Florida Senate - 2016                                    SB 1394
       
       
        
       By Senator Brandes
       
       22-01592B-16                                          20161394__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.003, F.S.;
    4         defining the terms “service patrol vehicle” and
    5         “driver-assistive truck platooning technology”;
    6         amending s. 316.0895, F.S.; providing that provisions
    7         prohibiting a driver from following certain vehicles
    8         within a specified distance do not apply to truck
    9         tractor-semitrailer combinations under certain
   10         circumstances; amending s. 316.126, F.S.; requiring
   11         the driver of every other vehicle to take specified
   12         actions if a utility service vehicle displaying any
   13         visual signals or a service patrol vehicle displaying
   14         amber rotating or flashing lights is performing
   15         certain tasks on the roadside; amending s. 316.303,
   16         F.S.; providing exceptions to the prohibition against
   17         certain television-type receiving equipment in
   18         vehicles; amending s. 316.613, F.S.; revising the
   19         exceptions to the requirement that a motor vehicle
   20         operator use a child restraint device under certain
   21         circumstances; revising the definition of the term
   22         “motor vehicle”; amending s. 320.02, F.S.; increasing
   23         the timeframe within which the owner of any motor
   24         vehicle registered in the state must notify the
   25         department of a change of address; providing
   26         exceptions to such notification; amending s. 320.055,
   27         F.S.; revising the renewal period for certain motor
   28         vehicles subject to registration; amending s. 320.07,
   29         F.S.; revising the expiration date of registrations of
   30         motor vehicles or mobile homes for owners who are
   31         natural persons and the date after which an owner may
   32         not operate an unregistered vehicle on the roads of
   33         this state; amending s. 322.051, F.S.; requiring the
   34         department to issue or renew an identification card to
   35         certain juvenile offenders; requiring that the
   36         department’s mobile issuing units process certain
   37         identification cards; amending s. 322.19, F.S.;
   38         increasing the timeframe within which certain persons
   39         must obtain a replacement driver license or
   40         identification card that reflects a change in his or
   41         her legal name; providing exceptions to such
   42         requirement; increasing the timeframe within which
   43         certain persons must obtain a replacement driver
   44         license or identification card that reflects a change
   45         in the legal residence or mailing address in his or
   46         her application, license, or card; amending s. 322.21,
   47         F.S.; exempting certain juvenile offenders from a
   48         specified fee for an original, renewal, or replacement
   49         identification card; amending s. 322.221, F.S.;
   50         requiring the department to issue an identification
   51         card at no cost at the time a person’s driver license
   52         is suspended or revoked due to his or her physical or
   53         mental condition; providing an effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Subsections (94) and (95) are added to section
   58  316.003, Florida Statutes, to read:
   59         316.003 Definitions.—The following words and phrases, when
   60  used in this chapter, shall have the meanings respectively
   61  ascribed to them in this section, except where the context
   62  otherwise requires:
   63         (94) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
   64  emblem or markings with the wording “SERVICE VEHICLE” which is
   65  visible from the roadway and clearly indicates that the vehicle
   66  belongs to or is under contract with a person, an entity, a
   67  cooperative, a board, a commission, a district, or a unit of
   68  government that provides highway assistance services to
   69  motorists, clears travel lanes, or provides temporary
   70  maintenance of traffic support for incident response operations.
   71         (95) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
   72  automation technology that integrates a sensor array, wireless
   73  communications, vehicle controls, and specialized software to
   74  synchronize the acceleration and braking between no more than
   75  two truck tractor-semitrailer combinations, while leaving each
   76  vehicle’s steering control and systems command in the control of
   77  the vehicle’s driver.
   78         Section 2. Subsection (2) of section 316.0895, Florida
   79  Statutes, is amended to read:
   80         316.0895 Following too closely.—
   81         (2) It is unlawful for the driver of any motor truck, motor
   82  truck drawing another vehicle, or vehicle towing another vehicle
   83  or trailer, when traveling upon a roadway outside of a business
   84  or residence district, to follow within 300 feet of another
   85  motor truck, motor truck drawing another vehicle, or vehicle
   86  towing another vehicle or trailer. The provisions of This
   87  subsection may shall not be construed to prevent overtaking and
   88  passing, nor does it nor shall the same apply upon any lane
   89  specially designated for use by motor trucks or other slow
   90  moving vehicles. This subsection does not apply to two truck
   91  tractor-semitrailer combinations equipped and connected with
   92  driver-assistive truck platooning technology, as defined in s.
   93  316.003, and operating on a multilane limited access facility,
   94  if:
   95         (a) The owner or operator first submits to the department
   96  an instrument of insurance, a surety bond, or proof of self
   97  insurance acceptable to the department in the amount of $1
   98  million;
   99         (b) The vehicles are equipped with an external indication,
  100  visible to surrounding motorists, that the vehicles are engaged
  101  in truck platooning; and
  102         (c) The vehicles are not required to be placarded pursuant
  103  to 49 C.F.R. parts 171-179.
  104         Section 3. Section 316.126, Florida Statutes, is amended to
  105  read:
  106         316.126 Operation of vehicles and actions of pedestrians on
  107  approach of an authorized emergency, sanitation, or utility
  108  service vehicle, or service patrol vehicle.—
  109         (1)(a) Upon the immediate approach of an authorized
  110  emergency vehicle, while en route to meet an existing emergency,
  111  the driver of every other vehicle shall, when such emergency
  112  vehicle is giving audible signals by siren, exhaust whistle, or
  113  other adequate device, or visible signals by the use of
  114  displayed blue or red lights, yield the right-of-way to the
  115  emergency vehicle and shall immediately proceed to a position
  116  parallel to, and as close as reasonable to the closest edge of
  117  the curb of the roadway, clear of any intersection and shall
  118  stop and remain in position until the authorized emergency
  119  vehicle has passed, unless otherwise directed by a law
  120  enforcement officer.
  121         (b) If an authorized emergency vehicle displaying any
  122  visual signals is parked on the roadside, a sanitation vehicle
  123  is performing a task related to the provision of sanitation
  124  services on the roadside, a utility service vehicle displaying
  125  any visual signals is performing a task related to the provision
  126  of utility services on the roadside, or a wrecker displaying
  127  amber rotating or flashing lights is performing a recovery or
  128  loading on the roadside, or a service patrol vehicle displaying
  129  amber rotating or flashing lights is performing official duties
  130  or services on the roadside, the driver of every other vehicle,
  131  as soon as it is safe:
  132         1. Shall vacate the lane closest to the emergency vehicle,
  133  sanitation vehicle, utility service vehicle, or wrecker, or
  134  service patrol vehicle when driving on an interstate highway or
  135  other highway with two or more lanes traveling in the direction
  136  of the emergency vehicle, sanitation vehicle, utility service
  137  vehicle, or wrecker, or service patrol vehicle except when
  138  otherwise directed by a law enforcement officer. If such
  139  movement cannot be safely accomplished, the driver shall reduce
  140  speed as provided in subparagraph 2.
  141         2. Shall slow to a speed that is 20 miles per hour less
  142  than the posted speed limit when the posted speed limit is 25
  143  miles per hour or greater; or travel at 5 miles per hour when
  144  the posted speed limit is 20 miles per hour or less, when
  145  driving on a two-lane road, except when otherwise directed by a
  146  law enforcement officer.
  147         (c) The Department of Highway Safety and Motor Vehicles
  148  shall provide an educational awareness campaign informing the
  149  motoring public about the Move Over Act. The department shall
  150  provide information about the Move Over Act in all newly printed
  151  driver license educational materials.
  152         (2) Every pedestrian using the road right-of-way shall
  153  yield the right-of-way until the authorized emergency vehicle
  154  has passed, unless otherwise directed by a law enforcement
  155  officer.
  156         (3) An authorized emergency vehicle, when en route to meet
  157  an existing emergency, shall warn all other vehicular traffic
  158  along the emergency route by an audible signal, siren, exhaust
  159  whistle, or other adequate device or by a visible signal by the
  160  use of displayed blue or red lights. While en route to such
  161  emergency, the emergency vehicle shall otherwise proceed in a
  162  manner consistent with the laws regulating vehicular traffic
  163  upon the highways of this state.
  164         (4) This section does not diminish or enlarge any rules of
  165  evidence or liability in any case involving the operation of an
  166  emergency vehicle.
  167         (5) This section does not relieve the driver of an
  168  authorized emergency vehicle from the duty to drive with due
  169  regard for the safety of all persons using the highway.
  170         (6) A violation of this section is a noncriminal traffic
  171  infraction, punishable pursuant to chapter 318 as either a
  172  moving violation for infractions of subsection (1) or subsection
  173  (3), or as a pedestrian violation for infractions of subsection
  174  (2).
  175         Section 4. Subsections (1) and (3) of section 316.303,
  176  Florida Statutes, are amended to read:
  177         316.303 Television receivers.—
  178         (1) A No motor vehicle may not be operated on the highways
  179  of this state if the vehicle is shall be equipped with
  180  television-type receiving equipment so located that the viewer
  181  or screen is visible from the driver’s seat, unless the vehicle
  182  is equipped with autonomous technology, as defined in s.
  183  316.003, and is being operated in autonomous mode, as provided
  184  in s. 316.85(2).
  185         (3) This section does not prohibit the use of an electronic
  186  display used in conjunction with a vehicle navigation system, or
  187  an electronic display used by an operator of a vehicle equipped
  188  and operating with driver-assistive truck platooning technology,
  189  as defined in s. 316.003.
  190         Section 5. Paragraph (a) of subsection (1) and paragraph
  191  (b) of subsection (2) of section 316.613, Florida Statutes, are
  192  amended to read:
  193         316.613 Child restraint requirements.—
  194         (1)(a) Every operator of a motor vehicle as defined in this
  195  section, while transporting a child in a motor vehicle operated
  196  on the roadways, streets, or highways of this state, shall, if
  197  the child is 5 years of age or younger, provide for protection
  198  of the child by properly using a crash-tested, federally
  199  approved child restraint device.
  200         1. For children aged through 3 years, such restraint device
  201  must be a separate carrier or a vehicle manufacturer’s
  202  integrated child seat.
  203         2. For children aged 4 through 5 years, a separate carrier,
  204  an integrated child seat, or a child booster seat may be used.
  205  However, the requirement to use a child restraint device under
  206  this subparagraph does not apply when a safety belt is used as
  207  required in s. 316.614(4)(a) and the child:
  208         a. Is being transported gratuitously by an operator who is
  209  not a member of the child’s immediate family;
  210         b. Is being transported in a medical emergency situation
  211  involving the child; or
  212         c. Is being transported by a child care facility, family
  213  day care home, or large family child care home, as those terms
  214  are defined in s. 402.302; an after-school program not requiring
  215  licensure pursuant to chapter 402; a child care facility exempt
  216  pursuant to s. 402.316; or an entity excluded from the
  217  definition of child care facility pursuant to s. 402.302(2); or
  218         d. Has a medical condition that necessitates an exception
  219  as evidenced by appropriate documentation from a health care
  220  professional.
  221         (2) As used in this section, the term “motor vehicle” means
  222  a motor vehicle as defined in s. 316.003 that is operated on the
  223  roadways, streets, and highways of the state. The term does not
  224  include:
  225         (b) A bus used for the transportation of persons for
  226  compensation, other than a bus regularly used to transport
  227  children to or from school, as defined in s. 316.615(1)(b), or
  228  in conjunction with school activities.
  229         Section 6. Subsection (4) of section 320.02, Florida
  230  Statutes, is amended to read:
  231         320.02 Registration required; application for registration;
  232  forms.—
  233         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
  234  944.607, and 985.4815, the owner of any motor vehicle registered
  235  in the state shall notify the department in writing of any
  236  change of address within 30 20 days of such change. The
  237  notification shall include the registration license plate
  238  number, the vehicle identification number (VIN) or title
  239  certificate number, year of vehicle make, and the owner’s full
  240  name.
  241         Section 7. Paragraph (a) of subsection (1) of section
  242  320.055, Florida Statutes, is amended to read:
  243         320.055 Registration periods; renewal periods.—The
  244  following registration periods and renewal periods are
  245  established:
  246         (1)(a) For a motor vehicle subject to registration under s.
  247  320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7), (8),
  248  (9), or (10) and owned by a natural person, the registration
  249  period begins the first day of the birth month of the owner and
  250  ends the last day of the month immediately preceding the owner’s
  251  birth month in the succeeding year. If such vehicle is
  252  registered in the name of more than one person, the birth month
  253  of the person whose name first appears on the registration shall
  254  be used to determine the registration period. For a vehicle
  255  subject to this registration period, the renewal period is the
  256  30-day period ending at midnight on the last day of the vehicle
  257  owner’s date of birth month.
  258         Section 8. Subsection (1) of section 320.07, Florida
  259  Statutes, is amended to read:
  260         320.07 Expiration of registration; renewal required;
  261  penalties.—
  262         (1) The registration of a motor vehicle or mobile home
  263  expires at midnight on the last day of the registration or
  264  extended registration period, or for a motor vehicle or mobile
  265  home owner who is a natural person, at midnight on the last day
  266  of the owner’s birth month birthday. A vehicle may not be
  267  operated on the roads of this state after expiration of the
  268  renewal period, or, for a natural person, at midnight on the
  269  last day of the owner’s birth month birthday, unless the
  270  registration has been renewed according to law.
  271         Section 9. Subsection (9) of section 322.051, Florida
  272  Statutes, is amended to read:
  273         322.051 Identification cards.—
  274         (9) Notwithstanding any other provision of this section or
  275  s. 322.21 to the contrary, the department shall issue or renew a
  276  card at no charge to a person who presents evidence satisfactory
  277  to the department that he or she is homeless as defined in s.
  278  414.0252(7), to a juvenile offender who is in the custody or
  279  under the supervision of the Department of Juvenile Justice and
  280  receiving services pursuant to s. 985.461, to an inmate
  281  receiving a card issued pursuant to s. 944.605(7), or, if
  282  necessary, to an inmate receiving a replacement card if the
  283  department determines that he or she has a valid state
  284  identification card. If the replacement state identification
  285  card is scheduled to expire within 6 months, the department may
  286  also issue a temporary permit valid for at least 6 months after
  287  the release date. The department’s mobile issuing units shall
  288  process the identification cards for juvenile offenders and
  289  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
  290         Section 10. Subsections (1) and (2) of section 322.19,
  291  Florida Statutes, are amended to read:
  292         322.19 Change of address or name.—
  293         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
  294  944.607, and 985.4815, whenever any person, after applying for
  295  or receiving a driver license or identification card, changes
  296  his or her legal name, that person must within 30 10 days
  297  thereafter obtain a replacement license or card that reflects
  298  the change.
  299         (2) If a Whenever any person, after applying for or
  300  receiving a driver license or identification card, changes the
  301  legal residence or mailing address in the application, or
  302  license, or card, the person must, within 30 10 calendar days
  303  after making the change, obtain a replacement license or card
  304  that reflects the change. A written request to the department
  305  must include the old and new addresses and the driver license or
  306  identification card number. Any person who has a valid, current
  307  student identification card issued by an educational institution
  308  in this state is presumed not to have changed his or her legal
  309  residence or mailing address. This subsection does not affect
  310  any person required to register a permanent or temporary address
  311  change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
  312  943.0435.
  313         Section 11. Paragraph (f) of subsection (1) of section
  314  322.21, Florida Statutes, is amended to read:
  315         322.21 License fees; procedure for handling and collecting
  316  fees.—
  317         (1) Except as otherwise provided herein, the fee for:
  318         (f) An original, renewal, or replacement identification
  319  card issued pursuant to s. 322.051 is $25, except that an
  320  applicant who presents evidence satisfactory to the department
  321  that he or she is homeless as defined in s. 414.0252(7); or his
  322  or her annual income is at or below 100 percent of the federal
  323  poverty level; or he or she is a juvenile offender who is in the
  324  custody or under the supervision of the Department of Juvenile
  325  Justice, is receiving services pursuant to s. 985.461, and whose
  326  identification card is issued by the department’s mobile issuing
  327  units is exempt from such fee. Funds collected from fees for
  328  original, renewal, or replacement identification cards shall be
  329  distributed as follows:
  330         1. For an original identification card issued pursuant to
  331  s. 322.051, the fee shall be deposited into the General Revenue
  332  Fund.
  333         2. For a renewal identification card issued pursuant to s.
  334  322.051, $6 shall be deposited into the Highway Safety Operating
  335  Trust Fund, and $19 shall be deposited into the General Revenue
  336  Fund.
  337         3. For a replacement identification card issued pursuant to
  338  s. 322.051, $9 shall be deposited into the Highway Safety
  339  Operating Trust Fund, and $16 shall be deposited into the
  340  General Revenue Fund. Beginning July 1, 2015, or upon completion
  341  of the transition of the driver license issuance services, if
  342  the replacement identification card is issued by the tax
  343  collector, the tax collector shall retain the $9 that would
  344  otherwise be deposited into the Highway Safety Operating Trust
  345  Fund and the remaining revenues shall be deposited into the
  346  General Revenue Fund.
  347         Section 12. Subsection (3) of section 322.221, Florida
  348  Statutes, is amended to read:
  349         322.221 Department may require reexamination.—
  350         (3)(a) Upon the conclusion of such examination or
  351  reexamination the department shall take action as may be
  352  appropriate and may suspend or revoke the license of such person
  353  or permit him or her to retain such license, or may issue a
  354  license subject to restrictions as permitted under s. 322.16.
  355  Refusal or neglect of the licensee to submit to such examination
  356  or reexamination shall be ground for suspension or revocation of
  357  his or her license.
  358         (b) If the department suspends or revokes the license of a
  359  person due to his or her physical or mental condition, the
  360  department shall issue an identification card to the person at
  361  the time of the license suspension or revocation. The department
  362  may not charge fees for the issuance of the identification card.
  363         Section 13. This act shall take effect October 1, 2016.