Florida Senate - 2020 CS for SB 1148
By the Committee on Infrastructure and Security; and Senator
Brandes
596-03054-20 20201148c1
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. 316.008, F.S.;
8 authorizing a county or municipality to enact an
9 ordinance regulating the operation of electric
10 bicycles on sidewalks or sidewalk areas when such use
11 is permissible under federal law; restricting the
12 speed of electric bicycles in such areas; amending s.
13 316.027, F.S.; revising the definition of the term
14 “vulnerable road user”; amending s. 316.083, F.S.;
15 requiring the driver of a vehicle overtaking an
16 electric bicycle to pass the electric bicycle at a
17 certain distance; amending s. 316.1995, F.S.;
18 expanding exceptions to a prohibition on persons
19 driving certain vehicles on sidewalks and bicycle
20 paths; amending s. 316.2065, F.S.; deleting obsolete
21 language; creating s. 316.20655, F.S.; providing
22 electric bicycle regulations; providing for rights and
23 privileges of electric bicycles and operators of
24 electric bicycles; providing that electric bicycles
25 are vehicles to the same extent as bicycles; providing
26 construction; providing that electric bicycles and
27 operators of electric bicycles are not subject to
28 specified provisions; requiring manufacturers and
29 distributers, beginning on a specified date, to apply
30 a label containing certain information to each
31 electric bicycle; prohibiting persons from tampering
32 with or modifying electric bicycles for certain
33 purposes; providing an exception; requiring electric
34 bicycles to comply with specified provisions of law;
35 requiring electric bicycles to operate in a manner
36 that meets certain requirements; authorizing operators
37 to ride electric bicycles where bicycles are allowed;
38 amending ss. 316.613, 316.614, and 320.01, F.S.;
39 revising the definition of the term “motor vehicle”;
40 amending s. 322.01, F.S.; revising the definitions of
41 the terms “motor vehicle” and “vehicle”; amending ss.
42 324.021, 403.717, and 681.102, F.S.; revising the
43 definition of the term “motor vehicle”; amending s.
44 320.08, F.S.; conforming a provision to changes made
45 by the act; amending ss. 316.306 and 655.960, F.S.;
46 conforming cross-references; providing an effective
47 date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Subsection (4) of section 261.03, Florida
52 Statutes, is amended to read:
53 261.03 Definitions.—As used in this chapter, the term:
54 (4) “OHM” or “off-highway motorcycle” means any motor
55 vehicle used off the roads or highways of this state that has a
56 seat or saddle for the use of the rider and is designed to
57 travel with not more than two wheels in contact with the ground,
58 but excludes a tractor, an electric bicycle, or a moped.
59 Section 2. Present subsections (22) through (104) of
60 section 316.003, Florida Statutes, are redesignated as
61 subsections (23) through (105), respectively, a new subsection
62 (22) is added to that section, and subsection (4) and present
63 subsections (41), (43), (44), (45), and (61) of that section are
64 amended, to read:
65 316.003 Definitions.—The following words and phrases, when
66 used in this chapter, shall have the meanings respectively
67 ascribed to them in this section, except where the context
68 otherwise requires:
69 (4) BICYCLE.—Every vehicle propelled solely by human power,
70 and every motorized bicycle propelled by a combination of human
71 power and an electric helper motor capable of propelling the
72 vehicle at a speed of not more than 20 miles per hour on level
73 ground upon which any person may ride, having two tandem wheels,
74 and including any device generally recognized as a bicycle
75 though equipped with two front or two rear wheels. The term does
76 not include such a vehicle with a seat height of no more than 25
77 inches from the ground when the seat is adjusted to its highest
78 position or a scooter or similar device. A person under the age
79 of 16 may not operate or ride upon a motorized bicycle.
80 (22) ELECTRIC BICYCLE.—A bicycle or tricycle equipped with
81 fully operable pedals, a seat or saddle for the use of the
82 rider, and an electric motor of less than 750 watts which meets
83 the requirements of one of the following three classifications:
84 (a) “Class 1 electric bicycle” means an electric bicycle
85 equipped with a motor that provides assistance only when the
86 rider is pedaling and that ceases to provide assistance when the
87 electric bicycle reaches the speed of 20 miles per hour.
88 (b) “Class 2 electric bicycle” means an electric bicycle
89 equipped with a motor that may be used exclusively to propel the
90 electric bicycle and that ceases to provide assistance when the
91 electric bicycle reaches the speed of 20 miles per hour.
92 (c) “Class 3 electric bicycle” means an electric bicycle
93 equipped with a motor that provides assistance only when the
94 rider is pedaling and that ceases to provide assistance when the
95 electric bicycle reaches the speed of 28 miles per hour.
96 (42)(41) MOPED.—Any vehicle with pedals to permit
97 propulsion by human power, having a seat or saddle for the use
98 of the rider and designed to travel on not more than three
99 wheels, with a motor rated not in excess of 2 brake horsepower
100 and not capable of propelling the vehicle at a speed greater
101 than 30 miles per hour on level ground and with a power-drive
102 system that functions directly or automatically without
103 clutching or shifting gears by the operator after the drive
104 system is engaged. If an internal combustion engine is used, the
105 displacement may not exceed 50 cubic centimeters. The term does
106 not include an electric bicycle.
107 (44)(43) MOTOR VEHICLE.—Except when used in s. 316.1001, a
108 self-propelled vehicle not operated upon rails or guideway, but
109 not including any bicycle, electric bicycle, motorized scooter,
110 electric personal assistive mobility device, mobile carrier,
111 personal delivery device, swamp buggy, or moped. For purposes of
112 s. 316.1001, “motor vehicle” has the same meaning as provided in
113 s. 320.01(1)(a).
114 (45)(44) MOTORCYCLE.—Any motor vehicle having a seat or
115 saddle for the use of the rider and designed to travel on not
116 more than three wheels in contact with the ground. The term
117 includes an autocycle, but does not include a tractor, a moped,
118 an electric bicycle, or any vehicle in which the operator is
119 enclosed by a cabin unless it meets the requirements set forth
120 by the National Highway Traffic Safety Administration for a
121 motorcycle.
122 (46)(45) MOTORIZED SCOOTER.—Any vehicle or micromobility
123 device that is powered by a motor with or without a seat or
124 saddle for the use of the rider, which is designed to travel on
125 not more than three wheels, and which is not capable of
126 propelling the vehicle at a speed greater than 20 miles per hour
127 on level ground. The term does not include an electric bicycle.
128 (62)(61) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
129 provided in paragraph (84)(b) (83)(b), any privately owned way
130 or place used for vehicular travel by the owner and those having
131 express or implied permission from the owner, but not by other
132 persons.
133 Section 3. Paragraph (a) of subsection (7) of section
134 316.008, Florida Statutes, is amended to read:
135 316.008 Powers of local authorities.—
136 (7)(a) A county or municipality may enact an ordinance to
137 permit, control, or regulate the operation of vehicles, golf
138 carts, mopeds, motorized scooters, electric bicycles, and
139 electric personal assistive mobility devices on sidewalks or
140 sidewalk areas when such use is permissible under federal law.
141 The ordinance must restrict such vehicles or devices to a
142 maximum speed of 15 miles per hour in such areas.
143 Section 4. Paragraph (b) of subsection (1) of section
144 316.027, Florida Statutes, is amended to read:
145 316.027 Crash involving death or personal injuries.—
146 (1) As used in this section, the term:
147 (b) “Vulnerable road user” means:
148 1. A pedestrian, including a person actually engaged in
149 work upon a highway, or in work upon utility facilities along a
150 highway, or engaged in the provision of emergency services
151 within the right-of-way;
152 2. A person operating a bicycle, an electric bicycle, a
153 motorcycle, a scooter, or a moped lawfully on the roadway;
154 3. A person riding an animal; or
155 4. A person lawfully operating on a public right-of-way,
156 crosswalk, or shoulder of the roadway:
157 a. A farm tractor or similar vehicle designed primarily for
158 farm use;
159 b. A skateboard, roller skates, or in-line skates;
160 c. A horse-drawn carriage;
161 d. An electric personal assistive mobility device; or
162 e. A wheelchair.
163 Section 5. Subsection (1) of section 316.083, Florida
164 Statutes, is amended to read:
165 316.083 Overtaking and passing a vehicle.—The following
166 rules shall govern the overtaking and passing of vehicles
167 proceeding in the same direction, subject to those limitations,
168 exceptions, and special rules hereinafter stated:
169 (1) The driver of a vehicle overtaking another vehicle
170 proceeding in the same direction shall give an appropriate
171 signal as provided for in s. 316.156, shall pass to the left
172 thereof at a safe distance, and shall not again drive to the
173 right side of the roadway until safely clear of the overtaken
174 vehicle. The driver of a vehicle overtaking a bicycle or other
175 nonmotorized vehicle, or an electric bicycle, must pass the
176 bicycle, or other nonmotorized vehicle, or electric bicycle at a
177 safe distance of not less than 3 feet between the vehicle and
178 the bicycle, or other nonmotorized vehicle, or electric bicycle.
179 Section 6. Section 316.1995, Florida Statutes, is amended
180 to read:
181 316.1995 Driving upon sidewalk or bicycle path.—
182 (1) Except as provided in s. 316.008, s. 316.20655, s.
183 316.212(8), or s. 316.2128, a person may not drive any vehicle
184 other than by human power upon a bicycle path, sidewalk, or
185 sidewalk area, except upon a permanent or duly authorized
186 temporary driveway.
187 (2) A violation of this section is a noncriminal traffic
188 infraction, punishable as a moving violation as provided in
189 chapter 318.
190 (3) This section does not apply to motorized wheelchairs.
191 Section 7. Paragraph (d) of subsection (3) of section
192 316.2065, Florida Statutes, is amended to read:
193 316.2065 Bicycle regulations.—
194 (3)
195 (d) A bicycle rider or passenger who is under 16 years of
196 age must wear a bicycle helmet that is properly fitted and is
197 fastened securely upon the passenger’s head by a strap and that
198 meets the federal safety standard for bicycle helmets, final
199 rule, 16 C.F.R. part 1203. A helmet purchased before October 1,
200 2012, which meets the standards of the American National
201 Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
202 standards of the Snell Memorial Foundation (1984 Standard for
203 Protective Headgear for Use in Bicycling), or any other
204 nationally recognized standards for bicycle helmets adopted by
205 the department may continue to be worn by a bicycle rider or
206 passenger until January 1, 2016. As used in this subsection, the
207 term “passenger” includes a child who is riding in a trailer or
208 semitrailer attached to a bicycle.
209 Section 8. Section 316.20655, Florida Statutes, is created
210 to read:
211 316.20655 Electric bicycle regulations.—
212 (1) Except as otherwise provided in this section, an
213 electric bicycle or an operator of an electric bicycle shall be
214 afforded all the rights and privileges, and be subject to all of
215 the duties, of a bicycle or the operator of a bicycle, including
216 those identified in s. 316.2065. An electric bicycle is a
217 vehicle to the same extent as a bicycle. However, this section
218 may not be construed to prevent a local government, through the
219 exercise of its powers under s. 316.008, from adopting an
220 ordinance governing the operation of electric bicycles on
221 streets, highways, sidewalks, and sidewalk areas that are under
222 the local government’s jurisdiction; or to prevent a
223 municipality, county, or agency of the state having jurisdiction
224 over a bicycle lane, bicycle path, multiuse path, or trail
225 network from restricting or prohibiting the operation of an
226 electric bicycle on a bicycle lane, bicycle path, multiuse path,
227 or trail network.
228 (2) An electric bicycle or an operator of an electric
229 bicycle is not subject to the provisions of law relating to
230 financial responsibility, driver or motor vehicle licenses,
231 vehicle registration, title certificates, off-highway
232 motorcycles, or off-highway vehicles.
233 (3) Beginning on January 1, 2021, manufacturers and
234 distributors of electric bicycles shall apply a label that is
235 permanently affixed in a prominent location to each electric
236 bicycle. The label must contain the classification number, top
237 assisted speed, and motor wattage of the electric bicycle.
238 (4) A person may not tamper with or modify an electric
239 bicycle so as to change the motor-powered speed capability or
240 engagement of an electric bicycle, unless the label indicating
241 the classification number required in subsection (3) is replaced
242 after such modification.
243 (5) An electric bicycle must comply with the equipment and
244 manufacturing requirements for bicycles adopted by the United
245 States Consumer Product Safety Commission under 16 C.F.R. part
246 1512.
247 (6) An electric bicycle must operate in a manner so that
248 the electric motor is disengaged or ceases to function when the
249 rider stops pedaling or when the brakes are applied.
250 (7) An operator may ride an electric bicycle where bicycles
251 are allowed, including, but not limited to, streets, highways,
252 roadways, shoulders, bicycle lanes, and bicycle or multiuse
253 paths.
254 Section 9. Paragraph (e) of subsection (2) of section
255 316.613, Florida Statutes, is amended to read:
256 316.613 Child restraint requirements.—
257 (2) As used in this section, the term “motor vehicle” means
258 a motor vehicle as defined in s. 316.003 that is operated on the
259 roadways, streets, and highways of the state. The term does not
260 include:
261 (e) A motorcycle, a moped, a or bicycle, or an electric
262 bicycle.
263 Section 10. Paragraph (a) of subsection (3) of section
264 316.614, Florida Statutes, is amended to read:
265 316.614 Safety belt usage.—
266 (3) As used in this section:
267 (a) “Motor vehicle” means a motor vehicle as defined in s.
268 316.003 which is operated on the roadways, streets, and highways
269 of this state. The term does not include:
270 1. A school bus.
271 2. A bus used for the transportation of persons for
272 compensation.
273 3. A farm tractor or implement of husbandry.
274 4. A truck having a gross vehicle weight rating of more
275 than 26,000 pounds.
276 5. A motorcycle, a moped, a or bicycle, or an electric
277 bicycle.
278 Section 11. Paragraph (a) of subsection (1) of section
279 320.01, Florida Statutes, is amended to read:
280 320.01 Definitions, general.—As used in the Florida
281 Statutes, except as otherwise provided, the term:
282 (1) “Motor vehicle” means:
283 (a) An automobile, motorcycle, truck, trailer, semitrailer,
284 truck tractor and semitrailer combination, or any other vehicle
285 operated on the roads of this state, used to transport persons
286 or property, and propelled by power other than muscular power,
287 but the term does not include traction engines, road rollers,
288 motorized scooters, micromobility devices, personal delivery
289 devices and mobile carriers as defined in s. 316.003, special
290 mobile equipment as defined in s. 316.003, vehicles that run
291 only upon a track, bicycles, electric bicycles, swamp buggies,
292 or mopeds.
293 Section 12. Subsections (27) and (44) of section 322.01,
294 Florida Statutes, are amended to read:
295 322.01 Definitions.—As used in this chapter:
296 (27) “Motor vehicle” means any self-propelled vehicle,
297 including a motor vehicle combination, not operated upon rails
298 or guideway, excluding vehicles moved solely by human power,
299 motorized wheelchairs, and electric motorized bicycles as
300 defined in s. 316.003.
301 (44) “Vehicle” means every device in, upon, or by which any
302 person or property is or may be transported or drawn upon a
303 public highway or operated upon rails or guideway, except a
304 bicycle, motorized wheelchair, or electric motorized bicycle.
305 Section 13. Subsection (1) of section 324.021, Florida
306 Statutes, is amended to read:
307 324.021 Definitions; minimum insurance required.—The
308 following words and phrases when used in this chapter shall, for
309 the purpose of this chapter, have the meanings respectively
310 ascribed to them in this section, except in those instances
311 where the context clearly indicates a different meaning:
312 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
313 designed and required to be licensed for use upon a highway,
314 including trailers and semitrailers designed for use with such
315 vehicles, except traction engines, road rollers, farm tractors,
316 power shovels, and well drillers, and every vehicle that is
317 propelled by electric power obtained from overhead wires but not
318 operated upon rails, but not including any personal delivery
319 device or mobile carrier as defined in s. 316.003, bicycle,
320 electric bicycle, or moped. However, the term “motor vehicle”
321 does not include a motor vehicle as defined in s. 627.732(3)
322 when the owner of such vehicle has complied with the
323 requirements of ss. 627.730-627.7405, inclusive, unless the
324 provisions of s. 324.051 apply; and, in such case, the
325 applicable proof of insurance provisions of s. 320.02 apply.
326 Section 14. Paragraph (b) of subsection (1) of section
327 403.717, Florida Statutes, is amended to read:
328 403.717 Waste tire and lead-acid battery requirements.—
329 (1) For purposes of this section and ss. 403.718 and
330 403.7185:
331 (b) “Motor vehicle” means an automobile, motorcycle, truck,
332 trailer, semitrailer, truck tractor and semitrailer combination,
333 or any other vehicle operated in this state, used to transport
334 persons or property and propelled by power other than muscular
335 power. The term does not include traction engines, road rollers,
336 vehicles that run only upon a track, bicycles, electric
337 bicycles, mopeds, or farm tractors and trailers.
338 Section 15. Subsection (14) of section 681.102, Florida
339 Statutes, is amended to read:
340 681.102 Definitions.—As used in this chapter, the term:
341 (14) “Motor vehicle” means a new vehicle, propelled by
342 power other than muscular power, which is sold in this state to
343 transport persons or property, and includes a recreational
344 vehicle or a vehicle used as a demonstrator or leased vehicle if
345 a manufacturer’s warranty was issued as a condition of sale, or
346 the lessee is responsible for repairs, but does not include
347 vehicles run only upon tracks, off-road vehicles, trucks over
348 10,000 pounds gross vehicle weight, motorcycles, mopeds,
349 electric bicycles, or the living facilities of recreational
350 vehicles. “Living facilities of recreational vehicles” are those
351 portions designed, used, or maintained primarily as living
352 quarters and include, but are not limited to, the flooring,
353 plumbing system and fixtures, roof air conditioner, furnace,
354 generator, electrical systems other than automotive circuits,
355 the side entrance door, exterior compartments, and windows other
356 than the windshield and driver and front passenger windows.
357 Section 16. Section 320.08, Florida Statutes, is amended to
358 read:
359 320.08 License taxes.—Except as otherwise provided herein,
360 there are hereby levied and imposed annual license taxes for the
361 operation of motor vehicles, mopeds, motorized bicycles as
362 defined in s. 316.003(4), tri-vehicles as defined in s. 316.003,
363 and mobile homes as defined in s. 320.01, which shall be paid to
364 and collected by the department or its agent upon the
365 registration or renewal of registration of the following:
366 (1) MOTORCYCLES AND MOPEDS.—
367 (a) Any motorcycle: $10 flat.
368 (b) Any moped: $5 flat.
369 (c) Upon registration of a motorcycle, motor-driven cycle,
370 or moped, in addition to the license taxes specified in this
371 subsection, a nonrefundable motorcycle safety education fee in
372 the amount of $2.50 shall be paid. The proceeds of such
373 additional fee shall be deposited in the Highway Safety
374 Operating Trust Fund to fund a motorcycle driver improvement
375 program implemented pursuant to s. 322.025, the Florida
376 Motorcycle Safety Education Program established in s. 322.0255,
377 or the general operations of the department.
378 (d) An ancient or antique motorcycle: $7.50 flat.
379 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
380 (a) An ancient or antique automobile, as defined in s.
381 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
382 (b) Net weight of less than 2,500 pounds: $14.50 flat.
383 (c) Net weight of 2,500 pounds or more, but less than 3,500
384 pounds: $22.50 flat.
385 (d) Net weight of 3,500 pounds or more: $32.50 flat.
386 (3) TRUCKS.—
387 (a) Net weight of less than 2,000 pounds: $14.50 flat.
388 (b) Net weight of 2,000 pounds or more, but not more than
389 3,000 pounds: $22.50 flat.
390 (c) Net weight more than 3,000 pounds, but not more than
391 5,000 pounds: $32.50 flat.
392 (d) A truck defined as a “goat,” or other vehicle if used
393 in the field by a farmer or in the woods for the purpose of
394 harvesting a crop, including naval stores, during such
395 harvesting operations, and which is not principally operated
396 upon the roads of the state: $7.50 flat. The term “goat” means a
397 motor vehicle designed, constructed, and used principally for
398 the transportation of citrus fruit within citrus groves or for
399 the transportation of crops on farms, and which can also be used
400 for hauling associated equipment or supplies, including required
401 sanitary equipment, and the towing of farm trailers.
402 (e) An ancient or antique truck, as defined in s. 320.086:
403 $7.50 flat.
404 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
405 VEHICLE WEIGHT.—
406 (a) Gross vehicle weight of 5,001 pounds or more, but less
407 than 6,000 pounds: $60.75 flat.
408 (b) Gross vehicle weight of 6,000 pounds or more, but less
409 than 8,000 pounds: $87.75 flat.
410 (c) Gross vehicle weight of 8,000 pounds or more, but less
411 than 10,000 pounds: $103 flat.
412 (d) Gross vehicle weight of 10,000 pounds or more, but less
413 than 15,000 pounds: $118 flat.
414 (e) Gross vehicle weight of 15,000 pounds or more, but less
415 than 20,000 pounds: $177 flat.
416 (f) Gross vehicle weight of 20,000 pounds or more, but less
417 than 26,001 pounds: $251 flat.
418 (g) Gross vehicle weight of 26,001 pounds or more, but less
419 than 35,000: $324 flat.
420 (h) Gross vehicle weight of 35,000 pounds or more, but less
421 than 44,000 pounds: $405 flat.
422 (i) Gross vehicle weight of 44,000 pounds or more, but less
423 than 55,000 pounds: $773 flat.
424 (j) Gross vehicle weight of 55,000 pounds or more, but less
425 than 62,000 pounds: $916 flat.
426 (k) Gross vehicle weight of 62,000 pounds or more, but less
427 than 72,000 pounds: $1,080 flat.
428 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
429 flat.
430 (m) Notwithstanding the declared gross vehicle weight, a
431 truck tractor used within the state or within a 150-mile radius
432 of its home address is eligible for a license plate for a fee of
433 $324 flat if:
434 1. The truck tractor is used exclusively for hauling
435 forestry products; or
436 2. The truck tractor is used primarily for the hauling of
437 forestry products, and is also used for the hauling of
438 associated forestry harvesting equipment used by the owner of
439 the truck tractor.
440 (n) A truck tractor or heavy truck, not operated as a for
441 hire vehicle and which is engaged exclusively in transporting
442 raw, unprocessed, and nonmanufactured agricultural or
443 horticultural products within the state or within a 150-mile
444 radius of its home address is eligible for a restricted license
445 plate for a fee of:
446 1. If such vehicle’s declared gross vehicle weight is less
447 than 44,000 pounds, $87.75 flat.
448 2. If such vehicle’s declared gross vehicle weight is
449 44,000 pounds or more and such vehicle only transports from the
450 point of production to the point of primary manufacture; to the
451 point of assembling the same; or to a shipping point of a rail,
452 water, or motor transportation company, $324 flat.
453
454 Such not-for-hire truck tractors and heavy trucks used
455 exclusively in transporting raw, unprocessed, and
456 nonmanufactured agricultural or horticultural products may be
457 incidentally used to haul farm implements and fertilizers
458 delivered direct to the growers. The department may require any
459 documentation deemed necessary to determine eligibility before
460 issuance of this license plate. For the purpose of this
461 paragraph, “not-for-hire” means the owner of the motor vehicle
462 must also be the owner of the raw, unprocessed, and
463 nonmanufactured agricultural or horticultural product, or the
464 user of the farm implements and fertilizer being delivered.
465 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
466 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
467 (a)1. A semitrailer drawn by a GVW truck tractor by means
468 of a fifth-wheel arrangement: $13.50 flat per registration year
469 or any part thereof.
470 2. A semitrailer drawn by a GVW truck tractor by means of a
471 fifth-wheel arrangement: $68 flat per permanent registration.
472 (b) A motor vehicle equipped with machinery and designed
473 for the exclusive purpose of well drilling, excavation,
474 construction, spraying, or similar activity, and which is not
475 designed or used to transport loads other than the machinery
476 described above over public roads: $44 flat.
477 (c) A school bus used exclusively to transport pupils to
478 and from school or school or church activities or functions
479 within their own county: $41 flat.
480 (d) A wrecker, as defined in s. 320.01, which is used to
481 tow a vessel as defined in s. 327.02, a disabled, abandoned,
482 stolen-recovered, or impounded motor vehicle as defined in s.
483 320.01, or a replacement motor vehicle as defined in s. 320.01:
484 $41 flat.
485 (e) A wrecker that is used to tow any nondisabled motor
486 vehicle, a vessel, or any other cargo unless used as defined in
487 paragraph (d), as follows:
488 1. Gross vehicle weight of 10,000 pounds or more, but less
489 than 15,000 pounds: $118 flat.
490 2. Gross vehicle weight of 15,000 pounds or more, but less
491 than 20,000 pounds: $177 flat.
492 3. Gross vehicle weight of 20,000 pounds or more, but less
493 than 26,000 pounds: $251 flat.
494 4. Gross vehicle weight of 26,000 pounds or more, but less
495 than 35,000 pounds: $324 flat.
496 5. Gross vehicle weight of 35,000 pounds or more, but less
497 than 44,000 pounds: $405 flat.
498 6. Gross vehicle weight of 44,000 pounds or more, but less
499 than 55,000 pounds: $772 flat.
500 7. Gross vehicle weight of 55,000 pounds or more, but less
501 than 62,000 pounds: $915 flat.
502 8. Gross vehicle weight of 62,000 pounds or more, but less
503 than 72,000 pounds: $1,080 flat.
504 9. Gross vehicle weight of 72,000 pounds or more: $1,322
505 flat.
506 (f) A hearse or ambulance: $40.50 flat.
507 (6) MOTOR VEHICLES FOR HIRE.—
508 (a) Under nine passengers: $17 flat plus $1.50 per cwt.
509 (b) Nine passengers and over: $17 flat plus $2 per cwt.
510 (7) TRAILERS FOR PRIVATE USE.—
511 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
512 year or any part thereof.
513 (b) Net weight over 500 pounds: $3.50 flat plus $1 per cwt.
514 (8) TRAILERS FOR HIRE.—
515 (a) Net weight under 2,000 pounds: $3.50 flat plus $1.50
516 per cwt.
517 (b) Net weight 2,000 pounds or more: $13.50 flat plus $1.50
518 per cwt.
519 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
520 (a) A travel trailer or fifth-wheel trailer, as defined by
521 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
522 flat.
523 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
524 $13.50 flat.
525 (c) A motor home, as defined by s. 320.01(1)(b)4.:
526 1. Net weight of less than 4,500 pounds: $27 flat.
527 2. Net weight of 4,500 pounds or more: $47.25 flat.
528 (d) A truck camper as defined by s. 320.01(1)(b)3.:
529 1. Net weight of less than 4,500 pounds: $27 flat.
530 2. Net weight of 4,500 pounds or more: $47.25 flat.
531 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
532 1. Net weight of less than 4,500 pounds: $27 flat.
533 2. Net weight of 4,500 pounds or more: $47.25 flat.
534 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
535 35 FEET TO 40 FEET.—
536 (a) Park trailers.—Any park trailer, as defined in s.
537 320.01(1)(b)7.: $25 flat.
538 (b) Travel trailers or fifth-wheel trailers.—A travel
539 trailer or fifth-wheel trailer, as defined in s. 320.01(1)(b),
540 that exceeds 35 feet: $25 flat.
541 (11) MOBILE HOMES.—
542 (a) A mobile home not exceeding 35 feet in length: $20
543 flat.
544 (b) A mobile home over 35 feet in length, but not exceeding
545 40 feet: $25 flat.
546 (c) A mobile home over 40 feet in length, but not exceeding
547 45 feet: $30 flat.
548 (d) A mobile home over 45 feet in length, but not exceeding
549 50 feet: $35 flat.
550 (e) A mobile home over 50 feet in length, but not exceeding
551 55 feet: $40 flat.
552 (f) A mobile home over 55 feet in length, but not exceeding
553 60 feet: $45 flat.
554 (g) A mobile home over 60 feet in length, but not exceeding
555 65 feet: $50 flat.
556 (h) A mobile home over 65 feet in length: $80 flat.
557 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
558 motor vehicle dealer, independent motor vehicle dealer, marine
559 boat trailer dealer, or mobile home dealer and manufacturer
560 license plate: $17 flat.
561 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
562 official license plate: $4 flat, except that the registration or
563 renewal of a registration of a marine boat trailer exempt under
564 s. 320.102 is not subject to any license tax.
565 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
566 vehicle for hire operated wholly within a city or within 25
567 miles thereof: $17 flat plus $2 per cwt.
568 (15) TRANSPORTER.—Any transporter license plate issued to a
569 transporter pursuant to s. 320.133: $101.25 flat.
570 Section 17. Paragraph (a) of subsection (3) of section
571 316.306, Florida Statutes, is amended to read:
572 316.306 School and work zones; prohibition on the use of a
573 wireless communications device in a handheld manner.—
574 (3)(a)1. A person may not operate a motor vehicle while
575 using a wireless communications device in a handheld manner in a
576 designated school crossing, school zone, or work zone area as
577 defined in s. 316.003(105) s. 316.003(104). This subparagraph
578 shall only be applicable to work zone areas if construction
579 personnel are present or are operating equipment on the road or
580 immediately adjacent to the work zone area. For the purposes of
581 this paragraph, a motor vehicle that is stationary is not being
582 operated and is not subject to the prohibition in this
583 paragraph.
584 2.a. During the period from October 1, 2019, through
585 December 31, 2019, a law enforcement officer may stop motor
586 vehicles to issue verbal or written warnings to persons who are
587 in violation of subparagraph 1. for the purposes of informing
588 and educating such persons of this section. This sub
589 subparagraph shall stand repealed on October 1, 2020.
590 b. Effective January 1, 2020, a law enforcement officer may
591 stop motor vehicles and issue citations to persons who are
592 driving while using a wireless communications device in a
593 handheld manner in violation of subparagraph 1.
594 Section 18. Subsection (1) of section 655.960, Florida
595 Statutes, is amended to read:
596 655.960 Definitions; ss. 655.960-655.965.—As used in this
597 section and ss. 655.961-655.965, unless the context otherwise
598 requires:
599 (1) “Access area” means any paved walkway or sidewalk which
600 is within 50 feet of any automated teller machine. The term does
601 not include any street or highway open to the use of the public,
602 as defined in s. 316.003(84)(a) or (b) s. 316.003(83)(a) or (b),
603 including any adjacent sidewalk, as defined in s. 316.003.
604 Section 19. This act shall take effect July 1, 2020.