Senate Bill 0844e1
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1 A bill to be entitled
2 An act relating to commercial motor vehicles;
3 amending s. 316.091, F.S.; providing that on
4 specified highways certain commercial vehicles
5 may drive only in certain lanes; amending s.
6 316.302, F.S.; adopting federal motor carrier
7 safety regulations; authorizing audits of
8 intrastate motor carriers for drivers' hours of
9 service compliance; amending s. 320.01, F.S.;
10 defining the term "agricultural products";
11 amending s. 320.055, F.S.; providing for
12 staggered fleet registration; amending s.
13 320.0657, F.S.; defining the term "fleet";
14 providing registration fees; providing
15 penalties for late or improper registration;
16 repealing s. 320.065, F.S., which requires
17 permanent registration for certain agricultural
18 vehicles; providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Subsection (5) is added to section 316.091,
23 Florida Statutes, to read:
24 316.091 Limited access facilities; interstate
25 highways; use restricted.--
26 (5) A person may drive a commercial motor vehicle
27 having a gross vehicle weight of 26,001 pounds or more or 3
28 axles or more, or a combination of vehicles weighing 26,001
29 pounds or more, upon any limited access facility with six or
30 more lanes only in the two right through lanes, except when
31 exiting the facility. However, in congested urban areas the
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1 Department of Transportation may allow commercial motor
2 vehicles to operate in additional lanes when necessary for the
3 safe flow of traffic.
4 Section 2. Subsections (1) and (5) of section 316.302,
5 Florida Statutes, are amended to read:
6 316.302 Commercial motor vehicles; safety regulations;
7 transporters and shippers of hazardous materials;
8 enforcement.--
9 (1)(a) All owners and drivers of commercial motor
10 vehicles that are operated on the public highways of this
11 state while engaged in interstate commerce are subject to the
12 rules and regulations contained in 49 C.F.R. parts 40, 382,
13 383, 385, 387, and 390-397.
14 (b) Except as otherwise provided in this section, all
15 owners or drivers of commercial motor vehicles that are
16 engaged in intrastate commerce are subject to the rules and
17 regulations contained in 49 C.F.R. parts 40, 382, 383, 385,
18 387, and 390-397, with the exception of 49 C.F.R. s. 390.5 as
19 it relates to the definition of bus, as such rules and
20 regulations existed on March 1, 1998 1997.
21 (c) Except as provided in s. 316.215(5), and except as
22 provided in s. 316.228 for rear overhang lighting and flagging
23 requirements for intrastate operations, the requirements of
24 this section supersede all other safety requirements of this
25 chapter for commercial motor vehicles.
26 (5) The Department of Transportation may adopt and
27 revise rules to assure the safe operation of commercial motor
28 vehicles. The Department of Transportation may enter into
29 cooperative agreements as provided in 49 C.F.R. part 388.
30 Department of Transportation personnel may conduct motor
31 carrier and shipper terminal audits only for the purpose of
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1 determining compliance with 49 C.F.R. parts 40, 171, 172, 173,
2 177, 178, 180, 382, 383, 385, 387, 391, 393, 396, and 390-397,
3 subsection (2), 397; 49 C.F.R. s. 395.1(e)(5); and s.
4 627.7415.
5 Section 3. Subsection (42) is added to section 320.01,
6 Florida Statutes, to read:
7 320.01 Definitions, general.--As used in the Florida
8 Statutes, except as otherwise provided, the term:
9 (42) "Agricultural products" means any food product;
10 any agricultural, horticultural, or livestock product; any raw
11 material used in plant food formulation; or any plant food
12 used to produce food and fiber.
13 Section 4. Subsection (8) is added to section 320.055,
14 Florida Statutes, to read:
15 320.055 Registration periods; renewal periods.--The
16 following registration periods and renewal periods are
17 established:
18 (8) For those vehicles subject to registration under
19 s. 320.0657, the department shall implement a system that
20 distributes the registration renewal process throughout the
21 year.
22 Section 5. Section 320.0657, Florida Statutes, is
23 amended to read:
24 320.0657 Permanent registration; fleet license
25 plates.--
26 (1) For purposes of this section, the term "fleet"
27 means nonapportioned motor vehicles owned or leased by a
28 company and used for business purposes. Vehicle numbers
29 comprising a "fleet" shall be established by the Department of
30 Highway Safety and Motor Vehicles. Vehicles registered as
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1 short-term rental vehicles are excluded from the provisions of
2 this section.
3 (1)(a) The owner or lessee of 250 or more
4 nonapportioned commercial motor vehicles licensed under s.
5 320.08(2), (3), (4), (5)(a)1. and (b), and (7), who has posted
6 a bond as prescribed by department rules, may apply via
7 magnetically encoded computer tape reel or cartridge which is
8 machine readable by the installed computer system at the
9 department for permanent license plates. All vehicles with a
10 fleet license plate shall have the company's name or logo and
11 unit number displayed so that they are readily identifiable.
12 The provisions of s. 320.0605 shall not apply to vehicles
13 registered in accordance with this section, and no annual
14 validation sticker is required.
15 (2)(a) The owner or lessee of a fleet of motor
16 vehicles shall, upon application in the manner and at the
17 time prescribed and upon approval by the department and
18 payment of the license tax prescribed under s. 320.08(2), (3),
19 (4), (5)(a) and (b), (6)(a), (7), and (8), be issued permanent
20 fleet license plates. All vehicles with a fleet license plate
21 shall have the company's name or logo and unit number
22 displayed so that they are readily identifiable. The
23 provisions of s. 320.0605 do not apply to vehicles registered
24 in accordance with this section, and no annual validation
25 sticker is required.
26 (b) The plates, which shall be of a distinctive color,
27 shall have the word "Fleet" appearing at the bottom and the
28 word "Florida" appearing at the top. The plates shall conform
29 in all respects to the provisions of this chapter, except as
30 specified herein.
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1 (c) In addition to the license tax prescribed by s.
2 320.08(2), (3), (4), (5)(a) and (b), (6)(a), (7), and (8), an
3 annual fleet management fee of $2 shall be charged. A one-time
4 license plate manufacturing fee of $1.50 shall be charged for
5 plates issued for the established number of vehicles in the
6 fleet. If the size of the fleet is increased, a
7 $20-per-vehicle issuance fee will be charged to include the
8 license plate manufacturing fee. If the license plate
9 manufacturing cost increases, the department shall increase
10 the license-plate manufacturing fee to recoup its cost. Fees
11 collected shall be deposited into the Highway Safety Operating
12 Trust Fund. Payment of registration license tax and fees shall
13 be made annually and be evidenced only by the issuance of a
14 single receipt by the department. The provisions of s.
15 320.0605 do not apply to vehicles registered in accordance
16 with this section, and no annual validation sticker is
17 required.
18 (c) In addition to the license tax prescribed by s.
19 320.08(2), (3), (4), (5)(a)1. and (b), and (7), an annual fee
20 of $6 shall be charged for each vehicle registered hereunder.
21 Of this $6 fee, $2.50 shall be retained as a service charge by
22 the tax collector, if the registration occurs at such office,
23 or by the department, if the registration occurs at offices of
24 the department. Receipts from the $6 fee not retained by tax
25 collectors shall be deposited into the Highway Safety
26 Operating Trust Fund. Payment of registration license tax and
27 fees shall be made annually and be evidenced only by the
28 issuance of a single receipt by the department. Half-year
29 registrations shall not be available for vehicles registered
30 in accordance with the provisions of this section. The
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1 provision of s. 320.06(1)(b) shall not apply to the fleet
2 renewal process.
3 (2) All recipients of permanent license plates
4 authorized by this section shall submit an annual audit as
5 prescribed by rule of the department. Such audit shall include
6 a percentage of the vehicles registered by each owner or
7 lessee, not to exceed 10 percent. The department shall
8 randomly select the vehicles to be audited and shall forward a
9 listing of said vehicles only to the office of the auditor
10 performing the audit. Every attempt shall be made to provide
11 for groupings of vehicles based in the same location; however,
12 the location shall change from year to year. The audit shall
13 be prepared by a certified public accountant licensed under
14 chapter 473, at the recipient's expense, and shall be
15 performed to standards prescribed by the department. Such
16 audits shall be delivered to the department on or before
17 February 15 of each calendar year. Any fees or taxes which the
18 audit determines are due the department shall be submitted to
19 the department along with such audit. In addition, any company
20 found to be habitually abusing the privileges afforded by
21 permanent licensure shall forfeit the bond required in
22 subsection (1), and may be required by the department to
23 relinquish all permanent license plates, and not be eligible
24 to continue to participate in the program.
25 (3) The department is authorized to adopt such rules
26 as necessary to comply with this section.
27 (4) If a recipient of fleet license plates fails to
28 properly and timely renew or initially register vehicles in
29 its fleet, the department may impose a delinquency penalty of
30 $50 or 10 percent of the delinquent taxes due, whichever is
31 greater, if the failure is for not more than 30 days, with an
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1 additional 10 percent penalty for each additional 30 days, or
2 fraction thereof, during the time the failure continues, not
3 to exceed a total penalty of 100 percent in the aggregate.
4 However, the penalty may not be less than $50.
5 (5) All recipients of fleet license plates authorized
6 by this section must provide the department with an annual
7 vehicle reconciliation and must annually surrender all
8 unassigned license plates. Failure to comply may result in
9 fines of up to $1,000 for each occurrence or in suspension or
10 termination from the fleet program.
11 Section 6. Section 320.065, Florida Statutes, is
12 repealed.
13 Section 7. This act shall take effect July 1, 1998.
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