Bill Text: FL S1104 | 2018 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Messages [S1104 Detail]
Download: Florida-2018-S1104-Comm_Sub.html
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Messages [S1104 Detail]
Download: Florida-2018-S1104-Comm_Sub.html
Florida Senate - 2018 CS for SB 1104 By the Committee on Transportation; and Senator Brandes 596-02193-18 20181104c1 1 A bill to be entitled 2 An act relating to commercial motor vehicles; amending 3 s. 316.003, F.S.; deleting the term “driver-assistive 4 truck platooning technology”; defining the term 5 “platoon”; repealing s. 316.0896, F.S., relating to 6 the assistive truck platooning technology pilot 7 project; creating s. 316.0897, F.S.; exempting the 8 operator of a non-lead vehicle in a platoon from a 9 specified provision; authorizing a platoon to be 10 operated on a roadway in this state after an operator 11 provides notification to the Department of 12 Transportation and the Department of Highway Safety 13 and Motor Vehicles; amending s. 316.302, F.S.; 14 revising regulations to which owners and drivers of 15 commercial motor vehicles are subject; delaying the 16 requirement for electronic logging devices and support 17 documents for certain intrastate motor carriers; 18 deleting a limitation on a civil penalty for 19 falsification of certain time records; deleting a 20 requirement that a motor carrier maintain certain 21 documentation of driving times; providing an exemption 22 from specified provisions for a person who operates a 23 commercial motor vehicle with a certain gross vehicle 24 weight, gross vehicle weight rating, and gross 25 combined weight rating; deleting the exemption from 26 such provisions for a person transporting petroleum 27 products; amending s. 316.303, F.S.; conforming a 28 provision to changes made by the act; amending s. 29 320.01, F.S.; revising the definition of the term 30 “apportionable vehicle”; amending s. 320.06, F.S.; 31 requiring a vehicle that has an apportioned 32 registration to be issued, before a specified date, an 33 annual license plate and a cab card denoting the 34 declared gross vehicle weight; providing requirements, 35 beginning on a specified date, for license plates, cab 36 cards, and validation stickers for vehicles registered 37 in accordance with the International Registration 38 Plan; providing a specified fee for initial and 39 renewed validation stickers; requiring the fee to be 40 deposited into the Highway Safety Operating Trust 41 Fund; authorizing a damaged or worn license plate to 42 be replaced at no charge under certain circumstances; 43 providing an exception to the design of dealer license 44 plates for specialty license plates; amending s. 45 320.0607, F.S.; providing an exemption, beginning on a 46 specified date, from a certain fee for vehicles 47 registered under the International Registration Plan; 48 amending s. 320.0657, F.S.; providing an exception to 49 the design of fleet license plates for specialty 50 license plates; authorizing fleet companies to 51 purchase specialty license plates in lieu of the 52 standard fleet license plates for additional specified 53 fees; requiring fleet companies to be responsible for 54 all costs associated with the specialty license plate; 55 amending s. 320.08, F.S.; authorizing dealers to 56 purchase specialty license plates in lieu of the 57 standard graphic dealer license plates for additional 58 specified fees; requiring dealers to be responsible 59 for all costs associated with the specialty license 60 plate; amending s. 320.08056, F.S.; allowing the 61 Department of Highway Safety and Motor Vehicles to 62 authorize dealer and fleet specialty license plates; 63 authorizing a dealer or fleet company to purchase 64 specialty license plates to be used on dealer and 65 fleet vehicles with the permission of the sponsoring 66 specialty license plate organization; requiring a 67 dealer or fleet specialty license plate to include 68 specified letters on the right side of the license 69 plate; requiring dealer and fleet specialty license 70 plates to be ordered directly through the department; 71 amending s. 320.131, F.S.; authorizing, beginning on a 72 specified date, the department to partner with a 73 county tax collector to conduct a Fleet Vehicle 74 Temporary Tag pilot program, subject to certain 75 requirements; providing for future repeal; amending s. 76 812.014, F.S.; providing a criminal penalty for an 77 offender committing grand theft who uses a device to 78 interfere with a global positioning or similar system; 79 providing an effective date. 80 81 Be It Enacted by the Legislature of the State of Florida: 82 83 Section 1. Present subsection (20) is amended, present 84 subsections (21) through (52) of section 316.003, Florida 85 Statutes, are renumbered as subsections (20) through (51), 86 respectively, and a new subsection (52) is added to that 87 section, to read: 88 316.003 Definitions.—The following words and phrases, when 89 used in this chapter, shall have the meanings respectively 90 ascribed to them in this section, except where the context 91 otherwise requires: 92(20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle93automation and safety technology that integrates sensor array,94wireless vehicle-to-vehicle communications, active safety95systems, and specialized software to link safety systems and96synchronize acceleration and braking between two vehicles while97leaving each vehicle’s steering control and systems command in98the control of the vehicle’s driver in compliance with the99National Highway Traffic Safety Administration rules regarding100vehicle-to-vehicle communications.101 (52) PLATOON.—A group of individual motor vehicles 102 traveling in a unified manner at electronically coordinated 103 speeds at following distances that are closer than defined under 104 s. 316.0895(2). 105 Section 2. Section 316.0896, Florida Statutes, is repealed. 106 Section 3. Section 316.0897, Florida Statutes, is created 107 to read: 108 316.0897 Platoons.— 109 (1) Section 316.0895 does not apply to the operator of a 110 non-lead vehicle in a platoon, as defined in s. 316.003. 111 (2) A platoon may be operated on a roadway in this state 112 after an operator provides notification to the Department of 113 Transportation and the Department of Highway Safety and Motor 114 Vehicles. 115 Section 4. Subsection (1) and paragraphs (a), (c), (d), and 116 (f) of subsection (2) of section 316.302, Florida Statutes, are 117 amended to read: 118 316.302 Commercial motor vehicles; safety regulations; 119 transporters and shippers of hazardous materials; enforcement.— 120 (1) Except as otherwise provided in subsection (3): 121 (a) All owners and drivers of commercial motor vehicles 122 that are operated on the public highways of this state while 123 engaged in interstate commerce are subject to the rules and 124 regulations contained in 49 C.F.R. parts 382, 385, and 390-397. 125 (b) Except as otherwise provided in this section, all 126 owners or drivers of commercial motor vehicles that are engaged 127 in intrastate commerce are subject to the rules and regulations 128 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with129the exception of 49 C.F.R. s. 390.5 as it relates to the130definition of bus,as such rules and regulations existed on 131 December 31, 20172012. 132 (c) The emergency exceptions provided by 49 C.F.R. s. 133 392.82 also apply to communications by utility drivers and 134 utility contractor drivers during a Level 1 activation of the 135 State Emergency Operations Center, as provided in the Florida 136 Comprehensive Emergency Management plan, or during a state of 137 emergency declared by executive order or proclamation of the 138 Governor. 139 (d) Except as provided ins. 316.215(5), and except as140provided ins. 316.228 for rear overhang lighting and flagging 141 requirements for intrastate operations, the requirements of this 142 section supersede all other safety requirements of this chapter 143 for commercial motor vehicles. 144 (e) For motor carriers engaged in intrastate commerce who 145 are not carrying hazardous materials in amounts that require 146 placards, the requirement for electronic logging devices and 147 hours of service support documents shall take effect December 148 31, 2019. 149 (2)(a) A person who operates a commercial motor vehicle 150 solely in intrastate commerce not transporting any hazardous 151 material in amounts that require placarding pursuant to 49 152 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1) 153 and 395.3395.3(a) and (b). 154 (c) Except as provided in 49 C.F.R. s. 395.1, a person who 155 operates a commercial motor vehicle solely in intrastate 156 commerce not transporting any hazardous material in amounts that 157 require placarding pursuant to 49 C.F.R. part 172 may not drive 158 after having been on duty more than 70 hours in any period of 7 159 consecutive days or more than 80 hours in any period of 8 160 consecutive days if the motor carrier operates every day of the 161 week. Thirty-four consecutive hours off duty shall constitute 162 the end of any such period of 7 or 8 consecutive days. This 163 weekly limit does not apply to a person who operates a 164 commercial motor vehicle solely within this state while 165 transporting, during harvest periods, any unprocessed 166 agricultural products or unprocessed food or fiber that is 167 subject to seasonal harvesting from place of harvest to the 168 first place of processing or storage or from place of harvest 169 directly to market or while transporting livestock, livestock 170 feed, or farm supplies directly related to growing or harvesting 171 agricultural products. Upon request of the Department of Highway 172 Safety and Motor Vehicles, motor carriers shall furnish time 173 records or other written verification to that department so that 174 the Department of Highway Safety and Motor Vehicles can 175 determine compliance with this subsection. These time records 176 must be furnished to the Department of Highway Safety and Motor 177 Vehicles within 2 days after receipt of that department’s 178 request. Falsification of such information is subject to a civil 179 penaltynot to exceed $100.The provisions ofThis paragraph 180 doesdonot apply to operators of farm labor vehicles operated 181 during a state of emergency declared by the Governor or operated 182 pursuant to s. 570.07(21),and doesdonot apply to drivers of 183 utility service vehicles as defined in 49 C.F.R. s. 395.2. 184 (d) A person who operates a commercial motor vehicle solely 185 in intrastate commerce not transporting any hazardous material 186 in amounts that require placarding pursuant to 49 C.F.R. part 187 172 within a 150 air-mile radius of the location where the 188 vehicle is based need not comply with 49 C.F.R. s. 395.8,if the 189 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C), 190395.1(e)(1)(iii)and (v) are met.If a driver is not released191from duty within 12 hours after the driver arrives for duty, the192motor carrier must maintain documentation of the driver’s193driving times throughout the duty period.194 (f) A person who operates a commercial motor vehicle having 195 adeclaredgross vehicle weight, gross vehicle weight rating, 196 and gross combined weight rating of less than 26,001 pounds 197 solely in intrastate commerce and who is not transporting 198 hazardous materials in amounts that require placarding pursuant 199 to 49 C.F.R. part 172, or who is transporting petroleum products200as defined in s. 376.301,is exempt from subsection (1). 201 However, such person must comply with 49 C.F.R. parts 382, 392, 202 and 393,and with 49 C.F.R. ss. 396.3(a)(1) and 396.9. 203 Section 5. Subsection (3) of section 316.303, Florida 204 Statutes, is amended to read: 205 316.303 Television receivers.— 206 (3) This section does not prohibit the use of an electronic 207 display used in conjunction with a vehicle navigation system; an 208 electronic display used by an operator of a vehicle equipped 209 with autonomous technology, as defined in s. 316.003; or an 210 electronic display used by an operator of a platoonvehicle211equipped and operating with driver-assistive truck platooning212technology, as defined in s. 316.003. 213 Section 6. Subsection (24) of section 320.01, Florida 214 Statutes, is amended to read: 215 320.01 Definitions, general.—As used in the Florida 216 Statutes, except as otherwise provided, the term: 217 (24) “Apportionable vehicle” means any vehicle, except 218 recreational vehicles, vehicles displaying restricted plates, 219 city pickup and delivery vehicles,buses used in transportation220of chartered parties,and government-owned vehicles, which is 221 used or intended for use in two or more member jurisdictions 222 that allocate or proportionally register vehicles and which is 223 used for the transportation of persons for hire or is designed, 224 used, or maintained primarily for the transportation of property 225 and: 226 (a) Is a power unit having a gross vehicle weight in excess 227 of 26,000 pounds; 228 (b) Is a power unit having three or more axles, regardless 229 of weight; or 230 (c) Is used in combination, when the weight of such 231 combination exceeds 26,000 pounds gross vehicle weight. 232 233 Vehicles, or combinations thereof, having a gross vehicle weight 234 of 26,000 pounds or less and two-axle vehicles may be 235 proportionally registered. 236 Section 7. Paragraph (b) of subsection (1) and paragraph 237 (a) of subsection (3) of section 320.06, Florida Statutes, are 238 amended to read: 239 320.06 Registration certificates, license plates, and 240 validation stickers generally.— 241 (1) 242 (b)1. Registration license plates bearing a graphic symbol 243 and the alphanumeric system of identification shall be issued 244 for a 10-year period. At the end of the 10-year period, upon 245 renewal, the plate shall be replaced. The department shall 246 extend the scheduled license plate replacement date from a 6 247 year period to a 10-year period. The fee for such replacement is 248 $28, $2.80 of which shall be paid each year before the plate is 249 replaced, to be credited toward the next $28 replacement fee. 250 The fees shall be deposited into the Highway Safety Operating 251 Trust Fund. A credit or refund may not be given for any prior 252 years’ payments of the prorated replacement fee if the plate is 253 replaced or surrendered before the end of the 10-year period, 254 except that a credit may be given if a registrant is required by 255 the department to replace a license plate under s. 256 320.08056(8)(a). With each license plate, a validation sticker 257 shall be issued showing the owner’s birth month, license plate 258 number, and the year of expiration or the appropriate renewal 259 period if the owner is not a natural person. The validation 260 sticker shall be placed on the upper right corner of the license 261 plate. The license plate and validation sticker shall be issued 262 based on the applicant’s appropriate renewal period. The 263 registration period is 12 months, the extended registration 264 period is 24 months, and all expirations occur based on the 265 applicant’s appropriate registration period. 266 2. Before October 1, 2019, a vehicle that has an 267 apportioned registration shall be issued an annual license plate 268 and a cab card denotingthat denotethe declared gross vehicle 269 weightfor each apportioned jurisdiction in which the vehicle is270authorized to operate. 271 3. Beginning October 1, 2019, a vehicle registered in 272 accordance with the International Registration Plan shall be 273 issued a license plate for a 5-year period, an annual cab card 274 denoting the declared gross vehicle weight, and an annual 275 validation sticker showing the month and year of expiration. The 276 validation sticker shall be placed in the center of the license 277 plate. The license plate and validation sticker shall be issued 278 based on the applicant’s appropriate renewal period. The fee for 279 the initial validation sticker and any renewed validation 280 sticker is $28. This fee shall be deposited into the Highway 281 Safety Operating Trust Fund. A damaged or worn license plate may 282 be replaced at no charge by applying to the department and 283 surrendering the current license plate. 284 4.2.In order to retain the efficient administration of the 285 taxes and fees imposed by this chapter, the 80-cent fee increase 286 in the replacement fee imposed by chapter 2009-71, Laws of 287 Florida, is negated as provided in s. 320.0804. 288 (3)(a) Registration license plates must be made of metal 289 specially treated with a retroreflection material, as specified 290 by the department. The registration license plate is designed to 291 increase nighttime visibility and legibility and must be at 292 least 6 inches wide and not less than 12 inches in length, 293 unless a plate with reduced dimensions is deemed necessary by 294 the department to accommodate motorcycles, mopeds, or similar 295 smaller vehicles. Validation stickers must also be treated with 296 a retroreflection material, must be of such size as specified by 297 the department, and must adhere to the license plate. The 298 registration license plate must be imprinted with a combination 299 of bold letters and numerals or numerals, not to exceed seven 300 digits, to identify the registration license plate number. The 301 license plate must be imprinted with the word “Florida” at the 302 top and the name of the county in which it is sold, the state 303 motto, or the words “Sunshine State” at the bottom. Apportioned 304 license plates must have the word “Apportioned” at the bottom 305 and license plates issued for vehicles taxed under s. 306 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have 307 the word “Restricted” at the bottom. License plates issued for 308 vehicles taxed under s. 320.08(12) must be imprinted with the 309 word “Florida” at the top and the word “Dealer” at the bottom 310 unless the license plate is a specialty license plate as 311 authorized in s. 320.08056. Manufacturer license plates issued 312 for vehicles taxed under s. 320.08(12) must be imprinted with 313 the word “Florida” at the top and the word “Manufacturer” at the 314 bottom. License plates issued for vehicles taxed under s. 315 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at 316 the bottom. Any county may, upon majority vote of the county 317 commission, elect to have the county name removed from the 318 license plates sold in that county. The state motto or the words 319 “Sunshine State” shall be printed in lieu thereof. A license 320 plate issued for a vehicle taxed under s. 320.08(6) may not be 321 assigned a registration license number, or be issued with any 322 other distinctive character or designation, that distinguishes 323 the motor vehicle as a for-hire motor vehicle. 324 Section 8. Subsection (5) of section 320.0607, Florida 325 Statutes, is amended to read: 326 320.0607 Replacement license plates, validation decal, or 327 mobile home sticker.— 328 (5) Upon the issuance of an original license plate, the 329 applicant shall pay a fee of $28 to be deposited in the Highway 330 Safety Operating Trust Fund. Beginning October 1, 2019, this 331 subsection does not apply to a vehicle registered under the 332 International Registration Plan. 333 Section 9. Paragraph (b) of subsection (2) of section 334 320.0657, Florida Statutes, is amended to read: 335 320.0657 Permanent registration; fleet license plates.— 336 (2) 337 (b) The plates, which shall be of a distinctive color, 338 shall have the word “Fleet” appearing at the bottom and the word 339 “Florida” appearing at the top unless the license plate is a 340 specialty license plate as authorized in s. 320.08056. The 341 plates shall conform in all respects to the provisions of this 342 chapter, except as specified herein. For additional fees as set 343 forth in s. 320.08056, fleet companies may purchase specialty 344 license plates in lieu of the standard fleet license plates. 345 Fleet companies shall be responsible for all costs associated 346 with the specialty license plate, including all annual use fees, 347 processing fees, fees associated with switching license plate 348 types, and any other applicable fees. 349 Section 10. Subsection (12) of section 320.08, Florida 350 Statutes, is amended to read: 351 320.08 License taxes.—Except as otherwise provided herein, 352 there are hereby levied and imposed annual license taxes for the 353 operation of motor vehicles, mopeds, motorized bicycles as 354 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003, 355 and mobile homes as defined in s. 320.01, which shall be paid to 356 and collected by the department or its agent upon the 357 registration or renewal of registration of the following: 358 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised 359 motor vehicle dealer, independent motor vehicle dealer, marine 360 boat trailer dealer, or mobile home dealer and manufacturer 361 license plate: $17 flat, of which $4.50 shall be deposited into 362 the General Revenue Fund. For additional fees as set forth in s. 363 320.08056, dealers may purchase specialty license plates in lieu 364 of the standard graphic dealer license plates. Dealers shall be 365 responsible for all costs associated with the specialty license 366 plate, including all annual use fees, processing fees, fees 367 associated with switching license plate types, and any other 368 applicable fees. 369 Section 11. Subsection (2) of section 320.08056, Florida 370 Statutes, is amended to read: 371 320.08056 Specialty license plates.— 372 (2)(a) The department shall issue a specialty license plate 373 to the owner or lessee of any motor vehicle, except a vehicle 374 registered under the International Registration Plan, a 375 commercial truck required to display two license plates pursuant 376 to s. 320.0706, or a truck tractor, upon request and payment of 377 the appropriate license tax and fees. 378 (b) The department may authorize dealer and fleet specialty 379 license plates. With the permission of the sponsoring specialty 380 license plate organization, a dealer or fleet company may 381 purchase specialty license plates to be used on dealer and fleet 382 vehicles. 383 (c) Notwithstanding s. 320.08058, a dealer or fleet 384 specialty license plate must include the letters “DLR” or “FLT” 385 on the right side of the license plate. Dealer and fleet 386 specialty license plates must be ordered directly through the 387 department. 388 Section 12. Subsection (10) is added to section 320.131, 389 Florida Statutes, to read: 390 320.131 Temporary tags.— 391 (10) Beginning October 1, 2018, the department may partner 392 with a county tax collector to conduct a Fleet Vehicle Temporary 393 Tag pilot program to provide temporary tags to fleet companies 394 to allow them to operate fleet vehicles awaiting a permanent 395 registration and title. 396 (a) The department shall establish a memorandum of 397 understanding that allows a maximum of three companies to 398 participate in the pilot program and receive multiple temporary 399 tags for company fleet vehicles. 400 (b) To participate in the program a fleet company must have 401 a minimum of 3,500 fleet vehicles registered in this state which 402 qualify to be registered as fleet vehicles pursuant to s. 403 320.0657. 404 (c) The department may issue up to 50 temporary tags at a 405 time to an eligible fleet company, if requested by such company. 406 (d) The temporary tags are for exclusive use on a vehicle 407 purchased for the company’s fleet, and may not be used on any 408 other vehicle. 409 (e) Each temporary plate may be used on only one vehicle 410 and each vehicle may only use one temporary plate. 411 (f) Upon issuance of the vehicle’s permanent license plate 412 and registration, the temporary tag becomes invalid and must be 413 removed from the vehicle and destroyed. 414 (g) Upon a finding by the department that a temporary tag 415 has been misused by a fleet company under this program, the 416 department may terminate the memorandum of understanding with 417 the company, invalidate all temporary tags issued to the company 418 under the program, and require such company to return any unused 419 temporary tags. 420 (h) This subsection is repealed on October 1, 2021, unless 421 saved from repeal through reenactment by the Legislature. 422 Section 13. Paragraph (a) of subsection (2) of section 423 812.014, Florida Statutes, is amended to read: 424 812.014 Theft.— 425 (2)(a)1. If the property stolen is valued at $100,000 or 426 more or is a semitrailer that was deployed by a law enforcement 427 officer; or 428 2. If the property stolen is cargo valued at $50,000 or 429 more that has entered the stream of interstate or intrastate 430 commerce from the shipper’s loading platform to the consignee’s 431 receiving dock; or 432 3. If the offender commits any grand theft and: 433 a. In the course of committing the offense the offender 434 uses a motor vehicle as an instrumentality, other than merely as 435 a getaway vehicle, to assist in committing the offense and 436 thereby damages the real property of another;or437 b. In the course of committing the offense the offender 438 causes damage to the real or personal property of another in 439 excess of $1,000; or 440 c. In the course of committing the offense the offender 441 uses any type of device to defeat, block, disable, jam, or 442 interfere with a global positioning system or similar system 443 designed to identify the location of the cargo or the vehicle or 444 trailer carrying the cargo, 445 446 the offender commits grand theft in the first degree, punishable 447 as a felony of the first degree, as provided in s. 775.082, s. 448 775.083, or s. 775.084. 449 Section 14. This act shall take effect October 1, 2018.