILE HOMES.—
  506         (a) A mobile home not exceeding 35 feet in length: $20
  507  flat.
  508         (b) A mobile home over 35 feet in length, but not exceeding
  509  40 feet: $25 flat.
  510         (c) A mobile home over 40 feet in length, but not exceeding
  511  45 feet: $30 flat.
  512         (d) A mobile home over 45 feet in length, but not exceeding
  513  50 feet: $35 flat.
  514         (e) A mobile home over 50 feet in length, but not exceeding
  515  55 feet: $40 flat.
  516         (f) A mobile home over 55 feet in length, but not exceeding
  517  60 feet: $45 flat.
  518         (g) A mobile home over 60 feet in length, but not exceeding
  519  65 feet: $50 flat.
  520         (h) A mobile home over 65 feet in length: $80 flat.
  521         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  522  motor vehicle dealer, independent motor vehicle dealer, marine
  523  boat trailer dealer, or mobile home dealer and manufacturer
  524  license plate: $17 flat.
  525         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  526  official license plate: $4 flat, except that the registration or
  527  renewal of a registration of a marine boat trailer exempt under
  528  s. 320.102 is not subject to any license tax.
  529         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  530  vehicle for hire operated wholly within a city or within 25
  531  miles thereof: $17 flat plus $2 per cwt.
  532         (15) TRANSPORTER.—Any transporter license plate issued to a
  533  transporter pursuant to s. 320.133: $101.25 flat.
  534         Section 15. Paragraph (a) of subsection (3) of section
  535  316.306, Florida Statutes, is amended to read:
  536         316.306 School and work zones; prohibition on the use of a
  537  wireless communications device in a handheld manner.—
  538         (3)(a)1. A person may not operate a motor vehicle while
  539  using a wireless communications device in a handheld manner in a
  540  designated school crossing, school zone, or work zone area as
  541  defined in s. 316.003(105) s. 316.003(104). This subparagraph
  542  shall only be applicable to work zone areas if construction
  543  personnel are present or are operating equipment on the road or
  544  immediately adjacent to the work zone area. For the purposes of
  545  this paragraph, a motor vehicle that is stationary is not being
  546  operated and is not subject to the prohibition in this
  547  paragraph.
  548         2.a. During the period from October 1, 2019, through
  549  December 31, 2019, a law enforcement officer may stop motor
  550  vehicles to issue verbal or written warnings to persons who are
  551  in violation of subparagraph 1. for the purposes of informing
  552  and educating such persons of this section. This sub
  553  subparagraph shall stand repealed on October 1, 2020.
  554         b. Effective January 1, 2020, a law enforcement officer may
  555  stop motor vehicles and issue citations to persons who are
  556  driving while using a wireless communications device in a
  557  handheld manner in violation of subparagraph 1.
  558         Section 16. Subsection (1) of section 655.960, Florida
  559  Statutes, is amended to read:
  560         655.960 Definitions; ss. 655.960-655.965.—As used in this
  561  section and ss. 655.961-655.965, unless the context otherwise
  562  requires:
  563         (1) “Access area” means any paved walkway or sidewalk which
  564  is within 50 feet of any automated teller machine. The term does
  565  not include any street or highway open to the use of the public,
  566  as defined in s. 316.003(84)(a) or (b) s. 316.003(83)(a) or (b),
  567  including any adjacent sidewalk, as defined in s. 316.003.
  568         Section 17. This act shall take effect July 1, 2020.