HB 141

1	A bill to be entitled
2	An act relating to the use of high-occupancy-vehicle
3	lanes; amending s. 316.0741, F.S.; providing definitions;
4	providing for the use of high-occupancy-vehicle lanes by a
5	vehicle fueled by natural gas or biodiesel; providing for
6	issuance of a decal authorizing such use by the Department
7	of Highway Safety and Motor Vehicles; authorizing a fee
8	for the decal; providing for distribution of funds from
9	the sale of such decals to the Highway Safety Operating
10	Trust Fund; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 316.0741, Florida Statutes, is amended
15	to read:
16	316.0741  High-occupancy-vehicle High occupancy vehicle
17	lanes.--
18	(1)  As used in this section, the term:
19	(a)  "Biodiesel" has the same meaning as in s. 206.86.
20	(b)  "Department" means the Department of Highway Safety
21	and Motor Vehicles.
22	(c)  "High-occupancy-vehicle "High occupancy vehicle lane"
23	or "HOV lane" means a lane of a public roadway designated for
24	use by vehicles in which there is more than one occupant unless
25	otherwise authorized by federal law.
26	(d)  "Hybrid vehicle" means a motor vehicle:
27	1.  That draws propulsion energy from onboard sources of
28	stored energy which are both an internal combustion or heat
29	engine using combustible fuel and a rechargeable energy-storage
30	system; and
31	2.  That, in the case of a passenger automobile or light
32	truck, has received a certificate of conformity under the Clean
33	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
34	equivalent qualifying California standards for a low-emission
35	vehicle.
36	(2)  The number of persons that must be in a vehicle to
37	qualify for legal use of the HOV lane and the hours during which
38	the lane will serve as an HOV lane, if it is not designated as
39	such on a full-time basis, must also be indicated on a traffic
40	control device.
41	(3)  A vehicle may not be driven in an HOV lane if the
42	vehicle is occupied by fewer than the number of occupants
43	indicated by a traffic control device. A driver who violates
44	this section shall be cited for a moving violation, punishable
45	as provided in chapter 318.
46	(4)  Notwithstanding any other provision of this section, a
47	vehicle meeting the following criteria an inherently low-
48	emission vehicle (ILEV) that is certified and labeled in
49	accordance with federal regulations may be driven in an HOV lane
50	at any time, regardless of its occupancy:. In addition,
51	(a)  An inherently low-emission vehicle that is certified
52	and labeled in accordance with federal regulations.
53	(b)  Upon the state's receipt of written notice from the
54	proper federal regulatory agency authorizing such use, a vehicle
55	defined as a hybrid vehicle under this section may be driven in
56	an HOV lane at any time, regardless of its occupancy.
57	(c)  A vehicle that is fueled by natural gas or biodiesel.
58	(5)  The department shall issue a decal and registration
59	certificate, to be renewed annually, reflecting the HOV lane
60	designation on such vehicles meeting the criteria in subsection
61	(4) authorizing driving in an HOV lane at any time such use. The
62	department may charge a fee for a decal, not to exceed the costs
63	of designing, producing, and distributing each decal, or $5,
64	whichever is less. The proceeds from sale of the decals shall be
65	deposited in the Highway Safety Operating Trust Fund.
66	(5)  As used in this section, the term "hybrid vehicle"
67	means a motor vehicle:
68	(a)  That draws propulsion energy from onboard sources of
69	stored energy which are both:
70	1.  An internal combustion or heat engine using combustible
71	fuel; and
72	2.  A rechargeable energy storage system; and
73	(b)  That, in the case of a passenger automobile or light
74	truck:
75	1.  Has received a certificate of conformity under the
76	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
77	2.  Meets or exceeds the equivalent qualifying California
78	standards for a low-emission vehicle.
79	(6)  The department may adopt rules necessary to administer
80	this section.
81	Section 2.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.