Announcement

Collapse
No announcement yet.

Look here before you ask......it could already be answered

Collapse
This is a sticky topic.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #16
    316.126 Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.--
    (1)(a) Upon the immediate approach of an authorized emergency vehicle, while en route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by any law enforcement officer.
    (b) When an authorized emergency vehicle making use of any visual signals is parked, the driver of every other vehicle, as soon as it is safe:
    1. Shall vacate the lane closest to the emergency vehicle when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle, except when otherwise directed by a law enforcement officer.
    2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.
    .

    316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

    316.191 - Street racing penalties -
    First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
    Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
    Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
    Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

    Comment


    • #17
      WEAPON/GUN RELATED QUESTIONS:

      790.001 Definitions.--As used in this chapter, except where the context otherwise requires:

      (1) "Antique firearm" means any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

      (2) "Concealed firearm" means any firearm, as defined in subsection (6), which is carried on or about a person in such a manner as to conceal the firearm from the ordinary sight of another person.

      (3)(a) "Concealed weapon" means any dirk, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person.

      (b) "Tear gas gun" or "chemical weapon or device" means any weapon of such nature, except a device known as a "self-defense chemical spray." "Self-defense chemical spray" means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical.

      (4) "Destructive device" means any bomb, grenade, mine, rocket, missile, pipebomb, or similar device containing an explosive, incendiary, or poison gas and includes any frangible container filled with an explosive, incendiary, explosive gas, or expanding gas, which is designed or so constructed as to explode by such filler and is capable of causing bodily harm or property damage; any combination of parts either designed or intended for use in converting any device into a destructive device and from which a destructive device may be readily assembled; any device declared a destructive device by the Bureau of Alcohol, Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be converted to expel a projectile by the action of any explosive and which has a barrel with a bore of one-half inch or more in diameter; and ammunition for such destructive devices, but not including shotgun shells or any other ammunition designed for use in a firearm other than a destructive device. "Destructive device" does not include:

      (a) A device which is not designed, redesigned, used, or intended for use as a weapon;

      (b) Any device, although originally designed as a weapon, which is redesigned so that it may be used solely as a signaling, line-throwing, safety, or similar device;

      (c) Any shotgun other than a short-barreled shotgun; or

      (d) Any nonautomatic rifle (other than a short-barreled rifle) generally recognized or particularly suitable for use for the hunting of big game.

      (5) "Explosive" means any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame, or shock, including but not limited to dynamite, nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients to form an explosive mixture, blasting caps, and detonators; but not including:

      (a) Shotgun shells, cartridges, or ammunition for firearms;

      (b) Fireworks as defined in s. 791.01;

      (c) Smokeless propellant powder or small arms ammunition primers, if possessed, purchased, sold, transported, or used in compliance with s. 552.241;

      (d) Black powder in quantities not to exceed that authorized by chapter 552, or by any rules adopted thereunder by the Department of Financial Services, when used for, or intended to be used for, the manufacture of target and sporting ammunition or for use in muzzle-loading flint or percussion weapons.

      The exclusions contained in paragraphs (a)-(d) do not apply to the term "explosive" as used in the definition of "firearm" in subsection (6).

      (6) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.

      (7) "Indictment" means an indictment or an information in any court under which a crime punishable by imprisonment for a term exceeding 1 year may be prosecuted.

      (8) "Law enforcement officer" means:

      (a) All officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, who have authority to make arrests;

      (b) Officers or employees of the United States or the State of Florida, or any agency, commission, department, board, division, municipality, or subdivision thereof, duly authorized to carry a concealed weapon;

      (c) Members of the Armed Forces of the United States, the organized reserves, state militia, or Florida National Guard, when on duty, when preparing themselves for, or going to or from, military duty, or under orders;

      (d) An employee of the state prisons or correctional systems who has been so designated by the Department of Corrections or by a warden of an institution;

      (e) All peace officers;

      (f) All state attorneys and United States attorneys and their respective assistants and investigators.

      (9) "Machine gun" means any firearm, as defined herein, which shoots, or is designed to shoot, automatically more than one shot, without manually reloading, by a single function of the trigger.

      (10) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

      (11) "Short-barreled rifle" means a rifle having one or more barrels less than 16 inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon as modified has an overall length of less than 26 inches.

      (12) "Slungshot" means a small mass of metal, stone, sand, or similar material fixed on a flexible handle, strap, or the like, used as a weapon.

      (13) "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

      (14) "Electric weapon or device" means any device which, through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.

      (15) "Dart-firing stun gun" means any device having one or more darts that are capable of delivering an electrical current.

      (16) "Readily accessible for immediate use" means that a firearm or other weapon is carried on the person or within such close proximity and in such a manner that it can be retrieved and used as easily and quickly as if carried on the person.

      (17) "Securely encased" means in a glove compartment, whether or not locked; snapped in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed box or container which requires a lid or cover to be opened for access.

      (18) "Sterile area" means the area of an airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs.

      (19) "Ammunition" means an object consisting of all of the following:

      (a) A fixed metallic or nonmetallic hull or casing containing a primer.

      (b) One or more projectiles, one or more bullets, or shot.

      (c) Gunpowder.

      All of the specified components must be present for an object to be ammunition.



      790.10 Improper exhibition of dangerous weapons or firearms.--If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

      790.053 Open carrying of weapons.--

      (1) Except as otherwise provided by law and in subsection (2), it is unlawful for any person to openly carry on or about his or her person any firearm or electric weapon or device.

      (2) A person may openly carry, for purposes of lawful self-defense:

      (a) A self-defense chemical spray.

      (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

      (3) Any person violating this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

      790.01 Carrying concealed weapons.--

      (1) Except as provided in subsection (4), a person who carries a concealed weapon or electric weapon or device on or about his or her person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

      (2) A person who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

      (3) This section does not apply to a person licensed to carry a concealed weapon or a concealed firearm pursuant to the provisions of s. 790.06.

      (4) It is not a violation of this section for a person to carry for purposes of lawful self-defense, in a concealed manner:

      (a) A self-defense chemical spray.

      (b) A nonlethal stun gun or dart-firing stun gun or other nonlethal electric weapon or device that is designed solely for defensive purposes.

      (5) This section does not preclude any prosecution for the use of an electric weapon or device, a dart-firing stun gun, or a self-defense chemical spray during the commission of any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other criminal offense.
      .

      316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

      316.191 - Street racing penalties -
      First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
      Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
      Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
      Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

      Comment


      • #18
        777.201 entrapment.--

        (1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

        (2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.
        .

        316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

        316.191 - Street racing penalties -
        First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
        Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
        Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
        Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

        Comment


        • #19
          STREET RACING

          316.191 Racing on highways.--
          (1) As used in this section, the term:
          (a) "Drag race" is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
          (b) "Racing" is defined as the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.
          (2)(a) A person may not drive any vehicle, including any motorcycle, in any race; speed competition or contest; drag race or acceleration contest; test of physical endurance; exhibition of speed or acceleration; or for the purpose of making a speed record on any highway, roadway, or parking lot, and a person may not in any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race; ride as a passenger in; or purposefully cause the movement of traffic to slow or stop for, any such race, competition, contest, test, or exhibition. Any person who violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates this paragraph shall pay a fine of not less than $250 and not more than $500, and the department shall revoke the driver license of a person so convicted for 1 year. A hearing may be requested pursuant to s. 322.271.
          (b) Any person who violates paragraph (a) within 5 years after the date of a prior violation that resulted in a conviction for a violation of this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $500 and not more than $1,000. The department shall also revoke the driver license of that person for 2 years. A hearing may be requested pursuant to s. 322.271.
          (c) In any case charging a violation of paragraph (a), the court shall be provided a copy of the driving record of the person charged and may obtain any records from any other source to determine if one or more prior convictions of the person for violation of paragraph (a) have occurred within 5 years prior to the charged offense.
          (3) Whenever a law enforcement officer determines that a person was engaged in a drag race or race, as described in subsection (1), the officer may immediately arrest and take such person into custody. The court may enter an order of impoundment or immobilization as a condition of incarceration or probation. Within 7 business days after the date the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle.
          (a) Notwithstanding any provision of law to the contrary, the impounding agency shall release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h), if the owner or agent presents a valid driver license at the time of pickup of the vehicle.
          (b) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented, by the person leasing or renting the vehicle, unless the impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall apply.
          (4) This section does not apply to licensed or duly authorized racetracks, drag strips, or other designated areas set aside by proper authorities for such purposes.
          .

          316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

          316.191 - Street racing penalties -
          First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
          Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
          Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
          Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

          Comment


          • #20
            316.192 Reckless driving.--
            (1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
            (2) Except as provided in subsection (3), any person convicted of reckless driving shall be punished:
            (a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
            (b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
            (3) Any person:
            (a) Who is in violation of subsection (1);
            (b) Who operates a vehicle; and
            (c) Who, by reason of such operation, causes:
            1. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
            2. Serious bodily injury to another commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The term "serious bodily injury" means an injury to another person, which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
            (4) Notwithstanding any other provision of this section, $5 shall be added to a fine imposed pursuant to this section. The clerk shall remit the $5 to the Department of Revenue for deposit in the Emergency Medical Services Trust Fund.
            (5) In addition to any other penalty provided under this section, if the court has reasonable cause to believe that the use of alcohol, chemical substances set forth in s. 877.111, or substances controlled under chapter 893 contributed to a violation of this section, the court shall direct the person so convicted to complete a DUI program substance abuse education course and evaluation as provided in s. 316.193(5) within a reasonable period of time specified by the court. If the DUI program conducting such course and evaluation refers the person to an authorized substance abuse treatment provider for substance abuse evaluation and treatment, the directive of the court requiring completion of such course, evaluation, and treatment shall be enforced as provided in s. 322.245. The referral to treatment resulting from the DUI program evaluation may not be waived without a supporting independent psychosocial evaluation conducted by an authorized substance abuse treatment provider, appointed by the court, which shall have access to the DUI program psychosocial evaluation before the independent psychosocial evaluation is conducted. The court shall review the results and recommendations of both evaluations before determining the request for waiver. The offender shall bear the full cost of this procedure. If a person directed to a DUI program substance abuse education course and evaluation or referred to treatment under this subsection fails to report for or complete such course, evaluation, or treatment, the DUI program shall notify the court and the department of the failure. Upon receipt of such notice, the department shall cancel the person's driving privilege, notwithstanding the terms of the court order or any suspension or revocation of the driving privilege. The department may reinstate the driving privilege upon verification from the DUI program that the education, evaluation, and treatment are completed. The department may temporarily reinstate the driving privilege on a restricted basis upon verification that the offender is currently participating in treatment and has completed the DUI education course and evaluation requirement. If the DUI program notifies the department of the second failure to complete treatment, the department shall reinstate the driving privilege only after notice of successful completion of treatment from the DUI program.
            .

            316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

            316.191 - Street racing penalties -
            First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
            Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
            Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
            Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

            Comment


            • #21
              316.1923 Aggressive careless driving.--"Aggressive careless driving" means committing two or more of the following acts simultaneously or in succession:
              (1) Exceeding the posted speed as defined in s. 322.27(3)(d)5.b.
              (2) Unsafely or improperly changing lanes as defined in s. 316.085.
              (3) Following another vehicle too closely as defined in s. 316.0895(1).
              (4) Failing to yield the right-of-way as defined in s. 316.079, s. 316.0815, or s. 316.123.
              (5) Improperly passing as defined in s. 316.083, s. 316.084, or s. 316.085.
              (6) Violating traffic control and signal devices as defined in ss. 316.074 and 316.075.
              .

              316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

              316.191 - Street racing penalties -
              First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
              Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
              Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
              Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

              Comment


              • #22
                316.1925 Careless driving.--
                (1) Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.
                (2) Any person who violates this section shall be cited for a moving violation, punishable as provided in chapter 318.
                .

                316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                316.191 - Street racing penalties -
                First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                Comment


                • #23
                  316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing and eluding.--
                  (1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
                  (2) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
                  (3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle with siren and lights activated, and during the course of the fleeing or attempted eluding drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
                  (4) Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer:
                  (a) Willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer; and
                  (b) As a result of such fleeing or eluding, causes injury to another person or causes damage to any property belonging to another person

                  commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The felony of aggravated fleeing or eluding constitutes a separate offense for which a person may be charged, in addition to the offense of unlawfully leaving the scene of a crash which the person had been in the course of committing or attempting to commit when the order to stop was given.
                  (5) The court may revoke, for a period not to exceed 1 year, the driver's license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).
                  .

                  316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                  316.191 - Street racing penalties -
                  First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                  Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                  Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                  Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                  Comment


                  • #24
                    856.015 Open house parties.--
                    (1) Definitions.--As used in this section:
                    (a) "Alcoholic beverage" means distilled spirits and any beverage containing 0.5 percent or more alcohol by volume. The percentage of alcohol by volume shall be determined in accordance with the provisions of s. 561.01(4)(b).
                    (b) "Control" means the authority or ability to regulate, direct, or dominate.
                    (c) "Drug" means a controlled substance, as that term is defined in ss. 893.02(4) and 893.03.
                    (d) "Minor" means an individual not legally permitted by reason of age to possess alcoholic beverages pursuant to chapter 562.
                    (e) "Open house party" means a social gathering at a residence.
                    (f) "Person" means an individual 18 years of age or older.
                    (g) "Residence" means a home, apartment, condominium, or other dwelling unit.
                    (2) No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.
                    (3) The provisions of this section shall not apply to the use of alcoholic beverages at legally protected religious observances or activities.
                    (4) Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
                    .

                    316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                    316.191 - Street racing penalties -
                    First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                    Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                    Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                    Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                    Comment


                    • #25
                      316.209 Operating motorcycles on roadways laned for traffic.--

                      (1) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

                      (2) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

                      (3) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

                      (4) Motorcycles shall not be operated more than two abreast in a single lane.

                      (5) Subsections (2) and (3) do not apply to police officers or firefighters in the performance of their official duties.

                      (6) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
                      .

                      316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                      316.191 - Street racing penalties -
                      First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                      Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                      Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                      Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                      Comment


                      • #26
                        Lowering Vehicles

                        Vehicle height is not determined by ground clearance, as stated before. However, headlights are used as a determining factor as well as damage caused to the roadway by vehicles that are too low.

                        316.22(2) - HEIGHT - Every headlamp upon every motor vehicle shall be located at a height of not more than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217.

                        316.217(3) - MEASURING Whenever requirement is hereinafter declared as to the mounted height of lamps or devices, it shall mean from the center of such lamp or device to the level ground upon which the vehicle stands when the vehicle is without a load.

                        316.2035 Injurious substances prohibited; dragging vehicle or load; obstructing, digging, etc.--
                        (2) It is unlawful to allow any vehicle or contrivance or any part of same, or any load or portion of a load carried on the same, to drag upon any street or highway.
                        .

                        316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                        316.191 - Street racing penalties -
                        First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                        Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                        Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                        Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                        Comment


                        • #27
                          316.155 When signal required.--

                          (1) No person may turn a vehicle from a direct course or move right or left upon a highway unless and until such movement can be made with reasonable safety, and then only after giving an appropriate signal in the manner hereinafter provided, in the event any other vehicle may be affected by the movement.

                          (2) A signal of intention to turn right or left must be given continuously during not less than the last 100 feet traveled by the vehicle before turning, except that such a signal by hand or arm need not be given continuously by a bicyclist if the hand is needed in the control or operation of the bicycle.

                          (3) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear, when there is opportunity to give such signal.

                          (4) The signals provided for in s. 316.156 shall be used to indicate an intention to turn, to overtake, or to pass a vehicle and may not, except as provided in s. 316.2397, be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear.

                          (5) A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
                          .

                          316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                          316.191 - Street racing penalties -
                          First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                          Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                          Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                          Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                          Comment


                          • #28
                            Emmissions in the State of Florida

                            316.2935 Air pollution control equipment; tampering prohibited; penalty.--

                            (1)(a) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 to offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in Florida that has been tampered with in violation of this section, as determined pursuant to subsection (7). Tampering is defined as the dismantling, removal, or rendering ineffective of any air pollution control device or system which has been installed on a motor vehicle by the vehicle manufacturer except to replace such device or system with a device or system equivalent in design and function to the part that was originally installed on the motor vehicle. All motor vehicles sold, reassigned, or traded to a licensed motor vehicle dealer are exempt from this paragraph.

                            (b) At the time of sale, lease, or transfer of title of a motor vehicle, the seller, lessor, or transferor shall certify in writing to the purchaser, lessee, or transferee that the air pollution control equipment of the motor vehicle has not been tampered with by the seller, lessor, or transferor or their agents, employees, or other representatives. A licensed motor vehicle dealer shall also visually observe those air pollution control devices listed by department rule pursuant to subsection (7), and certify that they are in place, and appear properly connected and undamaged. Such certification shall not be deemed or construed as a warranty that the pollution control devices of the subject vehicle are in functional condition, nor does the execution or delivery of this certification create by itself grounds for a cause of action between the parties to this transaction.

                            (c) All motor vehicles sold, reassigned, or traded by a licensed motor vehicle dealer to a licensed motor vehicle dealer, all new motor vehicles subject to certification under s. 207, Clean Air Act, 42 U.S.C. s. 7541, and all lease agreements for 30 days or less are exempt from this subsection. Also exempt from this subsection are sales of motor vehicles for salvage purposes only.

                            (2) No person shall operate any gasoline-powered motor vehicle, except a motorcycle, moped, scooter, or an imported nonconforming motor vehicle which has received a one-time exemption from federal emission control requirements under 40 C.F.R. 85, subpart P, on the public roads and streets of this state which emits visible emissions from the exhaust pipe for more than a continuous period of 5 seconds, and no person shall operate on the public roads or streets of this state any motor vehicle that has been tampered with in violation of this section, as determined pursuant to subsection (7).

                            (3) No person shall operate on the public roads or streets of this state any diesel-powered motor vehicle which emits visible emissions from the exhaust pipe for more than a continuous period of 5 seconds, except during engine acceleration, engine lugging, or engine deceleration.

                            (4) This section shall be enforced by the Department of Environmental Protection and any law enforcement officer of this state as defined in s. 112.531.

                            (5) Any person who knowingly and willfully violates subsection (1) shall be punished as follows:

                            (a) For a first violation, violators shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except that a motor vehicle dealer shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

                            (b) For a second or subsequent offense, violators, including motor vehicle dealers, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the Department of Highway Safety and Motor Vehicles may temporarily or permanently revoke or suspend the motor vehicle dealer license authorized pursuant to the provisions of s. 320.27.

                            (6) Except as provided in subsection (5), any person who violates subsection (1), subsection (2), or subsection (3) shall be charged with a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. However, the penalty may be reduced if the person committing the violation corrects the violation pursuant to the provisions of s. 316.6105.

                            (7) The Department of Environmental Protection shall adopt rules that define the specific wording of the required certification and the circumstances under which the certificate is not required. In addition, the department shall adopt rules as necessary to conform to requirements of federal law, to establish procedures to determine compliance with this section, including specifying what tampering activities constitute a violation of this section, and to provide for exceptions and waivers. For those rules applicable pursuant to subsection (1) to licensed motor vehicle dealers for certification by visual observation, the air pollution control devices or systems that shall be included in such certification for motor vehicles dated model year 1981 or later are the catalytic converter, fuel inlet restrictor, unvented fuel cap, exhaust gas recirculation system (EGR), air pump and/or air injector system (AIS), and fuel evaporative emissions system (EVP). The department may by rule remove or add devices or systems to this test if justified by developments in air pollution control technology or changes in federal law.


                            Click here to see the Florida Department of Environmental Protection M/V emission rules

                            --------------------------------------------------------------------------------
                            .

                            316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                            316.191 - Street racing penalties -
                            First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                            Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                            Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                            Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                            Comment


                            • #29
                              316.2128 Operation of motorized scooters and miniature motorcycles; requirements for sales.--

                              (1) A person who engages in the business of, serves in the capacity of, or acts as a commercial seller of motorized scooters or miniature motorcycles in this state must prominently display at his or her place of business a notice that such vehicles are not legal to operate on public roads or sidewalks and may not be registered as motor vehicles. The required notice must also appear in all forms of advertising offering motorized scooters or miniature motorcycles for sale. The notice and a copy of this section must also be provided to a consumer prior to the consumer's purchasing or becoming obligated to purchase a motorized scooter or a miniature motorcycle.

                              (2) Any person selling or offering a motorized scooter or a miniature motorcycle for sale in violation of this subsection commits an unfair and deceptive trade practice as defined in part II of chapter 501.
                              .

                              316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                              316.191 - Street racing penalties -
                              First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                              Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                              Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                              Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                              Comment


                              • #30
                                316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.--

                                (1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:

                                (a) Plainly audible at a distance of 25 feet or more from the motor vehicle; or

                                (b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.

                                (2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures.

                                (3) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from regulating the time and manner in which such business may be operated.

                                (4) The provisions of this section do not apply to the noise made by a horn or other warning device required or permitted by s. 316.271. The Department of Highway Safety and Motor Vehicles shall promulgate rules defining "plainly audible" and establish standards regarding how sound should be measured by law enforcement personnel who enforce the provisions of this section.

                                (5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
                                .

                                316.126 - MOVE OVER - When approaching an emergency vehicle or wrecker on the roadside you shall: vacate the lane closest to the emergency vehicle/wrecker or slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road

                                316.191 - Street racing penalties -
                                First time caught; misdemeanor of the first degree, pay a fine of not less than $500 and not more than $1,000, and the department shall revoke the driver license of a person so convicted for 1 year.
                                Second time caught; misdemeanor of the first degree, pay a fine of not less than $1,000 and not more than $3,000, revoke the driver license of that person for 2 years.
                                Third time caught; commits a misdemeanor of the first degree, pay a fine of not less than $2,000 and not more than $5,000, revoke the driver license of that person for 4 years.
                                Any motor vehicle used in violation of subsection (2) by any person within 5 years after the date of a prior conviction of that person for a violation under subsection (2) may be seized and forfeited as provided by the Florida Contraband Forfeiture Act.

                                Comment

                                Working...
                                X