Senate Bill sb1072

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    Florida Senate - 2006                                  SB 1072

    By Senator Geller





    31-834-06

  1                      A bill to be entitled

  2         An act relating to the use of

  3         high-occupancy-vehicle lanes; amending s.

  4         316.0741, F.S.; providing definitions;

  5         providing for the use of high-occupancy-vehicle

  6         lanes by a vehicle fueled by natural gas or

  7         biodiesel; providing for issuance of a decal

  8         authorizing such use by the Department of

  9         Highway Safety and Motor Vehicles; providing

10         for distribution of funds from the sale of such

11         decals to the Highway Safety Operating Trust

12         Fund; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 316.0741, Florida Statutes, is

17  amended to read:

18         316.0741  High-occupancy-vehicle High occupancy vehicle

19  lanes.--

20         (1)  As used in this section, the term:

21         (a)  "Biodiesel" has the same meaning as in s. 206.86.

22         (b)  "Department" means the Department of Highway

23  Safety and Motor Vehicles.

24         (c)  "High-occupancy-vehicle High occupancy vehicle

25  lane" or "HOV lane" means a lane of a public roadway

26  designated for use by vehicles in which there is more than one

27  occupant unless otherwise authorized by federal law.

28         (d)  "Hybrid vehicle" means a motor vehicle:

29         1.  That draws propulsion energy from onboard sources

30  of stored energy which are both an internal combustion or heat

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    Florida Senate - 2006                                  SB 1072
    31-834-06




 1  engine using combustible fuel and a rechargeable

 2  energy-storage system; and

 3         2.  That, in the case of a passenger automobile or

 4  light truck, has received a certificate of conformity under

 5  the Clean Air Act, 42 U.S.C. ss. 7401 et seq., and meets or

 6  exceeds the equivalent qualifying California standards for a

 7  low-emission vehicle.

 8         (2)  The number of persons that must be in a vehicle to

 9  qualify for legal use of the HOV lane and the hours during

10  which the lane will serve as an HOV lane, if it is not

11  designated as such on a full-time basis, must also be

12  indicated on a traffic control device.

13         (3)  A vehicle may not be driven in an HOV lane if the

14  vehicle is occupied by fewer than the number of occupants

15  indicated by a traffic control device. A driver who violates

16  this section shall be cited for a moving violation, punishable

17  as provided in chapter 318.

18         (4)  Notwithstanding any other provision of this

19  section, a vehicle meeting the following criteria an

20  inherently low-emission vehicle (ILEV) that is certified and

21  labeled in accordance with federal regulations may be driven

22  in an HOV lane at any time, regardless of its occupancy:. In

23  addition,

24         (a)  An inherently low-emission vehicle that is

25  certified and labeled in accordance with federal regulations.

26         (b)  Upon the state's receipt of written notice from

27  the proper federal regulatory agency authorizing such use, a

28  vehicle defined as a hybrid vehicle under this section may be

29  driven in an HOV lane at any time, regardless of its

30  occupancy.

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    Florida Senate - 2006                                  SB 1072
    31-834-06




 1         (c)  A vehicle that is fueled by natural gas or

 2  biodiesel.

 3         (5)  The department shall issue a decal and

 4  registration certificate, to be renewed annually, reflecting

 5  the HOV lane designation on such vehicles meeting the criteria

 6  in subsection (4) authorizing driving in an HOV lane at any

 7  time such use. The department may charge a fee for a decal,

 8  not to exceed the costs of designing, producing, and

 9  distributing each decal, or $5, whichever is less. The

10  proceeds from sale of the decals must shall be deposited in

11  the Highway Safety Operating Trust Fund.

12         (5)  As used in this section, the term "hybrid vehicle"

13  means a motor vehicle:

14         (a)  That draws propulsion energy from onboard sources

15  of stored energy which are both:

16         1.  An internal combustion or heat engine using

17  combustible fuel; and

18         2.  A rechargeable energy storage system; and

19         (b)  That, in the case of a passenger automobile or

20  light truck:

21         1.  Has received a certificate of conformity under the

22  Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and

23         2.  Meets or exceeds the equivalent qualifying

24  California standards for a low-emission vehicle.

25         (6)  The department may adopt rules necessary to

26  administer this section.

27         Section 2.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 1072
    31-834-06




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 2                          SENATE SUMMARY

 3    Authorizes the use of high-occupancy-vehicle lanes by a
      vehicle fueled by natural gas or biodiesel.  Defines
 4    biodiesel.  Provides for issuance of a decal authorizing
      such use by the Department of Highway Safety and Motor
 5    Vehicles. Provides for distribution of any funds from
      sale of such decals to the Highway Safety Operating Trust
 6    Fund.

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