Senate Bill 0844e1

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  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. 320.01, F.S.;

10         defining the term "agricultural products";

11         amending s. 320.055, F.S.; providing for

12         staggered fleet registration; amending s.

13         320.0657, F.S.; defining the term "fleet";

14         providing registration fees; providing

15         penalties for late or improper registration;

16         repealing s. 320.065, F.S., which requires

17         permanent registration for certain agricultural

18         vehicles; providing an effective date.

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

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

23  Florida Statutes, to read:

24         316.091  Limited access facilities; interstate

25  highways; use restricted.--

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

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

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

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

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

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


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  1  Department of Transportation may allow commercial motor

  2  vehicles to operate in additional lanes when necessary for the

  3  safe flow of traffic.

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

  5  Florida Statutes, are amended to read:

  6         316.302  Commercial motor vehicles; safety regulations;

  7  transporters and shippers of hazardous materials;

  8  enforcement.--

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

10  vehicles that are operated on the public highways of this

11  state while engaged in interstate commerce are subject to the

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

13  383, 385, 387, and 390-397.

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

15  owners or drivers of commercial motor vehicles that are

16  engaged in intrastate commerce are subject to the rules and

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

18  387, and 390-397, with the exception of 49 C.F.R. s. 390.5 as

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

20  regulations existed on March 1, 1998 1997.

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

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

23  requirements for intrastate operations, the requirements of

24  this section supersede all other safety requirements of this

25  chapter for commercial motor vehicles.

26         (5)  The Department of Transportation may adopt and

27  revise rules to assure the safe operation of commercial motor

28  vehicles. The Department of Transportation may enter into

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

30  Department of Transportation personnel may conduct motor

31  carrier and shipper terminal audits only for the purpose of


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

  2  177, 178, 180, 382, 383, 385, 387, 391, 393, 396, and 390-397,

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

  4  627.7415.

  5         Section 3.  Subsection (42) is added to section 320.01,

  6  Florida Statutes, to read:

  7         320.01  Definitions, general.--As used in the Florida

  8  Statutes, except as otherwise provided, the term:

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

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

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

12  used to produce food and fiber.

13         Section 4.  Subsection (8) is added to section 320.055,

14  Florida Statutes, to read:

15         320.055  Registration periods; renewal periods.--The

16  following registration periods and renewal periods are

17  established:

18         (8)  For those vehicles subject to registration under

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

20  distributes the registration renewal process throughout the

21  year.

22         Section 5.  Section 320.0657, Florida Statutes, is

23  amended to read:

24         320.0657  Permanent registration; fleet license

25  plates.--

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

27  means nonapportioned motor vehicles owned or leased by a

28  company and used for business purposes. Vehicle numbers

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

30  Highway Safety and Motor Vehicles. Vehicles registered as

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

  2  this section.

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

  4  nonapportioned commercial motor vehicles licensed under s.

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

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

  7  magnetically encoded computer tape reel or cartridge which is

  8  machine readable by the installed computer system at the

  9  department for permanent license plates. All vehicles with a

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

11  unit number displayed so that they are readily identifiable.

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

13  registered in accordance with this section, and no annual

14  validation sticker is required.

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

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

17  time prescribed and upon approval by the department and

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

19  (4), (5)(a) and (b), (6)(a), (7), and (8), be issued permanent

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

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

22  displayed so that they are readily identifiable. The

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

24  in accordance with this section, and no annual validation

25  sticker is required.

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

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

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

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

30  specified herein.

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

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

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

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

  5  plates issued for the established number of vehicles in the

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

  7  $20-per-vehicle issuance fee will be charged to include the

  8  license plate manufacturing fee. If the license plate

  9  manufacturing cost increases, the department shall increase

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

11  collected shall be deposited into the Highway Safety Operating

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

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

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

15  320.0605 do not apply to vehicles registered in accordance

16  with this section, and no annual validation sticker is

17  required.

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

19  320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee

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

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

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

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

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

25  collectors shall be deposited into the Highway Safety

26  Operating Trust Fund. Payment of registration license tax and

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

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

29  registrations shall not be available for vehicles registered

30  in accordance with the provisions of this section. The

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

  2  renewal process.

  3         (2)  All recipients of permanent license plates

  4  authorized by this section shall submit an annual audit as

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

  6  a percentage of the vehicles registered by each owner or

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

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

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

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

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

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

13  be prepared by a certified public accountant licensed under

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

15  performed to standards prescribed by the department. Such

16  audits shall be delivered to the department on or before

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

18  audit determines are due the department shall be submitted to

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

20  found to be habitually abusing the privileges afforded by

21  permanent licensure shall forfeit the bond required in

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

23  relinquish all permanent license plates, and not be eligible

24  to continue to participate in the program.

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

26  as necessary to comply with this section.

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

28  properly and timely renew or initially register vehicles in

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

30  $50 or 10 percent of the delinquent taxes due, whichever is

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


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

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

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

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

  5         (5)  All recipients of fleet license plates authorized

  6  by this section must provide the department with an annual

  7  vehicle reconciliation and must annually surrender all

  8  unassigned license plates. Failure to comply may result in

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

10  termination from the fleet program.

11         Section 6.  Section 320.065, Florida Statutes, is

12  repealed.

13         Section 7.  This act shall take effect July 1, 1998.

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