Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1458
       
       
       
       
       
       
                                Barcode 379384                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                  Floor: WD            .                                
             04/26/2013 08:36 AM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 446 - 732
    4  and insert:
    5         Section 5. Subsection (1) of section 316.0083, Florida
    6  Statutes, is amended to read
    7         316.0083 Mark Wandall Traffic Safety Program;
    8  administration; report.—
    9         (1)(a) For purposes of administering this section, the
   10  department, a county, or a municipality may authorize a traffic
   11  infraction enforcement officer under s. 316.640 to issue a
   12  traffic citation for a violation of s. 316.074(1) or s.
   13  316.075(1)(c)1. A notice of violation and a traffic citation may
   14  not be issued for failure to stop at a red light if the driver
   15  is making a right-hand turn in a careful and prudent manner at
   16  an intersection where right-hand turns are permissible. This
   17  paragraph does not prohibit a review of information from a
   18  traffic infraction detector by an authorized employee or agent
   19  of the department, a county, or a municipality before issuance
   20  of the traffic citation by the traffic infraction enforcement
   21  officer. This paragraph does not prohibit the department, a
   22  county, or a municipality from issuing notification as provided
   23  in paragraph (b) to the registered owner of the motor vehicle
   24  involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
   25         (b)1.a. Within 30 days after a violation, notification must
   26  be sent to the registered owner of the motor vehicle involved in
   27  the violation specifying the remedies available under s. 318.14
   28  and that the violator must pay the penalty of $158 to the
   29  department, county, or municipality, or furnish an affidavit in
   30  accordance with paragraph (d), or request a hearing to be held
   31  in the county court for the county in which the violation
   32  occurred, within 90 30 days following the date of delivery or
   33  attempted delivery of the notification in order to avoid court
   34  fees, costs, and the issuance of a traffic citation. The
   35  notification shall be sent by first-class mail.
   36         b. Included with the notification to the registered owner
   37  of the motor vehicle involved in the infraction must be a notice
   38  that the owner has the right to review the photographic or
   39  electronic images or the streaming video evidence that
   40  constitutes a rebuttable presumption against the owner of the
   41  vehicle. The notice must state the time and place or Internet
   42  location where the evidence may be examined and observed.
   43         c. Notwithstanding any other provision of law, a person who
   44  receives a notice of violation under this section shall have the
   45  option of requesting a hearing within 90 days following the date
   46  of delivery or attempted delivery of the notice of violation or
   47  paying the penalty pursuant to the notice of violation, but no
   48  payment or fee may be required before a hearing requested by the
   49  person. The notice of violation must be accompanied by
   50  information on the person’s right to request a hearing and on
   51  all court costs related thereto, and by a form to request a
   52  hearing. For purposes of this subparagraph, the term “person”
   53  includes a natural person, registered owner or coowner of a
   54  motor vehicle, or person identified on an affidavit as having
   55  care, custody, or control of the motor vehicle at the time of
   56  the violation.
   57         d. If the person requests a hearing, the request must be
   58  made to the county or municipality in which the violation
   59  occurred. The municipality in which the violation occurred, or,
   60  if the violation occurred in an unincorporated area, the county
   61  in which the violation occurred, shall forward the request for
   62  hearing and a copy of the citation to the clerk of the circuit
   63  court of the county where the violation occurred.
   64         e. If the registered owner or coowner of the motor vehicle,
   65  or the person designated as having care, custody, or control of
   66  the motor vehicle at the time of the violation, or a duly
   67  authorized representative of the owner, coowner, or designated
   68  person, initiates a proceeding to challenge the delivery or
   69  attempted delivery of the notice of violation pursuant to this
   70  paragraph, such person waives any challenge or dispute as to
   71  delivery.
   72         2. Penalties assessed and collected by the department,
   73  county, or municipality authorized to collect the funds provided
   74  for in this paragraph, less the amount retained by the county or
   75  municipality pursuant to subparagraph 3., shall be paid to the
   76  Department of Revenue weekly. Payment by the department, county,
   77  or municipality to the state shall be made by means of
   78  electronic funds transfers. In addition to the payment, summary
   79  detail of the penalties remitted shall be reported to the
   80  Department of Revenue.
   81         3. Penalties to be assessed and collected by the
   82  department, county, or municipality are as follows:
   83         a. One hundred fifty-eight dollars for a violation of s.
   84  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
   85  stop at a traffic signal if enforcement is by the department’s
   86  traffic infraction enforcement officer. One hundred dollars
   87  shall be remitted to the Department of Revenue for deposit into
   88  the General Revenue Fund, $10 shall be remitted to the
   89  Department of Revenue for deposit into the Department of Health
   90  Emergency Medical Services Trust Fund, $3 shall be remitted to
   91  the Department of Revenue for deposit into the Brain and Spinal
   92  Cord Injury Trust Fund, and $45 shall be distributed to the
   93  municipality in which the violation occurred, or, if the
   94  violation occurred in an unincorporated area, to the county in
   95  which the violation occurred. Funds deposited into the
   96  Department of Health Emergency Medical Services Trust Fund under
   97  this sub-subparagraph shall be distributed as provided in s.
   98  395.4036(1). Proceeds of the infractions in the Brain and Spinal
   99  Cord Injury Trust Fund shall be distributed quarterly to the
  100  Miami Project to Cure Paralysis and shall be used for brain and
  101  spinal cord research.
  102         b. One hundred fifty-eight dollars for a violation of s.
  103  316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
  104  stop at a traffic signal if enforcement is by a county or
  105  municipal traffic infraction enforcement officer. Seventy
  106  dollars shall be remitted by the county or municipality to the
  107  Department of Revenue for deposit into the General Revenue Fund,
  108  $10 shall be remitted to the Department of Revenue for deposit
  109  into the Department of Health Emergency Medical Services Trust
  110  Fund, $3 shall be remitted to the Department of Revenue for
  111  deposit into the Brain and Spinal Cord Injury Trust Fund, and
  112  $75 shall be retained by the county or municipality enforcing
  113  the ordinance enacted pursuant to this section. Funds deposited
  114  into the Department of Health Emergency Medical Services Trust
  115  Fund under this sub-subparagraph shall be distributed as
  116  provided in s. 395.4036(1). Proceeds of the infractions in the
  117  Brain and Spinal Cord Injury Trust Fund shall be distributed
  118  quarterly to the Miami Project to Cure Paralysis and shall be
  119  used for brain and spinal cord research.
  120         4. An individual may not receive a commission from any
  121  revenue collected from violations detected through the use of a
  122  traffic infraction detector. A manufacturer or vendor may not
  123  receive a fee or remuneration based upon the number of
  124  violations detected through the use of a traffic infraction
  125  detector.
  126         (c)1.a. A traffic citation issued under this section shall
  127  be issued by mailing the traffic citation by certified mail to
  128  the address of the registered owner of the motor vehicle
  129  involved in the violation when payment has not been made within
  130  90 30 days after the date of delivery or attempted delivery of
  131  the notification under paragraph (b), the registered owner has
  132  not requested a hearing as permitted by paragraph (b), and the
  133  registered owner has not submitted an affidavit under this
  134  section subparagraph (b)1.
  135         b. Delivery or attempted delivery of the traffic citation
  136  constitutes notification under this paragraph. If the registered
  137  owner or coowner of the motor vehicle, or the person designated
  138  as having care, custody, or control of the motor vehicle at the
  139  time of the violation, or a duly authorized representative of
  140  the owner, coowner, or designated person, initiates a proceeding
  141  to challenge the delivery or attempted delivery of the citation
  142  pursuant to this section, such person waives any challenge or
  143  dispute as to delivery.
  144         c. In the case of joint ownership of a motor vehicle, the
  145  traffic citation shall be mailed to the first name appearing on
  146  the registration, unless the first name appearing on the
  147  registration is a business organization, in which case the
  148  second name appearing on the registration may be used.
  149         d. The traffic citation shall be mailed to the registered
  150  owner of the motor vehicle involved in the violation no later
  151  than 60 days after the date of the violation.
  152         2. Included with the notification to the registered owner
  153  of the motor vehicle involved in the infraction shall be a
  154  notice that the owner has the right to review, either in person
  155  or remotely, the photographic or electronic images or the
  156  streaming video evidence that constitutes a rebuttable
  157  presumption against the owner of the vehicle. The notice must
  158  state the time and place or Internet location where the evidence
  159  may be examined and observed.
  160         (d)1. The owner of the motor vehicle involved in the
  161  violation is responsible and liable for paying the uniform
  162  traffic citation issued for a violation of s. 316.074(1) or s.
  163  316.075(1)(c)1. when the driver failed to stop at a traffic
  164  signal, unless the owner can establish that:
  165         a. The motor vehicle passed through the intersection in
  166  order to yield right-of-way to an emergency vehicle or as part
  167  of a funeral procession;
  168         b. The motor vehicle passed through the intersection at the
  169  direction of a law enforcement officer;
  170         c. The motor vehicle was, at the time of the violation, in
  171  the care, custody, or control of another person;
  172         d. A uniform traffic citation was issued by a law
  173  enforcement officer to the driver of the motor vehicle for the
  174  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
  175         e. The motor vehicle’s owner was deceased on or before the
  176  date that the uniform traffic citation was issued, as
  177  established by an affidavit submitted by the representative of
  178  the motor vehicle owner’s estate or other designated person or
  179  family member.
  180         2. In order to establish such facts, the owner of the motor
  181  vehicle shall, within 30 days after the date of issuance of the
  182  traffic citation, furnish to the appropriate governmental entity
  183  an affidavit setting forth detailed information supporting an
  184  exemption as provided in this paragraph.
  185         a. An affidavit supporting an exemption under sub
  186  subparagraph 1.c. must include the name, address, date of birth,
  187  and, if known, the driver license number of the person who
  188  leased, rented, or otherwise had care, custody, or control of
  189  the motor vehicle at the time of the alleged violation. If the
  190  vehicle was stolen at the time of the alleged offense, the
  191  affidavit must include the police report indicating that the
  192  vehicle was stolen.
  193         b. If a traffic citation for a violation of s. 316.074(1)
  194  or s. 316.075(1)(c)1. was issued at the location of the
  195  violation by a law enforcement officer, the affidavit must
  196  include the serial number of the uniform traffic citation.
  197         c. If the motor vehicle’s owner to whom a traffic citation
  198  has been issued is deceased, the affidavit must include a
  199  certified copy of the owner’s death certificate showing that the
  200  date of death occurred on or before the issuance of the uniform
  201  traffic citation and one of the following:
  202         (I) A bill of sale or other document showing that the
  203  deceased owner’s motor vehicle was sold or transferred after his
  204  or her death, but on or before the date of the alleged
  205  violation.
  206         (II) Documentary proof that the registered license plate
  207  belonging to the deceased owner’s vehicle was returned to the
  208  department or any branch office or authorized agent of the
  209  department, but on or before the date of the alleged violation.
  210         (III) A copy of a police report showing that the deceased
  211  owner’s registered license plate or motor vehicle was stolen
  212  after the owner’s death, but on or before the date of the
  213  alleged violation.
  214  
  215  Upon receipt of the affidavit and documentation required under
  216  this sub-subparagraph, the governmental entity must dismiss the
  217  citation and provide proof of such dismissal to the person that
  218  submitted the affidavit.
  219         3. Upon receipt of an affidavit, the person designated as
  220  having care, custody, or and control of the motor vehicle at the
  221  time of the violation may be issued a notice of violation
  222  pursuant to paragraph (b) traffic citation for a violation of s.
  223  316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
  224  at a traffic signal. The affidavit is admissible in a proceeding
  225  pursuant to this section for the purpose of providing proof that
  226  the person identified in the affidavit was in actual care,
  227  custody, or control of the motor vehicle. The owner of a leased
  228  vehicle for which a traffic citation is issued for a violation
  229  of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
  230  stop at a traffic signal is not responsible for paying the
  231  traffic citation and is not required to submit an affidavit as
  232  specified in this subsection if the motor vehicle involved in
  233  the violation is registered in the name of the lessee of such
  234  motor vehicle.
  235         4. Paragraphs (b) and (c) apply to the person identified on
  236  the affidavit, except that the notification under sub
  237  subparagraph (b)1.a. must be sent to the person identified on
  238  the affidavit within 30 days after receipt of an affidavit.
  239         _5.4. The submission of a false affidavit is a misdemeanor
  240  of the second degree, punishable as provided in s. 775.082 or s.
  241  775.083.
  242         (e) The photographic or electronic images or streaming
  243  video attached to or referenced in the traffic citation is
  244  evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
  245  when the driver failed to stop at a traffic signal has occurred
  246  and is admissible in any proceeding to enforce this section and
  247  raises a rebuttable presumption that the motor vehicle named in
  248  the report or shown in the photographic or electronic images or
  249  streaming video evidence was used in violation of s. 316.074(1)
  250  or s. 316.075(1)(c)1. when the driver failed to stop at a
  251  traffic signal.
  252         Section 6. Paragraph (b) of subsection (2) of section
  253  316.066, Florida Statutes, is amended to read:
  254         316.066 Written reports of crashes.—
  255         (2)
  256         (b) Crash reports held by an agency under paragraph (a) may
  257  be made immediately available to the parties involved in the
  258  crash, their legal representatives, their licensed insurance
  259  agents, their insurers or insurers to which they have applied
  260  for coverage, persons under contract with such insurers to
  261  provide claims or underwriting information, prosecutorial
  262  authorities, law enforcement agencies, the Department of
  263  Transportation, county traffic operations, victim services
  264  programs, radio and television stations licensed by the Federal
  265  Communications Commission, newspapers qualified to publish legal
  266  notices under ss. 50.011 and 50.031, and free newspapers of
  267  general circulation, published once a week or more often,
  268  available and of interest to the public generally for the
  269  dissemination of news. For the purposes of this section, the
  270  following products or publications are not newspapers as
  271  referred to in this section: those intended primarily for
  272  members of a particular profession or occupational group; those
  273  with the primary purpose of distributing advertising; and those
  274  with the primary purpose of publishing names and other personal
  275  identifying information concerning parties to motor vehicle
  276  crashes.
  277         Section 7. Subsections (3) and (4) of section 316.081,
  278  Florida Statutes, are renumbered as subsections (4) and (5),
  279  respectively, and a new subsection (3) is added to that section
  280  to read:
  281         316.081 Driving on right side of roadway; exceptions.—
  282         (3) On a road, street, or highway having two or more lanes
  283  that allow movement in the same direction, a driver may not
  284  continue to operate a motor vehicle at less than the posted
  285  speed limit in the furthermost left-hand lane if the driver
  286  knows or reasonably should know that he or she is being
  287  overtaken in that lane from the rear by a motor vehicle
  288  traveling at a higher rate of speed, except when overtaking and
  289  passing another vehicle proceeding in the same direction or when
  290  preparing for a left turn at an intersection or into a private
  291  road or driveway or traveling at a speed not less than 15 miles
  292  per hour under the posted speed limit.
  293         (4)(3) Upon any roadway having four or more lanes for
  294  moving traffic and providing for two-way movement of traffic, no
  295  vehicle shall be driven to the left of the centerline of the
  296  roadway, except when authorized by official traffic control
  297  devices designating certain lanes to the left side of the center
  298  of the roadway for use by traffic not otherwise permitted to use
  299  such lanes, or except as permitted under paragraph (1)(b).
  300  However, this subsection shall not be construed as prohibiting
  301  the crossing of the centerline in making a left turn into or
  302  from an alley, private road, or driveway.
  303         (5)(4) A violation of this section is a noncriminal traffic
  304  infraction, punishable as a moving violation as provided in
  305  chapter 318.
  306         Section 8. Subsection (1) of section 316.1937, Florida
  307  Statutes, is amended to read:
  308         316.1937 Ignition interlock devices, requiring; unlawful
  309  acts.—
  310         (1) In addition to any other authorized penalties, the
  311  court may require that any person who is convicted of driving
  312  under the influence in violation of s. 316.193 shall not operate
  313  a motor vehicle unless that vehicle is equipped with a
  314  functioning ignition interlock device certified by the
  315  department as provided in s. 316.1938, and installed in such a
  316  manner that the vehicle will not start if the operator’s blood
  317  alcohol level is in excess of 0.025 0.05 percent or as otherwise
  318  specified by the court. The court may require the use of an
  319  approved ignition interlock device for a period of at least not
  320  less than 6 continuous months, if the person is permitted to
  321  operate a motor vehicle, whether or not the privilege to operate
  322  a motor vehicle is restricted, as determined by the court. The
  323  court, however, shall order placement of an ignition interlock
  324  device in those circumstances required by s. 316.193.
  325         Section 9. Paragraph (b) of subsection (1), paragraph (a)
  326  of subsection (4), and subsection (9) of section 316.302,
  327  Florida Statutes, are amended to read:
  328         316.302 Commercial motor vehicles; safety regulations;
  329  transporters and shippers of hazardous materials; enforcement.—
  330         (1)
  331         (b) Except as otherwise provided in this section, all
  332  owners or drivers of commercial motor vehicles that are engaged
  333  in intrastate commerce are subject to the rules and regulations
  334  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  335  the exception of 49 C.F.R. s. 390.5 as it relates to the
  336  definition of bus, as such rules and regulations existed on
  337  December 31, 2012 October 1, 2011.
  338         (4)(a) Except as provided in this subsection, all
  339  commercial motor vehicles transporting any hazardous material on
  340  any road, street, or highway open to the public, whether engaged
  341  in interstate or intrastate commerce, and any person who offers
  342  hazardous materials for such transportation, are subject to the
  343  regulations contained in 49 C.F.R. part 107, subparts F and
  344  subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
  345  Effective July 1, 1997, the exceptions for intrastate motor
  346  carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
  347  adopted.
  348         (9)(a) This section is not applicable to the transporting
  349  of liquefied petroleum gas. The rules and regulations applicable
  350  to the transporting of liquefied petroleum gas on the highways,
  351  roads, or streets of this state shall be only those adopted by
  352  the Department of Agriculture and Consumer Services under
  353  chapter 527. However, transporters of liquefied petroleum gas
  354  must comply with the requirements of 49 C.F.R. parts 393 and
  355  396.9.
  356         (b) This section does not apply to any nonpublic sector
  357  bus.
  358         Section 10. Paragraph (b) of subsection (3) and subsection
  359  (5) of section 316.3025, Florida Statutes, is amended, present
  360  subsection (6) of that section is renumbered as subsection (7),
  361  and a new subsection (6) is added to that section, to read:
  362         316.3025 Penalties.—
  363         (3)
  364         (b) A civil penalty of $100 may be assessed for:
  365         1. Each violation of the North American Uniform Driver Out
  366  of-Service Criteria;
  367         2. A violation of s. 316.302(2)(b) or (c);
  368         3. A violation of 49 C.F.R. s. 392.60; or
  369         4. A violation of the North American Standard Vehicle Out
  370  of-Service Criteria resulting from an inspection of a commercial
  371  motor vehicle involved in a crash; or.
  372         5. A violation of 49 C.F.R. s. 391.41.
  373         (5) Whenever any person or motor carrier as defined in
  374  chapter 320 violates the provisions of this section and becomes
  375  indebted to the state because of such violation and refuses to
  376  pay the appropriate penalty, in addition to the provisions of s.
  377  316.3026, such penalty becomes a lien upon the property
  378  including the motor vehicles of such person or motor carrier and
  379  may be seized and foreclosed by the state in a civil action in
  380  any court of this state. It shall be presumed that the owner of
  381  the motor vehicle is liable for the sum, and the vehicle may be
  382  detained or impounded until the penalty is paid.
  383         (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
  384  prohibits texting while operating a commercial motor vehicle, or
  385  49 C.F.R. s. 392.82, which prohibits using a handheld mobile
  386  telephone while operating a commercial motor vehicle, may be
  387  assessed a civil penalty and commercial driver license
  388  disqualification as follows:
  389         1. First violation: $500.
  390         2. Second violation: $1,000 and a 60-day commercial driver
  391  license disqualification pursuant to 49 C.F.R. part 383.
  392         3. Third and subsequent violations: $2,750 and a 120-day
  393  commercial driver license disqualification pursuant to 49 C.F.R.
  394  part 383.
  395         (b) A company requiring or allowing a driver to violate 49
  396  C.F.R. s. 392.80, which prohibits texting while operating a
  397  commercial motor vehicle, or 49 C.F.R. s. 392.82, which
  398  prohibits using a handheld mobile telephone while operating a
  399  commercial motor vehicle, may, in addition to any other penalty
  400  assessed, be assessed the following civil penalty. The driver
  401  shall not be charged with an offense for the first violation
  402  under this paragraph by the company.
  403         1. First violation: $2,750.
  404         2. Second violation: $5,000.
  405         3. Third and subsequent violations: $11,000.
  406         Section 11. Paragraph (a) of subsection (3) and paragraph
  407  (c) of subsection (5) of section 316.515, Florida Statutes, is
  408  amended to read:
  409         316.515 Maximum width, height, length.—
  410         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  411  section, length limitations apply solely to a semitrailer or
  412  trailer, and not to a truck tractor or to the overall length of
  413  a combination of vehicles. No combination of commercial motor
  414  vehicles coupled together and operating on the public roads may
  415  consist of more than one truck tractor and two trailing units.
  416  Unless otherwise specifically provided for in this section, a
  417  combination of vehicles not qualifying as commercial motor
  418  vehicles may consist of no more than two units coupled together;
  419  such nonqualifying combination of vehicles may not exceed a
  420  total length of 65 feet, inclusive of the load carried thereon,
  421  but exclusive of safety and energy conservation devices approved
  422  by the department for use on vehicles using public roads.
  423  Notwithstanding any other provision of this section, a truck
  424  tractor-semitrailer combination engaged in the transportation of
  425  automobiles or boats may transport motor vehicles or boats on
  426  part of the power unit; and, except as may otherwise be mandated
  427  under federal law, an automobile or boat transporter semitrailer
  428  may not exceed 50 feet in length, exclusive of the load;
  429  however, the load may extend up to an additional 6 feet beyond
  430  the rear of the trailer. The 50-feet length limitation does not
  431  apply to non-stinger-steered automobile or boat transporters
  432  that are 65 feet or less in overall length, exclusive of the
  433  load carried thereon, or to stinger-steered automobile or boat
  434  transporters that are 75 feet or less in overall length,
  435  exclusive of the load carried thereon. For purposes of this
  436  subsection, a “stinger-steered automobile or boat transporter”
  437  is an automobile or boat transporter configured as a semitrailer
  438  combination wherein the fifth wheel is located on a drop frame
  439  located behind and below the rearmost axle of the power unit.
  440  Notwithstanding paragraphs (a) and (b), any straight truck or
  441  truck tractor-semitrailer combination engaged in the
  442  transportation of horticultural trees may allow the load to
  443  extend up to an additional 10 feet beyond the rear of the
  444  vehicle, provided said trees are resting against a retaining bar
  445  mounted above the truck bed so that the root balls of the trees
  446  rest on the floor and to the front of the truck bed and the tops
  447  of the trees extend up over and to the rear of the truck bed,
  448  and provided the overhanging portion of the load is covered with
  449  protective fabric.
  450         (a) Straight trucks.—A straight truck may not exceed a
  451  length of 40 feet in extreme overall dimension, exclusive of
  452  safety and energy conservation devices approved by the
  453  department for use on vehicles using public roads. A straight
  454  truck may attach a forklift to the rear of the cargo bed,
  455  provided the overall combined length of the vehicle and the
  456  forklift does not exceed 50 feet. A straight truck may tow no
  457  more than one trailer, and the overall length of the truck
  458  trailer combination may not exceed 68 feet, including the load
  459  thereon. Notwithstanding any other provisions of this section, a
  460  truck-trailer combination engaged in the transportation of
  461  boats, or boat trailers whose design dictates a front-to-rear
  462  stacking method may not exceed the length limitations of this
  463  paragraph exclusive of the load; however, the load may extend up
  464  to an additional 6 feet beyond the rear of the trailer.
  465         (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
  466  AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
  467         (c) The width and height limitations of this section do not
  468  apply to farming or agricultural equipment, whether self
  469  propelled, pulled, or hauled, when temporarily operated during
  470  daylight hours upon a public road that is not a limited access
  471  facility as defined in s. 334.03(12), and the width and height
  472  limitations may be exceeded by such equipment without a permit.
  473  To be eligible for this exemption, the equipment shall be
  474  operated within a radius of 50 miles of the real property owned,
  475  rented, managed, harvested, or leased by the equipment owner.
  476  However, equipment being delivered by a dealer to a purchaser is
  477  not subject to the 50-mile limitation. Farming or agricultural
  478  equipment greater than 174 inches in width must have one warning
  479  lamp mounted on each side of the equipment to denote the width
  480  and must have a slow-moving vehicle sign. Warning lamps required
  481  by this paragraph must be visible from the front and rear of the
  482  vehicle and must be visible from a distance of at least 1,000
  483  feet.
  484  
  485  
  486  ================= T I T L E  A M E N D M E N T ================
  487         And the title is amended as follows:
  488         Delete lines 9 - 45
  489  and insert:
  490         vehicle”; amending s. 316.0083, F.S,; revising
  491         provisions for enforcement of specified provisions
  492         using a traffic infraction detector; revising
  493         notification of violation requirements; providing that
  494         a recipient of a notice of violation may request a
  495         hearing; providing that initiating a proceeding to
  496         challenge the delivery or attempted delivery of the
  497         notice of violation or a citation waives any challenge
  498         or dispute as to delivery; revising provisions for
  499         issuance of a citation; revising provisions for
  500         enforcement when a person other than the owner is
  501         designated as having care, custody, or control of the
  502         motor vehicle at the time of the violation; providing
  503         that specified provisions for notice of violation
  504         apply to such designated person; amending s. 316.066,
  505         F.S., authorizing the Department of Transportation to
  506         immediately receive a crash report; amending s.
  507         316.081, F.S.; prohibiting a driver from driving at
  508         less than the posted speed in the furthermost left
  509         hand lane of road, street, or highway having two or
  510         more lanes if being overtaken by a motor vehicle ;
  511         providing exceptions; providing penalties; amending s.
  512         316.1937, F.S., revising operational specifications
  513         for ignition interlock devices; amending 316.302,
  514         F.S., revising provisions for certain commercial motor
  515         vehicles and transporters and shippers of hazardous
  516         materials; providing for application of specified
  517         federal regulations; removing a provision for
  518         application of specified provisions and federal
  519         regulations to transporting liquefied petroleum gas;
  520         amending s. 316.3025, F.S.; refusal to pay penalty;
  521         providing penalties for violation of specified federal
  522         regulations relating to commercial drivers and the use
  523         of mobile telephones and texting while driving a
  524         commercial motor vehicle; amending s. 316.515, F.S.,
  525         revising the maximum allowable length of certain
  526         vehicle combinations; expanding an exemption from
  527         width and height limitations to farming and
  528         agricultural equipment operated in a certain proximity
  529         to real property that is managed or harvested by the
  530         equipment owner; amending