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
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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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