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2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.565 - Emergency Transportation, Agricultural Products; Establishment of Weight Loads, Etc.

316.565 Emergency transportation, agricultural products; establishment of weight loads, etc.—
(1) The Governor may declare an emergency to exist when there is a breakdown in the normal public transportation facilities necessary in moving agricultural products, as defined in s. 604.60, grown in the state. The Department of Transportation is authorized during such emergency to establish such weight loads for hauling over the highways as circumstances demand. The Department of Transportation may issue, and any law enforcement officer authorized to enforce the traffic laws of this state must accept, electronic verification of permits during such an emergency. A permit issued pursuant to this section is valid for up to 60 days; however, the validity of the permit may not exceed the period of the declared state of emergency or any extension thereof. The Department of Transportation shall designate special highway routes, excluding the interstate highway system, to facilitate the trucking and render any other assistance needed to expedite moving the agricultural products.
(2) It is the intent of the Legislature in this chapter to supersede any existing laws when necessary to protect and save any agricultural products grown in the state and give authority for agencies to provide necessary temporary assistance requested during any such emergency. The department shall consult with the Department of Agriculture and Consumer Services and stakeholders in the agricultural industry in implementing this section.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 3, ch. 2018-84.
Note.—Former s. 316.204.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.600 - Health and Sanitation Hazards.

316.600 Health and sanitation hazards.—No motor vehicle, trailer or semitrailer shall be equipped with an open toilet or other device that may be a hazard from a health and sanitation standpoint. A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 238, ch. 99-248.
Note.—Former s. 316.279.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.610 - Safety of Vehicle; Inspection.

316.610 Safety of vehicle; inspection.—It is a violation of this chapter for any person to drive or move, or for the owner or his or her duly authorized representative to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter, or which is equipped in any manner in violation of this chapter, or for any person to do any act forbidden or fail to perform any act required under this chapter.
(1) Any police officer may at any time, upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference thereto as may be appropriate.
(2) In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, and the continued operation would probably present an unduly hazardous operating condition, the officer may require the vehicle to be immediately repaired or removed from use. However, if continuous operation would not present unduly hazardous operating conditions, that is, in the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally worn tires, the officer shall give written notice to require proper repair and adjustment of same within 48 hours, excluding Sunday.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 1, ch. 78-112; s. 24, ch. 83-216; s. 7, ch. 83-298; s. 328, ch. 95-148; s. 17, ch. 2003-286.
Note.—Former s. 316.285.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.6105 - Violations Involving Operation of Motor Vehicle in Unsafe Condition or Without Required Equipment; Procedure for Disposition.

316.6105 Violations involving operation of motor vehicle in unsafe condition or without required equipment; procedure for disposition.—
(1) In the event that a law enforcement officer issues a traffic citation for a violation of s. 316.2935 or for the operation of a motor vehicle which is in an unsafe condition or which is not properly equipped as required pursuant to s. 316.610, the law enforcement officer shall also issue an affidavit-of-compliance form.
(2) The person to whom the citation has been issued may mitigate the civil penalty by making the necessary repair and presenting the vehicle to any local police department or sheriff’s department in this state for inspection within 30 days after the issuance of the citation.
(3) The police or sheriff’s department shall make available a person or persons to confirm that the defect has been corrected. If the correction has been made, such employee shall execute the affidavit-of-compliance form in a manner established by the Department of Highway Safety and Motor Vehicles and return it to the person who received the citation. The person who received the citation shall, upon receipt of the executed affidavit of compliance, pay the appropriate fine to the law enforcement agency pursuant to s. 318.18(2)(c) thereby completing the affidavit of compliance. The affidavit of compliance shall not be construed by the courts as a warranty of the mechanical condition of the motor vehicle. Neither the person who confirms that a defect has been corrected nor the department by which he or she is employed shall be liable in damages for any defect, failure, or improper functioning of any item of equipment on such motor vehicle.
(4) The person to whom the citation was issued shall mail or present the traffic citation and the affidavit-of-compliance form to the clerk of the court where the traffic citation was issued and shall thereupon pay the appropriate fine pursuant to s. 318.18(2)(c).
(5) In the event that the person to whom the traffic citation has been issued chooses not to correct the defect, the procedure for the collection of the fine and any other penalties shall proceed as provided by law.
(6) This section does not apply to commercial motor vehicles or transit buses owned or operated by a governmental entity.
History.—s. 5, ch. 86-260; s. 7, ch. 90-290; s. 1, ch. 91-136; s. 81, ch. 91-221; s. 329, ch. 95-148; s. 34, ch. 96-350; s. 67, ch. 2016-239.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.6131 - Educational Expenditures.

316.6131 Educational expenditures.—The department may authorize the expenditure of funds for the purchase of educational items as part of the public information and education campaigns promoting highway safety and awareness, as well as departmental community-based initiatives. Funds may be expended for, but are not limited to, educational campaigns provided in this chapter, chapters 320 and 322, and s. 403.7145.
History.—s. 41, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.6135 - Leaving Children Unattended or Unsupervised in Motor Vehicles; Penalty; Authority of Law Enforcement Officer.

316.6135 Leaving children unattended or unsupervised in motor vehicles; penalty; authority of law enforcement officer.—
(1) A parent, legal guardian, or other person responsible for a child younger than 6 years of age may not leave the child unattended or unsupervised in a motor vehicle:
(a) For a period in excess of 15 minutes;
(b) For any period of time if the motor of the vehicle is running, the health of the child is in danger, or the child appears to be in distress.
(2) Any person who violates the provisions of paragraph (1)(a) commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal traffic infraction, punishable by a fine not less than $50 and not more than $500.
(4) Any person who violates subsection (1) and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to a child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any law enforcement officer who observes a child left unattended or unsupervised in a motor vehicle in violation of subsection (1) may use whatever means are reasonably necessary to protect the minor child and to remove the child from the vehicle.
(6) If the child is removed from the immediate area, notification should be placed on the vehicle.
(7) The child shall be remanded to the custody of the Department of Children and Families pursuant to chapter 39, unless the law enforcement officer is able to locate the parents or legal guardian or other person responsible for the child.
History.—s. 1, ch. 85-229; s. 4, ch. 87-225; s. 330, ch. 95-148; s. 57, ch. 99-8; s. 241, ch. 99-248; s. 1, ch. 2007-205; s. 14, ch. 2012-181; s. 56, ch. 2014-19.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.6145 - School Buses; Safety Belts or Other Restraint Systems Required.

316.6145 School buses; safety belts or other restraint systems required.—
(1)(a) Each school bus that is purchased new after December 31, 2000, and used to transport students in grades pre-K through 12 must be equipped with safety belts or with any other restraint system approved by the Federal Government in a number sufficient to allow each student who is being transported to use a separate safety belt or restraint system. These safety belts must meet the standards required under s. 316.614. A school bus that was purchased prior to December 31, 2000, is not required to be equipped with safety belts.
(b) As used in this section, “school bus” means a school bus that is owned, leased, operated, or contracted by a school district.
(2) Each passenger on a school bus that is equipped with safety belts or restraint system shall wear a properly adjusted and fastened safety belt at all times while the bus is in operation. The state, the county, a school district, school bus operator under contract with a school district, or an agent or employee of a school district or operator, including a teacher or volunteer serving as a chaperone, is not liable in an action for personal injury by a school bus passenger solely because the injured party was not wearing a safety belt.
(3) The state, the county, a school district, school bus operator under contract with a school district, or an agent or employee of a school district or operator, including a teacher or volunteer serving as a chaperone, is not liable in an action for personal injury by a school bus passenger for an injury caused solely by another passenger’s use or nonuse of a safety belt or restraint system in a dangerous or unsafe manner.
(4) In implementing the provisions of this section, each school district must prioritize the allocation of buses equipped with safety belts or restraint system to ensure that elementary schools within the district receive first priority. A school district may enter into agreements to provide transportation pursuant to this section only if the point of origin or termination of the trip is within the district’s boundaries.
(5) The provisions of this section shall not apply to vehicles as defined in s. 1006.25(1)(b).
History.—s. 3, ch. 99-316; s. 958, ch. 2002-387; s. 2, ch. 2003-90.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.6146 - Transportation of Private School Students on Public School Buses and Public School Students on Private School Buses; Agreement.

316.6146 Transportation of private school students on public school buses and public school students on private school buses; agreement.—Private school students may be transported on public school buses and public school students may be transported on private school buses when there is mutual agreement between the local school board and the applicable private school. Any agreement for private school students to be transported on public school buses must be in accordance with ss. 768.28(9)(a) and 316.6145. Any agreement for public school students to be transported on private school buses must be contingent on the private school bus driver’s having adequate liability insurance through his or her employer.
History.—s. 3, ch. 2003-90.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.615 - School Buses; Physical Requirements of Drivers.

316.615 School buses; physical requirements of drivers.—
(1)(a) All motor vehicles, with a seating capacity of 24 or more pupils, which are regularly used for the transportation of pupils to or from school, or to or from school activities, shall comply with the requirements for school buses of chapter 1006.
(b) For the purposes of this section the term “school” includes all public and private nursery, preelementary, elementary, and secondary level schools.
(c) A bus operated by an organization that holds a tax exemption pursuant to 26 U.S.C. s. 501(c)(3) is exempt from the color, pupil-warning-lamp-system, stop-arm, and crossing-arm requirements for school buses in chapter 1006 if:
1. The bus does not pick up pupils from home or deliver pupils to home;
2. The bus makes no intermittent stops to unload or load pupils; and
3. The bus is not operated by or under the purview of the state or political subdivision.
(2)(a) Every motor vehicle, except privately owned passenger motor vehicles and passenger motor vehicles owned or operated by governmental entities, with a seating capacity of less than 24 pupils, which is regularly used for the transportation of pupils to or from school, or to or from school activities, shall be equipped with the following:
1. Nonleaking exhaust system;
2. First-aid kit;
3. Fire extinguisher;
4. Unbroken safety glass on all windows;
5. Inside rear view mirror capable of giving the driver a clear view of motor vehicles approaching from the rear; and
6. Seats securely anchored.
(b) Such vehicles shall transport no more passengers than they are equipped to seat.
(3) A person may not operate or cause to be operated a motor vehicle covered by subsection (1) or subsection (2) when transporting school children unless the operator has met the physical examination requirements established by law and by rule of the State Board of Education. The operator of such a motor vehicle shall pass an annual physical examination and have posted in the vehicle a certificate to drive the vehicle.
(4) All school buses and all motor vehicles covered by subsections (1) and (2) must be covered by single limits liability insurance to protect pupils being transported, in the following amounts: $5,000 multiplied by the rated seating capacity of the vehicle, or $100,000, whichever is greater.
(5) Nonpublic school buses shall be allowed to deliver and pick up students either in the same areas as public school buses or in other areas adjacent to the public school bus delivery and pickup zones, as determined by the appropriate government entities.
(6) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 20, ch. 83-215; s. 9, ch. 86-146; s. 13, ch. 86-173; s. 29, ch. 94-306; s. 2, ch. 95-177; s. 1, ch. 95-326; s. 159, ch. 97-190; s. 242, ch. 99-248; s. 959, ch. 2002-387; s. 9, ch. 2004-41.
Note.—Former s. 316.288.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.622 - Farm Labor Vehicles.

316.622 Farm labor vehicles.—
(1) Each owner or operator of a farm labor vehicle that is operated on the public highways of this state shall ensure that such vehicle conforms to vehicle safety standards prescribed by the Secretary of Labor under s. 401(b) of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. s. 1841(b), and other applicable federal and state safety standards.
(2) On or after January 1, 2008, a farm labor vehicle having a gross vehicle weight rating of 10,000 pounds or less must be equipped at each passenger position with a seat belt assembly that meets the requirements established under Federal Motor Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
(3) A farm labor contractor may not transport migrant or seasonal farm workers in a farm labor vehicle unless the display sticker described in s. 450.33 is clearly displayed on the vehicle.
(4) The owner or operator of a farm labor vehicle must prominently display in the vehicle standardized notification instructions requiring passengers to fasten their seat belts. The Department of Highway Safety and Motor Vehicles shall create standard notification instructions.
(5) Failure of any migrant or seasonal farm worker to use a seat belt provided by the owner of a farm labor vehicle under this section does not constitute negligence per se, and such failure may not be used as prima facie evidence of negligence or be considered in mitigation of damages, but such failure may be considered as evidence of comparative negligence in a civil action.
(6) Failure of any owner or operator of a farm labor vehicle to require that all passengers be restrained by a safety belt when the vehicle is in motion may not be considered as evidence of negligence in any civil action, if such vehicle is otherwise in compliance with this section.
(7) A violation of this section is a noncriminal traffic infraction, punishable as provided in s. 318.18(16).
(8) The department shall provide to the Department of Business and Professional Regulation each quarter a copy of each accident report involving a farm labor vehicle.
History.—s. 3, ch. 2006-81; s. 69, ch. 2016-239.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.645 - Arrest Authority of Officer at Scene of a Traffic Crash.

316.645 Arrest authority of officer at scene of a traffic crash.—A police officer who makes an investigation at the scene of a traffic crash may arrest any driver of a vehicle involved in the crash when, based upon personal investigation, the officer has reasonable and probable grounds to believe that the person has committed any offense under the provisions of this chapter, chapter 320, or chapter 322 in connection with the crash.
History.—s. 1, ch. 71-135; s. 1, ch. 76-31; s. 3, ch. 81-3; s. 5, ch. 83-218; s. 245, ch. 99-248; s. 11, ch. 2008-176.
Note.—Former s. 316.017.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.655 - Penalties.

316.655 Penalties.—
(1) A violation of any of the provisions of this chapter, except those violations with a specific criminal charge, as enumerated in s. 318.17, are infractions, as defined in s. 318.13(3). Except for violations of s. 316.302, infractions of this chapter are punishable as provided in chapter 318. Any person convicted of a violation of or otherwise found to be in violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or s. 316.550 shall be punished as specifically provided in that section.
(2) A driver convicted of a violation of any offense prohibited by this chapter or any other law of this state regulating motor vehicles, which resulted in an accident, may have his or her driving privileges revoked or suspended by the court if the court finds such revocation or suspension warranted by the totality of the circumstances resulting in the conviction and the need to provide for the maximum safety for all persons who travel on or who are otherwise affected by the use of the highways of the state. In determining whether suspension or revocation is appropriate, the court shall consider all pertinent factors, including, but not limited to, such factors as the extent and nature of the driver’s violation of this chapter, the number of persons killed or injured as the result of the driver’s violation of this chapter, and the extent of any property damage resulting from the driver’s violation of this chapter.
History.—s. 1, ch. 71-135; s. 2, ch. 74-377; ss. 1, 4, ch. 76-31; s. 1, ch. 77-174; s. 3, ch. 77-456; s. 15, ch. 81-218; s. 6, ch. 83-218; s. 20, ch. 84-359; s. 3, ch. 85-87; s. 18, ch. 86-296; s. 1, ch. 87-246; s. 8, ch. 87-270; s. 2, ch. 87-378; s. 6, ch. 92-165; s. 65, ch. 94-209; s. 11, ch. 94-306; s. 906, ch. 95-148; s. 8, ch. 95-247; s. 26, ch. 95-267; s. 40, ch. 96-350; s. 45, ch. 97-300; s. 15, ch. 2012-181.
Note.—Former s. 316.026.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.656 - Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.

316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense.—
(1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193, for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide.
(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person charged under the provisions of this act who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood or breath alcohol content by weight of 0.15 percent or more.
(b) No trial judge may accept a plea of guilty to a lesser offense from a person charged with a violation of s. 316.193(3), manslaughter resulting from the operation of a motor vehicle, or vehicular homicide.
History.—s. 8, ch. 74-384; s. 1, ch. 77-174; s. 13, ch. 82-155; s. 10, ch. 83-228; s. 19, ch. 86-296; s. 5, ch. 91-255; s. 6, ch. 2005-119; s. 13, ch. 2008-176.
Note.—Former s. 322.281.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.660 - Disposition of Fines and Forfeitures Collected for Violations; Reporting Requirement.

316.660 Disposition of fines and forfeitures collected for violations; reporting requirement.—
(1) Except as otherwise provided by law, all fines and forfeitures received by any county court from violations of any of the provisions of this chapter, or from violations of any ordinances adopting matter covered by this chapter, must be paid and distributed as provided in s. 318.21.
(2) If the total revenue from traffic citations that a county or municipality receives in a fiscal year exceeds 33 percent of the total expenses that the county or municipality incurs to operate a law enforcement agency in the same fiscal year, the county or municipality shall submit a report to the Legislative Auditing Committee detailing its total revenue from traffic citations and its total expenses for law enforcement within 6 months after the end of the fiscal year.
History.—s. 1, ch. 72-69; s. 1, ch. 76-31; s. 4, ch. 79-246; s. 2, ch. 80-179; s. 1, ch. 83-319; s. 3, ch. 85-255; s. 4, ch. 86-154; s. 1, ch. 88-73; s. 3, ch. 92-194; s. 18, ch. 93-164; s. 34, ch. 94-306; s. 88, ch. 95-143; s. 41, ch. 96-350; s. 2, ch. 2015-15.
Note.—Former s. 316.0261.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.70 - Nonpublic Sector Buses; Safety Rules.

316.70 Nonpublic sector buses; safety rules.—
(1) All owners and drivers of nonpublic sector buses operated on the public highways of this state are subject to the rules and regulations contained in 49 C.F.R. parts 382, 385, and 390-397 to ensure that:
(a) Nonpublic sector buses are safely maintained, equipped, and operated.
(b) Nonpublic sector buses are carrying the insurance required by law and carrying liability insurance on the checked baggage of passengers not to exceed the standard adopted by the United States Department of Transportation.
(c) Florida license tags are purchased for nonpublic sector buses pursuant to s. 320.38.
(2) Department of Highway Safety and Motor Vehicles personnel may conduct compliance reviews for the purpose of determining compliance with this section. A civil penalty may be assessed against any person who violates any provision of this section or who violates any rule or order of the department found during a compliance review as provided in s. 316.3025. A motor carrier may be enjoined from operation pursuant to s. 316.3026 for violations found during a compliance review. Motor carriers found to be operating without insurance coverage required by s. 627.742 or 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
(3) For the purpose of enforcing this section, any law enforcement officer of the Department of Highway Safety and Motor Vehicles or a duly appointed agent of the department who holds a current safety inspector certification from the Commercial Vehicle Safety Alliance may require the driver of any nonpublic sector bus operated on the highways of this state to stop and submit to an inspection of the vehicle or the driver’s records. If the vehicle is being operated or the driver is operating the vehicle in an unsafe condition, or if any required part or equipment is not present or is not in proper repair or adjustment, and the continued operation would be unduly hazardous, the officer or agent may require the vehicle or the driver to be removed from service pursuant to the North American Standard Out-of-Service Criteria until all safety concerns are corrected. However, if continuous operation would not be unduly hazardous, the officer or agent may give written notice requiring correction of the condition within 15 days after the inspection.
(4) School buses subject to chapter 1006 or s. 316.615 are exempt from this section.
History.—ss. 2, 7, ch. 81-209; s. 9, ch. 87-270; s. 9, ch. 95-247; s. 246, ch. 99-248; s. 960, ch. 2002-387; s. 1, ch. 2003-90; s. 20, ch. 2003-286; s. 71, ch. 2016-239; s. 3, ch. 2021-187.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.72 - Buses Simulating School Buses in Color and Insignia; Conditions of Use.

316.72 Buses simulating school buses in color and insignia; conditions of use.—
(1) It shall be unlawful for any person, except a governmental unit or agency operating as provided by law, to use on the public highways of the state any bus of an orange or yellow color known as “school bus chrome,” or any color purporting to resemble the color of a school bus, for any purpose other than to transport persons to and from educational or recreational facilities or institutions or to and from events or activities which are sponsored, financed, or supervised by educational, recreational, religious, or charitable organizations. When said vehicle has ceased to be so used, or is used for the transportation of passengers other than for said purpose, its use shall be unlawful unless and until said bus has been changed from said colors to some other color by repainting and unless and until all signs and insignia which mark or designate it as a school bus have been removed therefrom. However, in school districts contracting for buses from an outside source or in school districts operating specially designed or equipped buses for the transporting of the handicapped, those buses may be used on a temporary or irregular basis to transport persons to and from facilities or activities not specified in this subsection within the county with the express consent of the school board.
(2) Any educational, recreational, religious, or charitable organization may own, operate, rent, or lease any bus which has been painted the orange or yellow color known as “school bus chrome” and which has been equipped with the signs, lights, insignia, and other features which normally characterize a school bus, as defined in s. 1006.25, consistent with the provisions of this section.
(3) Any person violating any provision hereof shall be deemed guilty of a misdemeanor.
(4) Any county or municipal ordinance contrary to the provisions of this section is hereby repealed.
History.—ss. 1, 2, 3, ch. 57-280; s. 5, ch. 61-459; s. 96, ch. 65-239; s. 106, ch. 72-106; s. 13, ch. 75-284; s. 2, ch. 78-104; s. 1, ch. 80-265; s. 40, ch. 97-190; s. 961, ch. 2002-387.
Note.—Former s. 234.041.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.75 - School Crossing Guards.

316.75 School crossing guards.—The Department of Transportation shall adopt uniform guidelines for the training of school crossing guards. Each local governmental entity administering a school crossing guard program shall provide a training program for school crossing guards according to the uniform guidelines. Successful completion of the training program shall be required of each school guard except:
(1) A person who received equivalent training during employment as a law enforcement officer.
(2) A person who receives less than $5,000 in annual compensation in a county with a population of less than 75,000.
(3) A student who serves in a school patrol.
School crossing guard training programs may be made available to nonpublic schools upon contract.
History.—s. 2, ch. 92-194; s. 42, ch. 97-190.
Note.—Former s. 234.302.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.80 - Unlawful Conveyance of Fuel; Obtaining Fuel Fraudulently.

316.80 Unlawful conveyance of fuel; obtaining fuel fraudulently.—
(1) It is unlawful for any person to maintain, or possess any conveyance or vehicle that is equipped with, fuel tanks, bladders, drums, or other containers that do not conform to 49 C.F.R. or have not been approved by the United States Department of Transportation for the purpose of hauling, transporting, or conveying motor or diesel fuel over any public highway. Any person who violates any provision of this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and, in addition, is subject to the revocation of driver license privileges as provided in s. 322.26.
(2) A person who violates subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if he or she has attempted to or has fraudulently obtained motor or diesel fuel by:
(a) Presenting a credit card or a credit card account number in violation of ss. 817.57-817.685;
(b) Using unauthorized access to any computer network in violation of s. 815.06; or
(c) Using a fraudulently scanned or lost or stolen payment access device, whether credit card or contactless device.
(3) All conveyances or vehicles, fuel tanks, related fuel, and other equipment described in subsection (1) shall be subject to seizure and forfeiture as provided by the Florida Contraband Forfeiture Act.
(4) The law enforcement agency that seizes the motor or diesel fuel under this section shall remove and reclaim, recycle, or dispose of all associated motor or diesel fuel as soon as practicable in a safe and proper manner from the illegal containers.
(5) Upon conviction of the person arrested for the violation of any of the provisions of this section, the judge shall issue an order adjudging and declaring that all fuel tanks and other equipment used in violation of this section shall be forfeited and directing their destruction, with the exception of the conveyance or vehicle.
(6) Any person convicted of a violation of this section shall be responsible for:
(a) All reasonable costs incurred by the investigating law enforcement agency, including costs for the towing and storage of the conveyance or vehicle, the removal and disposal of the motor or diesel fuel, and the storage and destruction of all fuel tanks and other equipment described and used in violation of subsection (1); and
(b) Payment for the fuel to the party from whom any associated motor or diesel fuel was fraudulently obtained.
(7) This section does not apply to containers of 8 gallons or less.
History.—s. 71, ch. 2002-20; s. 1, ch. 2016-173; s. 111, ch. 2019-167.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.83 - Autonomous Vehicle Grading Standards for Roads on State Highway System.

316.83 Autonomous vehicle grading standards for roads on State Highway System.—The Department of Transportation shall coordinate with federal, regional, and local partners, as well as industry representatives, to establish standards by which roads on the State Highway System shall be graded according to their compatibility with the operation of autonomous vehicles. In establishing such standards, the department shall consider factors including, but not limited to, the structural adequacy and safety of each road and the particular challenges that the overall driving environment of each road may present to a fully autonomous vehicle operating with the automated driving system engaged. Autonomous vehicle grading standards established pursuant to this section shall be incorporated into standards for transportation projects involving the construction of new roads or maintenance of existing roads on the State Highway System.
History.—s. 3, ch. 2023-197.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.86 - Exemption From Liability for Manufacturer When Third Party Converts Vehicle.

316.86 Exemption from liability for manufacturer when third party converts vehicle.—The original manufacturer of a vehicle converted by a third party into an autonomous vehicle is not liable in, and shall have a defense to and be dismissed from, any legal action brought against the original manufacturer by any person injured due to an alleged vehicle defect caused by the conversion of the vehicle, or by equipment installed by the converter, unless the alleged defect was present in the vehicle as originally manufactured.
History.—s. 5, ch. 2012-111; s. 109, ch. 2012-174; s. 15, ch. 2014-216; s. 8, ch. 2016-181; s. 13, ch. 2016-239.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 316 - State Uniform Traffic Control › 316.87 - Nonemergency Medical Transportation Services.

316.87 Nonemergency medical transportation services.—
(1) To ensure the availability of nonemergency medical transportation services throughout the state, a provider licensed by the county or operating under a permit issued by the county may not be required to use a vehicle that is larger than needed to transport the number of persons being transported or that is inconsistent with the medical condition of the individuals receiving the nonemergency medical transportation services. This subsection does not apply to the procurement, contracting, or provision of paratransit transportation services, directly or indirectly, by a county or an authority, pursuant to the Americans with Disabilities Act of 1990, as amended.
(2) Subject to compliance with state and federal Medicaid requirements, a transportation network company that:
(a) Is under contract with a Medicaid managed care plan;
(b) Is under contract with a transportation broker under contract with a Medicaid managed care plan;
(c) Is under contract with a transportation broker under contract with the Agency for Health Care Administration; or
(d) Receives referrals from a transportation broker under contract with a Medicaid managed care plan or the Agency for Health Care Administration,
may provide nonemergency medical transportation services under ss. 409.905 and 409.973 to a Medicaid recipient if all drivers and prospective drivers are screened pursuant to the procedures set forth in s. 435.03 or functionally equivalent procedures, as determined by the Agency for Health Care Administration. By October 1, 2019, the Agency for Health Care Administration shall update its regulations, policies, or other guidance, including its Medicaid Non-Emergency Transportation Services Coverage Policy, as necessary, to reflect this authorization. Requirements for transportation network companies and transportation network company drivers may not exceed those imposed under s. 627.748, except as necessary to conform to other applicable state and federal Medicaid transportation requirements administered by the Agency for Health Care Administration.
(3) Subsection (2) may not be construed to:
(a) Expand or limit the transportation benefits provided to Medicaid recipients or to require a Medicaid managed care plan to contract with a transportation network company or transportation broker.
(b) Exempt any person, firm, corporation, association, or governmental entity that engages in the business or service of providing advanced life support or basic life support transportation services from the licensure requirements provided in s. 401.25.
History.—s. 56, ch. 2016-239; s. 1, ch. 2019-72.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0002 - Legislative Intent.

317.0002 Legislative intent.—It is the intent of the Legislature that all off-highway vehicles purchased after the effective date of this act and all off-highway vehicles operated on public lands be titled and issued a certificate of title to allow for easy determination of ownership.
History.—s. 56, ch. 2002-295.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0003 - Definitions.

317.0003 Definitions.—As used in this chapter, the term:
(1) “ATV” means any motorized off-highway or all-terrain vehicle 55 inches or less in width which has a dry weight of 1,500 pounds or less, is designed to travel on three or more nonhighway tires, and is manufactured for recreational use by one or more persons.
(2) “Dealer” means any person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute off-highway vehicles. Such person must have a valid sales tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county, municipality, or political subdivision of the state in which the person operates.
(3) “Department” means the Department of Highway Safety and Motor Vehicles.
(4) “Florida resident” means a person who has had a principal place of domicile in this state for a period of more than 6 consecutive months, who has registered to vote in this state, who has made a statement of domicile pursuant to s. 222.17, or who has filed for homestead tax exemption on property in this state.
(5) “OHM” or “off-highway motorcycle” means any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped.
(6) “Off-highway vehicle” means any ATV, two-rider ATV, ROV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use pursuant to chapter 320.
(7) “Owner” means a person, other than a lienholder, having the property in or title to an off-highway vehicle, including a person entitled to the use or possession of an off-highway vehicle subject to an interest held by another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.
(8) “Public lands” means lands within the state that are available for public use and that are owned, operated, or managed by a federal, state, county, or municipal governmental entity.
(9) “ROV” means any motorized recreational off-highway vehicle 80 inches or less in width which has a dry weight of 3,500 pounds or less, is designed to travel on four or more nonhighway tires, and is manufactured for recreational use by one or more persons. The term does not include a golf cart as defined in ss. 316.003 and 320.01 or a low-speed vehicle as defined in s. 320.01.
(10) “Two-rider ATV” means any ATV that is specifically designed by the manufacturer for a single operator and one passenger.
History.—s. 57, ch. 2002-295; s. 43, ch. 2005-164; s. 3, ch. 2009-137; s. 2, ch. 2010-198; s. 43, ch. 2010-223; s. 83, ch. 2013-160; s. 4, ch. 2014-187; s. 3, ch. 2019-19; s. 2, ch. 2022-93.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0004 - Administration of Off-Highway Vehicle Titling Laws; Records.

317.0004 Administration of off-highway vehicle titling laws; records.—
(1) The administration of off-highway vehicle titling laws in this chapter is under the Department of Highway Safety and Motor Vehicles, which shall provide for the issuing, handling, and recording of all off-highway vehicle titling applications and certificates, including the receipt and accounting of off-highway vehicle titling fees. The provisions of chapter 319 are applicable to this chapter, unless otherwise explicitly stated.
(2) The department shall keep records and perform other clerical duties pertaining to off-highway vehicle titling as required.
History.—s. 58, ch. 2002-295; s. 44, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0005 - Forms and Notices.

317.0005 Forms and notices.—The department shall prescribe and provide suitable forms for applications and other notices and forms necessary to administer the provisions of this chapter.
History.—s. 59, ch. 2002-295; s. 45, ch. 2005-164; s. 26, ch. 2013-18.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0006 - Certificate of Title Required.

317.0006 Certificate of title required.—
(1) Any off-highway vehicle that is purchased by a resident of this state after the effective date of this act or that is owned by a resident and is operated on the public lands of this state must be titled pursuant to this chapter.
(2) A person may not sell, assign, or transfer an off-highway vehicle titled by the state without delivering to the purchaser or transferee a valid certificate of title with an assignment on it showing the transfer of title to the purchaser or transferee. A person may not purchase or otherwise acquire an off-highway vehicle required to be titled without obtaining a certificate of title for the vehicle in his or her name. The purchaser or transferee shall, within 30 days after a change in off-highway vehicle ownership, file an application for a title transfer with the county tax collector. An additional $10 fee shall be charged against a purchaser or transferee who files a title transfer application after the 30-day period. The county tax collector may retain $5 of the additional amount.
(3) A certificate of title is prima facie evidence of the ownership of the off-highway vehicle and is good for the life of the off-highway vehicle so long as the certificate is owned or held by the legal holder. If a titled off-highway vehicle is destroyed or abandoned, the owner, with the consent of any recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to the department all title documents for cancellation.
(4) The department shall provide labeled places on the title where the seller’s price shall be indicated when an off-highway vehicle is sold and where a selling dealer shall record his or her valid sales tax certificate of registration number.
(5)(a) There shall be a service charge of $4.25 for each application that is handled in connection with the issuance, duplication, or transfer of any certificate of title. There shall be a service charge of $1.25 for each application that is handled in connection with the recording or notation of a lien on an off-highway vehicle that is not in connection with the purchase of such vehicle.
(b) The service charges specified in paragraph (a) shall be collected by the department on any application handled directly from its office. Otherwise, these service charges shall be collected and retained by the tax collector who handles the application.
(c) In addition to the fees provided in paragraph (a), any tax collector may impose an additional service charge of not more than 50 cents on any transaction specified in paragraph (a) when such transaction occurs at any tax collector’s branch office.
History.—s. 60, ch. 2002-295; s. 46, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0007 - Application for and Issuance of Certificate of Title.

317.0007 Application for and issuance of certificate of title.—
(1) The owner of an off-highway vehicle that is required to be titled must apply to the county tax collector for a certificate of title. The application must include the true name of the owner, the residence or business address of the owner, and a complete description of the off-highway vehicle. The application must be signed by the owner and must be accompanied by a fee of $29.
(2) The owner must establish proof of ownership by submitting with the application an executed bill of sale, a manufacturer’s statement of origin, an affidavit of ownership for off-highway vehicles purchased before the effective date of this act, or any other document acceptable to the department.
(3) To apply for a certificate of title upon transfer of ownership of an off-highway vehicle, the new owner must surrender to the department the last title document issued for that vehicle. The document must be properly executed. Proper execution includes the previous owner’s signature and certification that the off-highway vehicle to be transferred is debt-free or is subject to a lien. If a lien exists, the previous owner must furnish the new owner, on forms supplied by the department, the names and addresses of all lienholders and the dates of all liens, with a statement from each lienholder that the lienholder has knowledge of and consents to the transfer of title to the new owner.
(4) An application for an initial certificate of title or a title transfer must include payment of the applicable state sales tax or proof of payment of such tax, except for off-highway vehicles purchased or transferred before the effective date of this act.
(5) If the owner submits a complete application and complies with all other requirements of this section, the department shall issue a certificate of title that states that the title is for an off-highway vehicle that is not suitable for highway use. After October 1, 2003, the department shall also issue a copy of the guidebook prepared by the Department of Agriculture and Consumer Services pursuant to s. 261.07.
(6) In addition to a certificate of title, the department may issue a validation sticker to be placed on the off-highway vehicle as proof of the issuance of title required pursuant to s. 317.0006(1). A validation sticker that is lost or destroyed may, upon application, be replaced by the department or county tax collector. The department and county tax collector may charge and deposit the fees established in ss. 320.03(5), 320.031, and 320.04 for all original and replacement decals.
History.—s. 61, ch. 2002-295; s. 47, ch. 2005-164.