HB 387

1	A bill to be entitled
2	An act relating to the use of high-occupancy-vehicle
3	lanes; amending s. 316.0741, F.S.; revising definitions;
4	requiring certain vehicles driven in an HOV lane to comply
5	with specified fuel economy standards; providing that
6	eligibility of certain vehicles to operate in an HOV lane
7	shall be determined in accordance with United States
8	Environmental Protection Agency rule; authorizing the
9	Department of Highway Safety and Motor Vehicles to limit
10	or discontinue use of decals for vehicles authorized to
11	use HOV lanes; providing for continued toll-free use of
12	HOV lane facility when the facility is redesignated as
13	open tolling; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 316.0741, Florida Statutes, is amended
18	to read:
19	316.0741  High-occupancy-vehicle High occupancy vehicle
20	lanes.--
21	(1)  As used in this section, the term:
22	(a)  "High-occupancy-vehicle "High occupancy vehicle lane"
23	or "HOV lane" means a lane of a public roadway designated for
24	use by vehicles in which there is more than one occupant unless
25	otherwise authorized by federal law.
26	(b)  "Hybrid vehicle" means a motor vehicle:
27	1.  That draws propulsion energy from onboard sources of
28	stored energy which are both an internal combustion or heat
29	engine using combustible fuel and a rechargeable energy-storage
30	system; and
31	2.  That, in the case of a passenger automobile or light
32	truck, has received a certificate of conformity under the Clean
33	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
34	equivalent qualifying California standards for a low-emission
35	vehicle.
36	(2)  The number of persons that must be in a vehicle to
37	qualify for legal use of the HOV lane and the hours during which
38	the lane will serve as an HOV lane, if it is not designated as
39	such on a full-time basis, must also be indicated on a traffic
40	control device.
41	(3)  Except as provided in subsection (4), a vehicle may
42	not be driven in an HOV lane if the vehicle is occupied by fewer
43	than the number of occupants indicated by a traffic control
44	device. A driver who violates this section shall be cited for a
45	moving violation, punishable as provided in chapter 318.
46	(4)(a)  Notwithstanding any other provision of this
47	section, an inherently low-emission vehicle (ILEV) that is
48	certified and labeled in accordance with federal regulations may
49	be driven in an HOV lane at any time, regardless of its
50	occupancy. In addition, upon the state's receipt of written
51	notice from the proper federal regulatory agency authorizing
52	such use, a vehicle defined as a hybrid vehicle under this
53	section may be driven in an HOV lane at any time, regardless of
54	its occupancy.
55	(b)  All eligible hybrid and all eligible other low
56	emission and energy-efficient vehicles driven in an HOV lane
57	must comply with the minimum fuel economy standards in 23 U.S.C.
58	s. 166(f)(3)(B).
59	(c)  Upon its effective date, the eligibility of hybrid and
60	other low-emission and energy-efficient vehicles for operation
61	in an HOV lane regardless of occupancy shall be determined in
62	accordance with the applicable final rule issued by the United
63	States Environmental Protection Agency pursuant to 23 U.S.C. s.
64	166(e).
65	(5)  The department shall issue a decal and registration
66	certificate, to be renewed annually, reflecting the HOV lane
67	designation on such vehicles meeting the criteria in subsection
68	(4) authorizing driving in an HOV lane at any time such use. The
69	department may charge a fee for a decal, not to exceed the costs
70	of designing, producing, and distributing each decal, or $5,
71	whichever is less. The proceeds from sale of the decals shall be
72	deposited in the Highway Safety Operating Trust Fund. The
73	department may, for reasons of operation and management of HOV
74	facilities, limit or discontinue issuance of decals for the use
75	of HOV facilities by hybrid and low-emission and energy
76	efficient vehicles regardless of occupancy if it has been
77	determined by the Department of Transportation that the
78	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
79	(6)  Any HOV lane facility that is redesignated as open
80	tolling lanes shall continue to allow vehicles that comply with
81	the minimum fuel economy standards under 23 U.S.C. s.
82	166(f)(3)(B) to use the lane without requiring payment of the
83	toll.
84	(5)  As used in this section, the term "hybrid vehicle"
85	means a motor vehicle:
86	(a)  That draws propulsion energy from onboard sources of
87	stored energy which are both:
88	1.  An internal combustion or heat engine using combustible
89	fuel; and
90	2.  A rechargeable energy storage system; and
91	(b)  That, in the case of a passenger automobile or light
92	truck:
93	1.  Has received a certificate of conformity under the
94	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
95	2.  Meets or exceeds the equivalent qualifying California
96	standards for a low-emission vehicle.
97	(7)(6)  The department may adopt rules necessary to
98	administer this section.
99	Section 2.  This act shall take effect July 1, 2008.

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