Bill Text: FL S1148 | 2020 | Regular Session | Comm Sub


Bill Title: Electric Bicycles

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-03-09 - Laid on Table, refer to CS/CS/HB 971 [S1148 Detail]

Download: Florida-2020-S1148-Comm_Sub.html
       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.

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