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Senator Saunders moved the following amendment:

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     Senate Amendment (with title amendments)

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     Between line(s) 1869-1870

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insert:

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     Section 28.  Section 316.0741, Florida Statutes, is amended

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to read:

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     316.0741 High-occupancy-vehicle High occupancy vehicle

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lanes.--

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

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     (a) "High-occupancy-vehicle "High occupancy vehicle lane"

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or "HOV lane" means a lane of a public roadway designated for use

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by vehicles in which there is more than one occupant unless

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otherwise authorized by federal law.

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     (b) "Hybrid vehicle" means a motor vehicle that:

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     1. Draws propulsion energy from an onboard source of stored

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energy comprised of both an internal combustion or heat engine

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using combustible fuel and a rechargeable energy-storage system;

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and

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     2. In the case of a passenger automobile or light truck,

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has received a certificate of conformity under the Clean Air Act,

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42 U.S.C. ss. 7401 et seq., and meets or exceeds the equivalent

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qualifying California standards for a low-emission vehicle.

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

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

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

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such on a full-time basis, must also be indicated on a traffic

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control device.

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     (3) Except as provided in subsection (4), a vehicle may not

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be driven in an HOV lane if the vehicle is occupied by fewer than

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the number of occupants indicated by a traffic control device. A

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driver who violates this section shall be cited for a moving

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violation, punishable as provided in chapter 318.

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     (4)(a) Notwithstanding any other provision of this section,

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

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labeled in accordance with federal regulations may be driven in

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

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addition, upon the state's receipt of written notice from the

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proper federal regulatory agency authorizing such use, a vehicle

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defined as a hybrid vehicle under this section may be driven in

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an HOV lane at any time, regardless of its occupancy.

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     (b) All eligible hybrid and other low-emission and energy-

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efficient vehicles driven in an HOV lane must comply with the

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minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).

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     (c) Upon its effective date, the eligibility of hybrid and

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other low-emission and energy-efficient vehicles for operation in

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an HOV lane regardless of occupancy shall be determined in

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accordance with the applicable final rule issued by the United

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States Environmental Protection Agency pursuant to 23 U.S.C. s.

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166(e).

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     (5) The department shall issue a decal and registration

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certificate, to be renewed annually, reflecting the HOV lane

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designation on such vehicles meeting the criteria in subsection

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(4) authorizing driving in an HOV lane at any time such use. The

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department may charge a fee for a decal, not to exceed the costs

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of designing, producing, and distributing each decal, or $5,

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whichever is less. The proceeds from sale of the decals shall be

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deposited in the Highway Safety Operating Trust Fund. The

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department may, for reasons of operation and management of HOV

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facilities, limit or discontinue issuance of decals for the use

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of HOV facilities by hybrid and low-emission and energy-efficient

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vehicles regardless of occupancy if it has been determined by the

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Department of Transportation that the facilities are degraded as

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defined by 23 U.S.C. s. 166(d)(2).

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     (6) Vehicles having decals by virtue of compliance with the

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minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B) and

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that are registered for use in high-occupancy-vehicle toll lanes

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or express lanes in accordance with Department of Transportation

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rule shall be allowed to use any HOV lane redesignated as a high-

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occupancy-vehicle toll lane without requiring payment of the

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toll.

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

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means a motor vehicle:

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     (a) That draws propulsion energy from onboard sources of

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stored energy which are both:

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     1. An internal combustion or heat engine using combustible

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fuel; and

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     2. A rechargeable energy storage system; and

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

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truck:

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     1. Has received a certificate of conformity under the Clean

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

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     2. Meets or exceeds the equivalent qualifying California

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standards for a low-emission vehicle.

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     (7)(6) The department may adopt rules necessary to

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administer this section.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 145 after the semicolon ";"

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insert:

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amending s. 316.0741, F.S.; defining "high-occupancy

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vehicle" and "hybrid vehicle"; providing that such

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vehicles driven in an HOV lane must comply with certain

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minimum fuel economy standards; exempting certain vehicles

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from paying highway tolls;

4/29/2008  6:35:00 PM     EP.37.09062