Senate Bill 0844c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                            CS for SB 844

    By the Committee on Transportation and Senator Hargrett





    306-1686-98

  1                      A bill to be entitled

  2         An act relating to commercial motor vehicles;

  3         amending s. 316.091, F.S.; providing that on

  4         specified highways certain commercial vehicles

  5         may drive only in certain lanes; amending s.

  6         316.302, F.S.; adopting federal motor carrier

  7         safety regulations; authorizing audits of

  8         intrastate motor carriers for drivers' hours of

  9         service compliance; amending s. 316.545, F.S.;

10         prescribing the penalty for operating an

11         overweight or improperly registered commercial

12         vehicle; amending s. 320.01, F.S.; defining the

13         term "agricultural products"; amending s.

14         320.055, F.S.; providing for staggered fleet

15         registration; amending s. 320.0657, F.S.;

16         defining the term "fleet"; providing

17         registration fees; providing penalties for late

18         or improper registration; repealing s. 320.065,

19         F.S., which requires permanent registration for

20         certain agricultural vehicles; providing an

21         effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Subsection (5) is added to section 316.091,

26  Florida Statutes, to read:

27         316.091  Limited access facilities; interstate

28  highways; use restricted.--

29         (5)  A person may drive a commercial motor vehicle

30  having a gross vehicle weight of 26,001 pounds or more or 3

31  axles or more, or a combination of vehicles weighing 26,001

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  pounds or more, upon any limited access facility with six or

  2  more lanes only in the two right through lanes, except when

  3  exiting the facility. However, in congested urban areas the

  4  Department of Transportation may allow commercial motor

  5  vehicles to operate in additional lanes when necessary for the

  6  safe flow of traffic.

  7         Section 2.  Subsections (1) and (5) of section 316.302,

  8  Florida Statutes, are amended to read:

  9         316.302  Commercial motor vehicles; safety regulations;

10  transporters and shippers of hazardous materials;

11  enforcement.--

12         (1)(a)  All owners and drivers of commercial motor

13  vehicles that are operated on the public highways of this

14  state while engaged in interstate commerce are subject to the

15  rules and regulations contained in 49 C.F.R. parts 40, 382,

16  383, 385, 387, and 390-397.

17         (b)  Except as otherwise provided in this section, all

18  owners or drivers of commercial motor vehicles that are

19  engaged in intrastate commerce are subject to the rules and

20  regulations contained in 49 C.F.R. parts 40, 382, 383, 385,

21  387, and 390-397, with the exception of 49 C.F.R. s. 390.5 as

22  it relates to the definition of bus, as such rules and

23  regulations existed on March 1, 1998 1997.

24         (c)  Except as provided in s. 316.215(5), and except as

25  provided in s. 316.228 for rear overhang lighting and flagging

26  requirements for intrastate operations, the requirements of

27  this section supersede all other safety requirements of this

28  chapter for commercial motor vehicles.

29         (5)  The Department of Transportation may adopt and

30  revise rules to assure the safe operation of commercial motor

31  vehicles. The Department of Transportation may enter into

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  cooperative agreements as provided in 49 C.F.R. part 388.

  2  Department of Transportation personnel may conduct motor

  3  carrier and shipper terminal audits only for the purpose of

  4  determining compliance with 49 C.F.R. parts 40, 171, 172, 173,

  5  177, 178, 180, 382, 383, 385, 387, 391, 393, 396, and 390-397,

  6  subsection (2), 397; 49 C.F.R. s. 395.1(e)(5); and s.

  7  627.7415.

  8         Section 3.  Paragraph (b) of subsection (2) of section

  9  316.545, Florida Statutes, is amended to read:

10         316.545  Weight and load unlawful; special fuel and

11  motor fuel tax enforcement; inspection; penalty; review.--

12         (2)

13         (b)  The officer shall inspect the license plate or

14  registration certificate of the commercial vehicle, as defined

15  in s. 316.003(66), to determine if its gross weight is in

16  compliance with the declared gross vehicle weight.  If its

17  gross weight exceeds the declared weight, the penalty shall be

18  5 cents per pound on the difference between such weights.  In

19  those cases when the commercial vehicle, as defined in s.

20  316.003(66), is being operated over the highways of the state

21  with an expired registration or with no registration from this

22  or any other jurisdiction or is not registered under the

23  applicable provisions of chapter 320, the penalty herein shall

24  apply on the basis of 5 cents per pound on that scaled weight

25  which exceeds 35,000 pounds on laden truck tractor-semitrailer

26  combinations or tandem trailer truck combinations, 10,000

27  pounds on laden straight trucks or straight truck-trailer

28  combinations, or 10,000 pounds on any unladen commercial motor

29  vehicle. The penalty imposed under this paragraph may not

30  exceed $1,000. In the case of special mobile equipment as

31  defined in s. 316.003(48), which qualifies for the license tax

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  provided for in s. 320.08(5)(b), being operated on the

  2  highways of the state with an expired registration or

  3  otherwise not properly registered under the applicable

  4  provisions of chapter 320, a penalty of $75 shall apply in

  5  addition to any other penalty which may apply in accordance

  6  with this chapter.  A vehicle found in violation of this

  7  section may be detained until the owner or operator produces

  8  evidence that the vehicle has been properly registered.  Any

  9  costs incurred by the retention of the vehicle shall be the

10  sole responsibility of the owner.  A person who has been

11  assessed a penalty pursuant to this paragraph for failure to

12  have a valid vehicle registration certificate pursuant to the

13  provisions of chapter 320 is not subject to the delinquent fee

14  authorized in s. 320.07 if such person obtains a valid

15  registration certificate within 10 working days after such

16  penalty was assessed.

17         Section 4.  Subsection (42) is added to section 320.01,

18  Florida Statutes, to read:

19         320.01  Definitions, general.--As used in the Florida

20  Statutes, except as otherwise provided, the term:

21         (42)  "Agricultural products" means any food product;

22  any agricultural, horticultural, or livestock product; any raw

23  material used in plant food formulation; or any plant food

24  used to produce food and fiber.

25         Section 5.  Subsection (8) is added to section 320.055,

26  Florida Statutes, to read:

27         320.055  Registration periods; renewal periods.--The

28  following registration periods and renewal periods are

29  established:

30         (8)  For those vehicles subject to registration under

31  s. 320.0657, the department shall implement a system that

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  distributes the registration renewal process throughout the

  2  year.

  3         Section 6.  Section 320.0657, Florida Statutes, is

  4  amended to read:

  5         320.0657  Permanent registration; fleet license

  6  plates.--

  7         (1)  For purposes of this section, the term "fleet"

  8  means nonapportioned motor vehicles owned or leased by a

  9  company and used for business purposes. Vehicle numbers

10  comprising a "fleet" shall be established by the Department of

11  Highway Safety and Motor Vehicles. Vehicles registered as

12  short-term rental vehicles are excluded from the provisions of

13  this section.

14         (1)(a)  The owner or lessee of 250 or more

15  nonapportioned commercial motor vehicles licensed under s.

16  320.08(2), (3), (4), (5)(a)1. and (b), and (7), who has posted

17  a bond as prescribed by department rules, may apply via

18  magnetically encoded computer tape reel or cartridge which is

19  machine readable by the installed computer system at the

20  department for permanent license plates. All vehicles with a

21  fleet license plate shall have the company's name or logo and

22  unit number displayed so that they are readily identifiable.

23  The provisions of s. 320.0605 shall not apply to vehicles

24  registered in accordance with this section, and no annual

25  validation sticker is required.

26         (2)(a)  The owner or lessee of a fleet of motor

27  vehicles shall, upon application in the  manner and at the

28  time prescribed and upon approval by the department and

29  payment of the license tax prescribed under s. 320.08(2), (3),

30  (4), (5)(a) and (b), (6)(a), (7), and (8), be issued permanent

31  fleet license plates. All vehicles with a fleet license plate

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  shall have the company's name or logo and unit number

  2  displayed so that they are readily identifiable. The

  3  provisions of s. 320.0605 do not apply to vehicles registered

  4  in accordance with this section, and no annual validation

  5  sticker is required.

  6         (b)  The plates, which shall be of a distinctive color,

  7  shall have the word "Fleet" appearing at the bottom and the

  8  word "Florida" appearing at the top. The plates shall conform

  9  in all respects to the provisions of this chapter, except as

10  specified herein.

11         (c)  In addition to the license tax prescribed by s.

12  320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an

13  annual fleet management fee of $2 shall be charged. A one-time

14  license plate manufacturing fee of $1.50 shall be charged for

15  plates issued for the established number of vehicles in the

16  fleet. If the size of the fleet is increased, a

17  $20-per-vehicle issuance fee will be charged to include the

18  license plate manufacturing fee. If the license plate

19  manufacturing cost increases, the department shall increase

20  the license-plate manufacturing fee to recoup its cost. Fees

21  collected shall be deposited into the Highway Safety Operating

22  Trust Fund. Payment of registration license tax and fees shall

23  be made annually and be evidenced only by the issuance of a

24  single receipt by the department. The provisions of s.

25  320.0605 do not apply to vehicles registered in accordance

26  with this section, and no annual validation sticker is

27  required.

28         (c)  In addition to the license tax prescribed by s.

29  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

30  of $6 shall be charged for each vehicle registered hereunder.

31  Of this $6 fee, $2.50 shall be retained as a service charge by

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  the tax collector, if the registration occurs at such office,

  2  or by the department, if the registration occurs at offices of

  3  the department. Receipts from the $6 fee not retained by tax

  4  collectors shall be deposited into the Highway Safety

  5  Operating Trust Fund. Payment of registration license tax and

  6  fees shall be made annually and be evidenced only by the

  7  issuance of a single receipt by the department. Half-year

  8  registrations shall not be available for vehicles registered

  9  in accordance with the provisions of this section. The

10  provision of s. 320.06(1)(b) shall not apply to the fleet

11  renewal process.

12         (2)  All recipients of permanent license plates

13  authorized by this section shall submit an annual audit as

14  prescribed by rule of the department. Such audit shall include

15  a percentage of the vehicles registered by each owner or

16  lessee, not to exceed 10 percent. The department shall

17  randomly select the vehicles to be audited and shall forward a

18  listing of said vehicles only to the office of the auditor

19  performing the audit. Every attempt shall be made to provide

20  for groupings of vehicles based in the same location; however,

21  the location shall change from year to year. The audit shall

22  be prepared by a certified public accountant licensed under

23  chapter 473, at the recipient's expense, and shall be

24  performed to standards prescribed by the department. Such

25  audits shall be delivered to the department on or before

26  February 15 of each calendar year. Any fees or taxes which the

27  audit determines are due the department shall be submitted to

28  the department along with such audit. In addition, any company

29  found to be habitually abusing the privileges afforded by

30  permanent licensure shall forfeit the bond required in

31  subsection (1), and may be required by the department to

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                            CS for SB 844
    306-1686-98




  1  relinquish all permanent license plates, and not be eligible

  2  to continue to participate in the program.

  3         (3)  The department is authorized to adopt such rules

  4  as necessary to comply with this section.

  5         (4)  If a recipient of fleet license plates fails to

  6  properly and timely renew or initially register vehicles in

  7  its fleet, the department may impose a delinquency penalty of

  8  $50 or 10 percent of the delinquent taxes due, whichever is

  9  greater, if the failure is for not more than 30 days, with an

10  additional 10 percent penalty for each additional 30 days, or

11  fraction thereof, during the time the failure continues, not

12  to exceed a total penalty of 100 percent in the aggregate.

13  However, the penalty may not be less than $50.

14         (5)  All recipients of fleet license plates authorized

15  by this section must provide the department with an annual

16  vehicle reconciliation and must annually surrender all

17  unassigned license plates. Failure to comply may result in

18  fines of up to $1,000 for each occurrence or in suspension or

19  termination from the fleet program.

20         Section 7.  Section 320.065, Florida Statutes, is

21  repealed.

22         Section 8.  This act shall take effect July 1, 1998.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                              SB 844

26

27  The CS provides for the registration of fleet vehicles. The
    Department of Highway Safety and Motor Vehicles will set the
28  number of vehicles which comprise a fleet.  The CS provides
    fees for such registration and penalties for late
29  registration.

30  The CS also authorizes a terminal audit of motor carriers for
    compliance with the drivers hours of service law.
31

                                  8