Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1104
       
       
       
       
       
       
                                Ì211764.Î211764                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Brandes) recommended the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete lines 83 - 235
    5  and insert:
    6         Section 1. Subsection (20) of section 316.003, Florida
    7  Statutes, is amended, present subsections (21) through (37) of
    8  that section are redesignated as subsections (20) through (36),
    9  respectively, new subsections (37) and (52) are added to that
   10  section, present subsections (52) through (99) of that section
   11  are redesignated as subsections (53) through (100),
   12  respectively, and subsections (40) and (51) and present
   13  subsections (57) and (97) of that section are amended, to read:
   14         316.003 Definitions.—The following words and phrases, when
   15  used in this chapter, shall have the meanings respectively
   16  ascribed to them in this section, except where the context
   17  otherwise requires:
   18         (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
   19  automation and safety technology that integrates sensor array,
   20  wireless vehicle-to-vehicle communications, active safety
   21  systems, and specialized software to link safety systems and
   22  synchronize acceleration and braking between two vehicles while
   23  leaving each vehicle’s steering control and systems command in
   24  the control of the vehicle’s driver in compliance with the
   25  National Highway Traffic Safety Administration rules regarding
   26  vehicle-to-vehicle communications.
   27         (37) MOBILE CARRIER.—An electrically powered device that:
   28         (a) Is operated on sidewalks and crosswalks and is intended
   29  primarily for transporting property;
   30         (b) Weighs less than 80 pounds, excluding cargo;
   31         (c) Has a maximum speed of 12.5 mph; and
   32         (d) Is equipped with a technology to transport personal
   33  property with the active monitoring of a property owner, and
   34  primarily designed to remain within 25 feet of the property
   35  owner.
   36  
   37  A mobile carrier is not considered a vehicle or personal
   38  delivery device unless expressly defined by law as a vehicle or
   39  personal delivery device.
   40         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
   41  self-propelled vehicle not operated upon rails or guideway, but
   42  not including any bicycle, motorized scooter, electric personal
   43  assistive mobility device, mobile carrier, personal delivery
   44  device, swamp buggy, or moped. For purposes of s. 316.1001,
   45  “motor vehicle” has the same meaning as provided in s.
   46  320.01(1)(a).
   47         (51) PERSONAL DELIVERY DEVICE.—An electrically powered
   48  device that:
   49         (a) Is operated on sidewalks and crosswalks and intended
   50  primarily for transporting property;
   51         (b) Weighs less than 80 pounds, excluding cargo;
   52         (c) Has a maximum speed of 10 miles per hour; and
   53         (d) Is equipped with technology to allow for operation of
   54  the device with or without the active control or monitoring of a
   55  natural person.
   56  
   57  A personal delivery device is not considered a vehicle unless
   58  expressly defined by law as a vehicle. A mobile carrier is not
   59  considered a personal delivery device.
   60         (52) PLATOON.—A group of individual motor vehicles
   61  traveling in a unified manner at electronically coordinated
   62  speeds at following distances that are closer than defined under
   63  s. 316.0895(2).
   64         (58)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   65  provided in paragraph (80)(b) (79)(b), any privately owned way
   66  or place used for vehicular travel by the owner and those having
   67  express or implied permission from the owner, but not by other
   68  persons.
   69         (98)(97) VEHICLE.—Every device in, upon, or by which any
   70  person or property is or may be transported or drawn upon a
   71  highway, except personal delivery devices, mobile carriers, and
   72  devices used exclusively upon stationary rails or tracks.
   73         Section 2. Paragraph (b) of subsection (7) of section
   74  316.008, Florida Statutes, is amended to read:
   75         316.008 Powers of local authorities.—
   76         (7)
   77         (b)1. Except as provided in subparagraph 2., a personal
   78  delivery device and a mobile carrier may be operated on
   79  sidewalks and crosswalks within a county or municipality when
   80  such use is permissible under federal law. This paragraph does
   81  not restrict a county or municipality from otherwise adopting
   82  regulations for the safe operation of personal delivery devices
   83  and mobile carriers.
   84         2. A personal delivery device may not be operated on the
   85  Florida Shared-Use Nonmotorized Trail Network created under s.
   86  339.81 or components of the Florida Greenways and Trails System
   87  created under chapter 260.
   88         Section 3. Section 316.0896, Florida Statutes, is repealed.
   89         Section 4. Section 316.0897, Florida Statutes, is created
   90  to read:
   91         316.0897 Platoons.—
   92         (1) Section 316.0895 does not apply to the operator of a
   93  nonlead vehicle in a platoon, as defined in s. 316.003.
   94         (2) A platoon may be operated on a roadway in this state
   95  after an operator provides notification to the Department of
   96  Transportation and the Department of Highway Safety and Motor
   97  Vehicles.
   98         Section 5. Section 316.2071, Florida Statutes, is amended
   99  to read:
  100         316.2071 Personal delivery devices and mobile carriers.—
  101         (1) Notwithstanding any provision of law to the contrary, a
  102  personal delivery device or mobile carrier may operate on
  103  sidewalks and crosswalks, subject to s. 316.008(7)(b). A
  104  personal delivery device or mobile carrier operating on a
  105  sidewalk or crosswalk has all the rights and duties applicable
  106  to a pedestrian under the same circumstances, except that the
  107  personal delivery device or mobile carrier must not unreasonably
  108  interfere with pedestrians or traffic and must yield the right
  109  of-way to pedestrians on the sidewalk or crosswalk.
  110         (2) A personal delivery device and a mobile carrier must:
  111         (a) Obey all official traffic and pedestrian control
  112  signals and devices.
  113         (b) For personal delivery devices, include a plate or
  114  marker that has a unique identifying device number and
  115  identifies the name and contact information of the personal
  116  delivery device operator.
  117         (c) Be equipped with a braking system that, when active or
  118  engaged, enables the personal delivery device or mobile carrier
  119  to come to a controlled stop.
  120         (3) A personal delivery device and a mobile carrier may
  121  not:
  122         (a) Operate on a public highway except to the extent
  123  necessary to cross a crosswalk.
  124         (b) Operate on a sidewalk or crosswalk unless the personal
  125  delivery device operator is actively controlling or monitoring
  126  the navigation and operation of the personal delivery device or
  127  a property owner remains within 25 feet of the mobile carrier.
  128         (c) Transport hazardous materials as defined in s. 316.003.
  129         (4) A person who owns and operates a personal delivery
  130  device in this state must maintain an insurance policy, on
  131  behalf of himself or herself and his or her agents, which
  132  provides general liability coverage of at least $100,000 for
  133  damages arising from the combined operations of personal
  134  delivery devices under the entity’s or agent’s control.
  135         Section 6. Subsection (1) and paragraphs (a), (c), (d), and
  136  (f) of subsection (2) of section 316.302, Florida Statutes, are
  137  amended to read:
  138         316.302 Commercial motor vehicles; safety regulations;
  139  transporters and shippers of hazardous materials; enforcement.—
  140         (1) Except as otherwise provided in subsection (3):
  141         (a) All owners and drivers of commercial motor vehicles
  142  that are operated on the public highways of this state while
  143  engaged in interstate commerce are subject to the rules and
  144  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  145         (b) Except as otherwise provided in this section, all
  146  owners or drivers of commercial motor vehicles that are engaged
  147  in intrastate commerce are subject to the rules and regulations
  148  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  149  the exception of 49 C.F.R. s. 390.5 as it relates to the
  150  definition of bus, as such rules and regulations existed on
  151  December 31, 2017 2012.
  152         (c) The emergency exceptions provided by 49 C.F.R. s.
  153  392.82 also apply to communications by utility drivers and
  154  utility contractor drivers during a Level 1 activation of the
  155  State Emergency Operations Center, as provided in the Florida
  156  Comprehensive Emergency Management plan, or during a state of
  157  emergency declared by executive order or proclamation of the
  158  Governor.
  159         (d) Except as provided in s. 316.215(5), and except as
  160  provided in s. 316.228 for rear overhang lighting and flagging
  161  requirements for intrastate operations, the requirements of this
  162  section supersede all other safety requirements of this chapter
  163  for commercial motor vehicles.
  164         (e) For motor carriers engaged in intrastate commerce who
  165  are not carrying hazardous materials in amounts that require
  166  placards, the requirement for electronic logging devices and
  167  hours of service support documents shall take effect December
  168  31, 2019.
  169         (2)(a) A person who operates a commercial motor vehicle
  170  solely in intrastate commerce not transporting any hazardous
  171  material in amounts that require placarding pursuant to 49
  172  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  173  and 395.3 395.3(a) and (b).
  174         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  175  operates a commercial motor vehicle solely in intrastate
  176  commerce not transporting any hazardous material in amounts that
  177  require placarding pursuant to 49 C.F.R. part 172 may not drive
  178  after having been on duty more than 70 hours in any period of 7
  179  consecutive days or more than 80 hours in any period of 8
  180  consecutive days if the motor carrier operates every day of the
  181  week. Thirty-four consecutive hours off duty shall constitute
  182  the end of any such period of 7 or 8 consecutive days. This
  183  weekly limit does not apply to a person who operates a
  184  commercial motor vehicle solely within this state while
  185  transporting, during harvest periods, any unprocessed
  186  agricultural products or unprocessed food or fiber that is
  187  subject to seasonal harvesting from place of harvest to the
  188  first place of processing or storage or from place of harvest
  189  directly to market or while transporting livestock, livestock
  190  feed, or farm supplies directly related to growing or harvesting
  191  agricultural products. Upon request of the Department of Highway
  192  Safety and Motor Vehicles, motor carriers shall furnish time
  193  records or other written verification to that department so that
  194  the Department of Highway Safety and Motor Vehicles can
  195  determine compliance with this subsection. These time records
  196  must be furnished to the Department of Highway Safety and Motor
  197  Vehicles within 2 days after receipt of that department’s
  198  request. Falsification of such information is subject to a civil
  199  penalty not to exceed $100. The provisions of This paragraph
  200  does do not apply to operators of farm labor vehicles operated
  201  during a state of emergency declared by the Governor or operated
  202  pursuant to s. 570.07(21), and does do not apply to drivers of
  203  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  204         (d) A person who operates a commercial motor vehicle solely
  205  in intrastate commerce not transporting any hazardous material
  206  in amounts that require placarding pursuant to 49 C.F.R. part
  207  172 within a 150 air-mile radius of the location where the
  208  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  209  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  210  395.1(e)(1)(iii) and (v) are met. If a driver is not released
  211  from duty within 12 hours after the driver arrives for duty, the
  212  motor carrier must maintain documentation of the driver’s
  213  driving times throughout the duty period.
  214         (f) A person who operates a commercial motor vehicle having
  215  a declared gross vehicle weight, gross vehicle weight rating,
  216  and gross combined weight rating of less than 26,001 pounds
  217  solely in intrastate commerce and who is not transporting
  218  hazardous materials in amounts that require placarding pursuant
  219  to 49 C.F.R. part 172, or who is transporting petroleum products
  220  as defined in s. 376.301, is exempt from subsection (1).
  221  However, such person must comply with 49 C.F.R. parts 382, 392,
  222  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  223         Section 7. Subsection (3) of section 316.303, Florida
  224  Statutes, is amended to read:
  225         316.303 Television receivers.—
  226         (3) This section does not prohibit the use of an electronic
  227  display used in conjunction with a vehicle navigation system; an
  228  electronic display used by an operator of a vehicle equipped
  229  with autonomous technology, as defined in s. 316.003; or an
  230  electronic display used by an operator of a platoon vehicle
  231  equipped and operating with driver-assistive truck platooning
  232  technology, as defined in s. 316.003.
  233         Section 8. Paragraph (a) of subsection (1) and subsection
  234  (24) of section 320.01, Florida Statutes, are amended to read:
  235         320.01 Definitions, general.—As used in the Florida
  236  Statutes, except as otherwise provided, the term:
  237         (1) “Motor vehicle” means:
  238         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  239  truck tractor and semitrailer combination, or any other vehicle
  240  operated on the roads of this state, used to transport persons
  241  or property, and propelled by power other than muscular power,
  242  but the term does not include traction engines, road rollers,
  243  personal delivery devices and mobile carriers as defined in s.
  244  316.003, special mobile equipment as defined in s. 316.003,
  245  vehicles that run only upon a track, bicycles, swamp buggies, or
  246  mopeds.
  247         (24) “Apportionable vehicle” means any vehicle, except
  248  recreational vehicles, vehicles displaying restricted plates,
  249  city pickup and delivery vehicles, buses used in transportation
  250  of chartered parties, and government-owned vehicles, which is
  251  used or intended for use in two or more member jurisdictions
  252  that allocate or proportionally register vehicles and which is
  253  used for the transportation of persons for hire or is designed,
  254  used, or maintained primarily for the transportation of property
  255  and:
  256         (a) Is a power unit having a gross vehicle weight in excess
  257  of 26,000 pounds;
  258         (b) Is a power unit having three or more axles, regardless
  259  of weight; or
  260         (c) Is used in combination, when the weight of such
  261  combination exceeds 26,000 pounds gross vehicle weight.
  262  
  263  Vehicles, or combinations thereof, having a gross vehicle weight
  264  of 26,000 pounds or less and two-axle vehicles may be
  265  proportionally registered.
  266         Section 9. Subsection (19) of section 320.02, Florida
  267  Statutes, is amended to read:
  268         320.02 Registration required; application for registration;
  269  forms.—
  270         (19) A personal delivery device and a mobile carrier as
  271  defined in s. 316.003 are is not required to satisfy the
  272  registration and insurance requirements of this section.
  273         Section 10. Subsection (1) of section 324.021, Florida
  274  Statutes, is amended to read:
  275         324.021 Definitions; minimum insurance required.—The
  276  following words and phrases when used in this chapter shall, for
  277  the purpose of this chapter, have the meanings respectively
  278  ascribed to them in this section, except in those instances
  279  where the context clearly indicates a different meaning:
  280         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  281  designed and required to be licensed for use upon a highway,
  282  including trailers and semitrailers designed for use with such
  283  vehicles, except traction engines, road rollers, farm tractors,
  284  power shovels, and well drillers, and every vehicle that is
  285  propelled by electric power obtained from overhead wires but not
  286  operated upon rails, but not including any personal delivery
  287  device or mobile carrier as defined in s. 316.003, bicycle, or
  288  moped. However, the term “motor vehicle” does not include a
  289  motor vehicle as defined in s. 627.732(3) when the owner of such
  290  vehicle has complied with the requirements of ss. 627.730
  291  627.7405, inclusive, unless the provisions of s. 324.051 apply;
  292  and, in such case, the applicable proof of insurance provisions
  293  of s. 320.02 apply.
  294         Section 11. Subsection (1) of section 655.960, Florida
  295  Statutes, is amended to read:
  296         655.960 Definitions; ss. 655.960-655.965.—As used in this
  297  section and ss. 655.961-655.965, unless the context otherwise
  298  requires:
  299         (1) “Access area” means any paved walkway or sidewalk which
  300  is within 50 feet of any automated teller machine. The term does
  301  not include any street or highway open to the use of the public,
  302  as defined in s. 316.003(80)(a) or (b) s. 316.003(79)(a) or (b),
  303  including any adjacent sidewalk, as defined in s. 316.003.
  304  
  305  ================= T I T L E  A M E N D M E N T ================
  306  And the title is amended as follows:
  307         Delete lines 2 - 30
  308  and insert:
  309         An act relating to transportation; amending s.
  310         316.003, F.S.; adding, deleting, and revising
  311         definitions; amending s. 316.008, F.S.; authorizing a
  312         mobile carrier to be operated on sidewalks and
  313         crosswalks within a county or municipality when such
  314         use is permissible under federal law; providing
  315         construction; repealing s. 316.0896, F.S., relating to
  316         the assistive truck platooning technology pilot
  317         project; creating s. 316.0897, F.S.; exempting the
  318         operator of a nonlead vehicle in a platoon from a
  319         specified provision; authorizing a platoon to be
  320         operated on a roadway in this state after an operator
  321         provides notification to the Department of
  322         Transportation and the Department of Highway Safety
  323         and Motor Vehicles; amending s. 316.2071, F.S.;
  324         authorizing a mobile carrier to operate on sidewalks
  325         and crosswalks; providing that a mobile carrier
  326         operating on a sidewalk or crosswalk has all the
  327         rights and duties applicable to a pedestrian under the
  328         same circumstances, except that the mobile carrier
  329         must not unreasonably interfere with pedestrians or
  330         traffic and must yield the right-of-way to pedestrians
  331         on the sidewalk or crosswalk; specifying requirements
  332         for a mobile carrier; prohibiting a mobile carrier
  333         from taking specified actions; amending s. 316.302,
  334         F.S.; revising regulations to which owners and drivers
  335         of commercial motor vehicles are subject; delaying the
  336         requirement for electronic logging devices and support
  337         documents for certain intrastate motor carriers;
  338         deleting a limitation on a civil penalty for
  339         falsification of certain time records; deleting a
  340         requirement that a motor carrier maintain certain
  341         documentation of driving times; providing an exemption
  342         from specified provisions for a person who operates a
  343         commercial motor vehicle having a certain gross
  344         vehicle weight, gross vehicle weight rating, and gross
  345         combined weight rating; deleting the exemption from
  346         such provisions for a person transporting petroleum
  347         products; amending s. 316.303, F.S.; conforming a
  348         provision to changes made by the act; amending s.
  349         320.01, F.S.; revising definitions; amending s.
  350         320.02, F.S.; providing that a mobile carrier is not
  351         required to satisfy specified registration and
  352         insurance requirements; amending s. 324.021, F.S.;
  353         revising the definition of the term “motor vehicle”;
  354         amending s. 655.960, F.S.; conforming a cross
  355         reference; amending s. 320.06, F.S.;