Florida Senate - 2018                             CS for SB 1104
       
       
        
       By the Committee on Transportation; and Senator Brandes
       
       
       
       
       
       596-02193-18                                          20181104c1
    1                        A bill to be entitled                      
    2         An act relating to commercial motor vehicles; amending
    3         s. 316.003, F.S.; deleting the term “driver-assistive
    4         truck platooning technology”; defining the term
    5         “platoon”; repealing s. 316.0896, F.S., relating to
    6         the assistive truck platooning technology pilot
    7         project; creating s. 316.0897, F.S.; exempting the
    8         operator of a non-lead vehicle in a platoon from a
    9         specified provision; authorizing a platoon to be
   10         operated on a roadway in this state after an operator
   11         provides notification to the Department of
   12         Transportation and the Department of Highway Safety
   13         and Motor Vehicles; amending s. 316.302, F.S.;
   14         revising regulations to which owners and drivers of
   15         commercial motor vehicles are subject; delaying the
   16         requirement for electronic logging devices and support
   17         documents for certain intrastate motor carriers;
   18         deleting a limitation on a civil penalty for
   19         falsification of certain time records; deleting a
   20         requirement that a motor carrier maintain certain
   21         documentation of driving times; providing an exemption
   22         from specified provisions for a person who operates a
   23         commercial motor vehicle with a certain gross vehicle
   24         weight, gross vehicle weight rating, and gross
   25         combined weight rating; deleting the exemption from
   26         such provisions for a person transporting petroleum
   27         products; amending s. 316.303, F.S.; conforming a
   28         provision to changes made by the act; amending s.
   29         320.01, F.S.; revising the definition of the term
   30         “apportionable vehicle”; amending s. 320.06, F.S.;
   31         requiring a vehicle that has an apportioned
   32         registration to be issued, before a specified date, an
   33         annual license plate and a cab card denoting the
   34         declared gross vehicle weight; providing requirements,
   35         beginning on a specified date, for license plates, cab
   36         cards, and validation stickers for vehicles registered
   37         in accordance with the International Registration
   38         Plan; providing a specified fee for initial and
   39         renewed validation stickers; requiring the fee to be
   40         deposited into the Highway Safety Operating Trust
   41         Fund; authorizing a damaged or worn license plate to
   42         be replaced at no charge under certain circumstances;
   43         providing an exception to the design of dealer license
   44         plates for specialty license plates; amending s.
   45         320.0607, F.S.; providing an exemption, beginning on a
   46         specified date, from a certain fee for vehicles
   47         registered under the International Registration Plan;
   48         amending s. 320.0657, F.S.; providing an exception to
   49         the design of fleet license plates for specialty
   50         license plates; authorizing fleet companies to
   51         purchase specialty license plates in lieu of the
   52         standard fleet license plates for additional specified
   53         fees; requiring fleet companies to be responsible for
   54         all costs associated with the specialty license plate;
   55         amending s. 320.08, F.S.; authorizing dealers to
   56         purchase specialty license plates in lieu of the
   57         standard graphic dealer license plates for additional
   58         specified fees; requiring dealers to be responsible
   59         for all costs associated with the specialty license
   60         plate; amending s. 320.08056, F.S.; allowing the
   61         Department of Highway Safety and Motor Vehicles to
   62         authorize dealer and fleet specialty license plates;
   63         authorizing a dealer or fleet company to purchase
   64         specialty license plates to be used on dealer and
   65         fleet vehicles with the permission of the sponsoring
   66         specialty license plate organization; requiring a
   67         dealer or fleet specialty license plate to include
   68         specified letters on the right side of the license
   69         plate; requiring dealer and fleet specialty license
   70         plates to be ordered directly through the department;
   71         amending s. 320.131, F.S.; authorizing, beginning on a
   72         specified date, the department to partner with a
   73         county tax collector to conduct a Fleet Vehicle
   74         Temporary Tag pilot program, subject to certain
   75         requirements; providing for future repeal; amending s.
   76         812.014, F.S.; providing a criminal penalty for an
   77         offender committing grand theft who uses a device to
   78         interfere with a global positioning or similar system;
   79         providing an effective date.
   80          
   81  Be It Enacted by the Legislature of the State of Florida:
   82  
   83         Section 1. Present subsection (20) is amended, present
   84  subsections (21) through (52) of section 316.003, Florida
   85  Statutes, are renumbered as subsections (20) through (51),
   86  respectively, and a new subsection (52) is added to that
   87  section, to read:
   88         316.003 Definitions.—The following words and phrases, when
   89  used in this chapter, shall have the meanings respectively
   90  ascribed to them in this section, except where the context
   91  otherwise requires:
   92         (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
   93  automation and safety technology that integrates sensor array,
   94  wireless vehicle-to-vehicle communications, active safety
   95  systems, and specialized software to link safety systems and
   96  synchronize acceleration and braking between two vehicles while
   97  leaving each vehicle’s steering control and systems command in
   98  the control of the vehicle’s driver in compliance with the
   99  National Highway Traffic Safety Administration rules regarding
  100  vehicle-to-vehicle communications.
  101         (52) PLATOON.—A group of individual motor vehicles
  102  traveling in a unified manner at electronically coordinated
  103  speeds at following distances that are closer than defined under
  104  s. 316.0895(2).
  105         Section 2. Section 316.0896, Florida Statutes, is repealed.
  106         Section 3. Section 316.0897, Florida Statutes, is created
  107  to read:
  108         316.0897 Platoons.—
  109         (1) Section 316.0895 does not apply to the operator of a
  110  non-lead vehicle in a platoon, as defined in s. 316.003.
  111         (2) A platoon may be operated on a roadway in this state
  112  after an operator provides notification to the Department of
  113  Transportation and the Department of Highway Safety and Motor
  114  Vehicles.
  115         Section 4. Subsection (1) and paragraphs (a), (c), (d), and
  116  (f) of subsection (2) of section 316.302, Florida Statutes, are
  117  amended to read:
  118         316.302 Commercial motor vehicles; safety regulations;
  119  transporters and shippers of hazardous materials; enforcement.—
  120         (1) Except as otherwise provided in subsection (3):
  121         (a) All owners and drivers of commercial motor vehicles
  122  that are operated on the public highways of this state while
  123  engaged in interstate commerce are subject to the rules and
  124  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  125         (b) Except as otherwise provided in this section, all
  126  owners or drivers of commercial motor vehicles that are engaged
  127  in intrastate commerce are subject to the rules and regulations
  128  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  129  the exception of 49 C.F.R. s. 390.5 as it relates to the
  130  definition of bus, as such rules and regulations existed on
  131  December 31, 2017 2012.
  132         (c) The emergency exceptions provided by 49 C.F.R. s.
  133  392.82 also apply to communications by utility drivers and
  134  utility contractor drivers during a Level 1 activation of the
  135  State Emergency Operations Center, as provided in the Florida
  136  Comprehensive Emergency Management plan, or during a state of
  137  emergency declared by executive order or proclamation of the
  138  Governor.
  139         (d) Except as provided in s. 316.215(5), and except as
  140  provided in s. 316.228 for rear overhang lighting and flagging
  141  requirements for intrastate operations, the requirements of this
  142  section supersede all other safety requirements of this chapter
  143  for commercial motor vehicles.
  144         (e) For motor carriers engaged in intrastate commerce who
  145  are not carrying hazardous materials in amounts that require
  146  placards, the requirement for electronic logging devices and
  147  hours of service support documents shall take effect December
  148  31, 2019.
  149         (2)(a) A person who operates a commercial motor vehicle
  150  solely in intrastate commerce not transporting any hazardous
  151  material in amounts that require placarding pursuant to 49
  152  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  153  and 395.3 395.3(a) and (b).
  154         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  155  operates a commercial motor vehicle solely in intrastate
  156  commerce not transporting any hazardous material in amounts that
  157  require placarding pursuant to 49 C.F.R. part 172 may not drive
  158  after having been on duty more than 70 hours in any period of 7
  159  consecutive days or more than 80 hours in any period of 8
  160  consecutive days if the motor carrier operates every day of the
  161  week. Thirty-four consecutive hours off duty shall constitute
  162  the end of any such period of 7 or 8 consecutive days. This
  163  weekly limit does not apply to a person who operates a
  164  commercial motor vehicle solely within this state while
  165  transporting, during harvest periods, any unprocessed
  166  agricultural products or unprocessed food or fiber that is
  167  subject to seasonal harvesting from place of harvest to the
  168  first place of processing or storage or from place of harvest
  169  directly to market or while transporting livestock, livestock
  170  feed, or farm supplies directly related to growing or harvesting
  171  agricultural products. Upon request of the Department of Highway
  172  Safety and Motor Vehicles, motor carriers shall furnish time
  173  records or other written verification to that department so that
  174  the Department of Highway Safety and Motor Vehicles can
  175  determine compliance with this subsection. These time records
  176  must be furnished to the Department of Highway Safety and Motor
  177  Vehicles within 2 days after receipt of that department’s
  178  request. Falsification of such information is subject to a civil
  179  penalty not to exceed $100. The provisions of This paragraph
  180  does do not apply to operators of farm labor vehicles operated
  181  during a state of emergency declared by the Governor or operated
  182  pursuant to s. 570.07(21), and does do not apply to drivers of
  183  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  184         (d) A person who operates a commercial motor vehicle solely
  185  in intrastate commerce not transporting any hazardous material
  186  in amounts that require placarding pursuant to 49 C.F.R. part
  187  172 within a 150 air-mile radius of the location where the
  188  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  189  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  190  395.1(e)(1)(iii) and (v) are met. If a driver is not released
  191  from duty within 12 hours after the driver arrives for duty, the
  192  motor carrier must maintain documentation of the driver’s
  193  driving times throughout the duty period.
  194         (f) A person who operates a commercial motor vehicle having
  195  a declared gross vehicle weight, gross vehicle weight rating,
  196  and gross combined weight rating of less than 26,001 pounds
  197  solely in intrastate commerce and who is not transporting
  198  hazardous materials in amounts that require placarding pursuant
  199  to 49 C.F.R. part 172, or who is transporting petroleum products
  200  as defined in s. 376.301, is exempt from subsection (1).
  201  However, such person must comply with 49 C.F.R. parts 382, 392,
  202  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  203         Section 5. Subsection (3) of section 316.303, Florida
  204  Statutes, is amended to read:
  205         316.303 Television receivers.—
  206         (3) This section does not prohibit the use of an electronic
  207  display used in conjunction with a vehicle navigation system; an
  208  electronic display used by an operator of a vehicle equipped
  209  with autonomous technology, as defined in s. 316.003; or an
  210  electronic display used by an operator of a platoon vehicle
  211  equipped and operating with driver-assistive truck platooning
  212  technology, as defined in s. 316.003.
  213         Section 6. Subsection (24) of section 320.01, Florida
  214  Statutes, is amended to read:
  215         320.01 Definitions, general.—As used in the Florida
  216  Statutes, except as otherwise provided, the term:
  217         (24) “Apportionable vehicle” means any vehicle, except
  218  recreational vehicles, vehicles displaying restricted plates,
  219  city pickup and delivery vehicles, buses used in transportation
  220  of chartered parties, and government-owned vehicles, which is
  221  used or intended for use in two or more member jurisdictions
  222  that allocate or proportionally register vehicles and which is
  223  used for the transportation of persons for hire or is designed,
  224  used, or maintained primarily for the transportation of property
  225  and:
  226         (a) Is a power unit having a gross vehicle weight in excess
  227  of 26,000 pounds;
  228         (b) Is a power unit having three or more axles, regardless
  229  of weight; or
  230         (c) Is used in combination, when the weight of such
  231  combination exceeds 26,000 pounds gross vehicle weight.
  232  
  233  Vehicles, or combinations thereof, having a gross vehicle weight
  234  of 26,000 pounds or less and two-axle vehicles may be
  235  proportionally registered.
  236         Section 7. Paragraph (b) of subsection (1) and paragraph
  237  (a) of subsection (3) of section 320.06, Florida Statutes, are
  238  amended to read:
  239         320.06 Registration certificates, license plates, and
  240  validation stickers generally.—
  241         (1)
  242         (b)1. Registration license plates bearing a graphic symbol
  243  and the alphanumeric system of identification shall be issued
  244  for a 10-year period. At the end of the 10-year period, upon
  245  renewal, the plate shall be replaced. The department shall
  246  extend the scheduled license plate replacement date from a 6
  247  year period to a 10-year period. The fee for such replacement is
  248  $28, $2.80 of which shall be paid each year before the plate is
  249  replaced, to be credited toward the next $28 replacement fee.
  250  The fees shall be deposited into the Highway Safety Operating
  251  Trust Fund. A credit or refund may not be given for any prior
  252  years’ payments of the prorated replacement fee if the plate is
  253  replaced or surrendered before the end of the 10-year period,
  254  except that a credit may be given if a registrant is required by
  255  the department to replace a license plate under s.
  256  320.08056(8)(a). With each license plate, a validation sticker
  257  shall be issued showing the owner’s birth month, license plate
  258  number, and the year of expiration or the appropriate renewal
  259  period if the owner is not a natural person. The validation
  260  sticker shall be placed on the upper right corner of the license
  261  plate. The license plate and validation sticker shall be issued
  262  based on the applicant’s appropriate renewal period. The
  263  registration period is 12 months, the extended registration
  264  period is 24 months, and all expirations occur based on the
  265  applicant’s appropriate registration period.
  266         2. Before October 1, 2019, a vehicle that has an
  267  apportioned registration shall be issued an annual license plate
  268  and a cab card denoting that denote the declared gross vehicle
  269  weight for each apportioned jurisdiction in which the vehicle is
  270  authorized to operate.
  271         3. Beginning October 1, 2019, a vehicle registered in
  272  accordance with the International Registration Plan shall be
  273  issued a license plate for a 5-year period, an annual cab card
  274  denoting the declared gross vehicle weight, and an annual
  275  validation sticker showing the month and year of expiration. The
  276  validation sticker shall be placed in the center of the license
  277  plate. The license plate and validation sticker shall be issued
  278  based on the applicant’s appropriate renewal period. The fee for
  279  the initial validation sticker and any renewed validation
  280  sticker is $28. This fee shall be deposited into the Highway
  281  Safety Operating Trust Fund. A damaged or worn license plate may
  282  be replaced at no charge by applying to the department and
  283  surrendering the current license plate.
  284         4.2. In order to retain the efficient administration of the
  285  taxes and fees imposed by this chapter, the 80-cent fee increase
  286  in the replacement fee imposed by chapter 2009-71, Laws of
  287  Florida, is negated as provided in s. 320.0804.
  288         (3)(a) Registration license plates must be made of metal
  289  specially treated with a retroreflection material, as specified
  290  by the department. The registration license plate is designed to
  291  increase nighttime visibility and legibility and must be at
  292  least 6 inches wide and not less than 12 inches in length,
  293  unless a plate with reduced dimensions is deemed necessary by
  294  the department to accommodate motorcycles, mopeds, or similar
  295  smaller vehicles. Validation stickers must also be treated with
  296  a retroreflection material, must be of such size as specified by
  297  the department, and must adhere to the license plate. The
  298  registration license plate must be imprinted with a combination
  299  of bold letters and numerals or numerals, not to exceed seven
  300  digits, to identify the registration license plate number. The
  301  license plate must be imprinted with the word “Florida” at the
  302  top and the name of the county in which it is sold, the state
  303  motto, or the words “Sunshine State” at the bottom. Apportioned
  304  license plates must have the word “Apportioned” at the bottom
  305  and license plates issued for vehicles taxed under s.
  306  320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
  307  the word “Restricted” at the bottom. License plates issued for
  308  vehicles taxed under s. 320.08(12) must be imprinted with the
  309  word “Florida” at the top and the word “Dealer” at the bottom
  310  unless the license plate is a specialty license plate as
  311  authorized in s. 320.08056. Manufacturer license plates issued
  312  for vehicles taxed under s. 320.08(12) must be imprinted with
  313  the word “Florida” at the top and the word “Manufacturer” at the
  314  bottom. License plates issued for vehicles taxed under s.
  315  320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
  316  the bottom. Any county may, upon majority vote of the county
  317  commission, elect to have the county name removed from the
  318  license plates sold in that county. The state motto or the words
  319  “Sunshine State” shall be printed in lieu thereof. A license
  320  plate issued for a vehicle taxed under s. 320.08(6) may not be
  321  assigned a registration license number, or be issued with any
  322  other distinctive character or designation, that distinguishes
  323  the motor vehicle as a for-hire motor vehicle.
  324         Section 8. Subsection (5) of section 320.0607, Florida
  325  Statutes, is amended to read:
  326         320.0607 Replacement license plates, validation decal, or
  327  mobile home sticker.—
  328         (5) Upon the issuance of an original license plate, the
  329  applicant shall pay a fee of $28 to be deposited in the Highway
  330  Safety Operating Trust Fund. Beginning October 1, 2019, this
  331  subsection does not apply to a vehicle registered under the
  332  International Registration Plan.
  333         Section 9. Paragraph (b) of subsection (2) of section
  334  320.0657, Florida Statutes, is amended to read:
  335         320.0657 Permanent registration; fleet license plates.—
  336         (2)
  337         (b) The plates, which shall be of a distinctive color,
  338  shall have the word “Fleet” appearing at the bottom and the word
  339  “Florida” appearing at the top unless the license plate is a
  340  specialty license plate as authorized in s. 320.08056. The
  341  plates shall conform in all respects to the provisions of this
  342  chapter, except as specified herein. For additional fees as set
  343  forth in s. 320.08056, fleet companies may purchase specialty
  344  license plates in lieu of the standard fleet license plates.
  345  Fleet companies shall be responsible for all costs associated
  346  with the specialty license plate, including all annual use fees,
  347  processing fees, fees associated with switching license plate
  348  types, and any other applicable fees.
  349         Section 10. Subsection (12) of section 320.08, Florida
  350  Statutes, is amended to read:
  351         320.08 License taxes.—Except as otherwise provided herein,
  352  there are hereby levied and imposed annual license taxes for the
  353  operation of motor vehicles, mopeds, motorized bicycles as
  354  defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
  355  and mobile homes as defined in s. 320.01, which shall be paid to
  356  and collected by the department or its agent upon the
  357  registration or renewal of registration of the following:
  358         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  359  motor vehicle dealer, independent motor vehicle dealer, marine
  360  boat trailer dealer, or mobile home dealer and manufacturer
  361  license plate: $17 flat, of which $4.50 shall be deposited into
  362  the General Revenue Fund. For additional fees as set forth in s.
  363  320.08056, dealers may purchase specialty license plates in lieu
  364  of the standard graphic dealer license plates. Dealers shall be
  365  responsible for all costs associated with the specialty license
  366  plate, including all annual use fees, processing fees, fees
  367  associated with switching license plate types, and any other
  368  applicable fees.
  369         Section 11. Subsection (2) of section 320.08056, Florida
  370  Statutes, is amended to read:
  371         320.08056 Specialty license plates.—
  372         (2)(a) The department shall issue a specialty license plate
  373  to the owner or lessee of any motor vehicle, except a vehicle
  374  registered under the International Registration Plan, a
  375  commercial truck required to display two license plates pursuant
  376  to s. 320.0706, or a truck tractor, upon request and payment of
  377  the appropriate license tax and fees.
  378         (b)The department may authorize dealer and fleet specialty
  379  license plates. With the permission of the sponsoring specialty
  380  license plate organization, a dealer or fleet company may
  381  purchase specialty license plates to be used on dealer and fleet
  382  vehicles.
  383         (c)Notwithstanding s. 320.08058, a dealer or fleet
  384  specialty license plate must include the letters “DLR” or “FLT”
  385  on the right side of the license plate. Dealer and fleet
  386  specialty license plates must be ordered directly through the
  387  department.
  388         Section 12. Subsection (10) is added to section 320.131,
  389  Florida Statutes, to read:
  390         320.131 Temporary tags.—
  391         (10) Beginning October 1, 2018, the department may partner
  392  with a county tax collector to conduct a Fleet Vehicle Temporary
  393  Tag pilot program to provide temporary tags to fleet companies
  394  to allow them to operate fleet vehicles awaiting a permanent
  395  registration and title.
  396         (a) The department shall establish a memorandum of
  397  understanding that allows a maximum of three companies to
  398  participate in the pilot program and receive multiple temporary
  399  tags for company fleet vehicles.
  400         (b) To participate in the program a fleet company must have
  401  a minimum of 3,500 fleet vehicles registered in this state which
  402  qualify to be registered as fleet vehicles pursuant to s.
  403  320.0657.
  404         (c) The department may issue up to 50 temporary tags at a
  405  time to an eligible fleet company, if requested by such company.
  406         (d) The temporary tags are for exclusive use on a vehicle
  407  purchased for the company’s fleet, and may not be used on any
  408  other vehicle.
  409         (e) Each temporary plate may be used on only one vehicle
  410  and each vehicle may only use one temporary plate.
  411         (f) Upon issuance of the vehicle’s permanent license plate
  412  and registration, the temporary tag becomes invalid and must be
  413  removed from the vehicle and destroyed.
  414         (g) Upon a finding by the department that a temporary tag
  415  has been misused by a fleet company under this program, the
  416  department may terminate the memorandum of understanding with
  417  the company, invalidate all temporary tags issued to the company
  418  under the program, and require such company to return any unused
  419  temporary tags.
  420         (h) This subsection is repealed on October 1, 2021, unless
  421  saved from repeal through reenactment by the Legislature.
  422         Section 13. Paragraph (a) of subsection (2) of section
  423  812.014, Florida Statutes, is amended to read:
  424         812.014 Theft.—
  425         (2)(a)1. If the property stolen is valued at $100,000 or
  426  more or is a semitrailer that was deployed by a law enforcement
  427  officer; or
  428         2. If the property stolen is cargo valued at $50,000 or
  429  more that has entered the stream of interstate or intrastate
  430  commerce from the shipper’s loading platform to the consignee’s
  431  receiving dock; or
  432         3. If the offender commits any grand theft and:
  433         a. In the course of committing the offense the offender
  434  uses a motor vehicle as an instrumentality, other than merely as
  435  a getaway vehicle, to assist in committing the offense and
  436  thereby damages the real property of another; or
  437         b. In the course of committing the offense the offender
  438  causes damage to the real or personal property of another in
  439  excess of $1,000; or
  440         c. In the course of committing the offense the offender
  441  uses any type of device to defeat, block, disable, jam, or
  442  interfere with a global positioning system or similar system
  443  designed to identify the location of the cargo or the vehicle or
  444  trailer carrying the cargo,
  445  
  446  the offender commits grand theft in the first degree, punishable
  447  as a felony of the first degree, as provided in s. 775.082, s.
  448  775.083, or s. 775.084.
  449         Section 14. This act shall take effect October 1, 2018.