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A bill to be entitled

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An act relating to the use of high-occupancy-vehicle

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lanes; amending s. 316.0741, F.S.; revising definitions;

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requiring certain vehicles driven in an HOV lane to comply

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with specified fuel economy standards; providing that

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eligibility of certain vehicles to operate in an HOV lane

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shall be determined in accordance with United States

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Environmental Protection Agency rule; authorizing the

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Department of Highway Safety and Motor Vehicles to limit

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or discontinue use of decals for vehicles authorized to

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use HOV lanes; providing for continued toll-free use of

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HOV lane facility when the facility is redesignated as

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open tolling; providing an effective date.

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

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     Section 1.  Section 316.0741, Florida Statutes, is amended

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to read:

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     316.0741 High-occupancy-vehicle High occupancy vehicle

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lanes.--

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     (1) As used in this section, the term:

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     (a) "High-occupancy-vehicle "High occupancy vehicle lane"

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or "HOV lane" means a lane of a public roadway designated for use

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by vehicles in which there is more than one occupant unless

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otherwise authorized by federal law.

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     (b) "Hybrid vehicle" means a motor vehicle:

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     1. That draws propulsion energy from onboard sources of

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stored energy which are both an internal combustion or heat

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engine using combustible fuel and a rechargeable energy-storage

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system; and

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     2. That, in the case of a passenger automobile or light

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truck, has received a certificate of conformity under the Clean

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Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the

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equivalent qualifying California standards for a low-emission

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vehicle.

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     (2)  The number of persons that must be in a vehicle to

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qualify for legal use of the HOV lane and the hours during which

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the lane will serve as an HOV lane, if it is not designated as

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such on a full-time basis, must also be indicated on a traffic

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control device.

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     (3) Except as provided in subsection (4), a vehicle may not

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be driven in an HOV lane if the vehicle is occupied by fewer than

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the number of occupants indicated by a traffic control device. A

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driver who violates this section shall be cited for a moving

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violation, punishable as provided in chapter 318.

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     (4)(a) Notwithstanding any other provision of this section,

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an inherently low-emission vehicle (ILEV) that is certified and

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labeled in accordance with federal regulations may be driven in

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an HOV lane at any time, regardless of its occupancy. In

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addition, upon the state's receipt of written notice from the

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proper federal regulatory agency authorizing such use, a vehicle

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defined as a hybrid vehicle under this section may be driven in

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an HOV lane at any time, regardless of its occupancy.

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     (b) All eligible hybrid and all eligible other low-emission

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and energy-efficient vehicles driven in an HOV lane must comply

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with the minimum fuel economy standards in 23 U.S.C. s.

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166(f)(3)(B).

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     (c) Upon its effective date, the eligibility of hybrid and

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other low-emission and energy-efficient vehicles for operation in

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an HOV lane regardless of occupancy shall be determined in

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accordance with the applicable final rule issued by the United

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States Environmental Protection Agency pursuant to 23 U.S.C. s.

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166(e).

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     (5) The department shall issue a decal and registration

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certificate, to be renewed annually, reflecting the HOV lane

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designation on such vehicles meeting the criteria in subsection

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(4) authorizing driving in an HOV lane at any time such use. The

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department may charge a fee for a decal, not to exceed the costs

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of designing, producing, and distributing each decal, or $5,

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whichever is less. The proceeds from sale of the decals shall be

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deposited in the Highway Safety Operating Trust Fund. The

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department may, for reasons of operation and management of HOV

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facilities, limit or discontinue issuance of decals for the use

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of HOV facilities by hybrid and low-emission and energy-efficient

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vehicles regardless of occupancy if it has been determined by the

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Department of Transportation that the facilities are degraded as

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defined by 23 U.S.C. s. 166(d)(2).

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     (6) Any HOV lane facility that is redesignated as open

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tolling lanes shall continue to allow vehicles that comply with

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the minimum fuel economy standards under 23 U.S.C. s.

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166(f)(3)(B) to use the lane without requiring payment of the

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toll.

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     (5) As used in this section, the term "hybrid vehicle"

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means a motor vehicle:

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     (a) That draws propulsion energy from onboard sources of

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stored energy which are both:

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     1. An internal combustion or heat engine using combustible

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fuel; and

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     2. A rechargeable energy storage system; and

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     (b) That, in the case of a passenger automobile or light

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truck:

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     1. Has received a certificate of conformity under the Clean

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Air Act, 42 U.S.C. ss. 7401 et seq.; and

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     2. Meets or exceeds the equivalent qualifying California

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standards for a low-emission vehicle.

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     (7)(6) The department may adopt rules necessary to

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administer this section.

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     Section 2.  This act shall take effect July 1, 2008.