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A bill to be entitled

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An act relating to commercial motor vehicles; amending s.

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316.003, F.S.; exempting certain vehicles that

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occasionally transport personal property to and from

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closed-course motorsport facilities from the definition of

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"commercial motor vehicle" for purposes of statutory

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provisions relating to state uniform traffic control;

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amending ss. 320.01 and 322.01, F.S.; exempting certain

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vehicles that occasionally transport personal property to

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and from closed-course motorsport facilities from the

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definition of "commercial motor vehicle" for purposes of

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statutory provisions governing motor vehicle licenses and

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driver's licenses; providing an effective date.

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

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     Section 1.  Subsection (66) of section 316.003, Florida

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Statutes, is amended to read:

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     316.003  Definitions.--The following words and phrases, when

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used in this chapter, shall have the meanings respectively

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ascribed to them in this section, except where the context

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otherwise requires:

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     (66)  COMMERCIAL MOTOR VEHICLE.--Any self-propelled or towed

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vehicle used on the public highways in commerce to transport

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passengers or cargo, if such vehicle:

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     (a)  Has a gross vehicle weight rating of 10,000 pounds or

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more;

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     (b)  Is designed to transport more than 15 passengers,

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including the driver; or

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     (c)  Is used in the transportation of materials found to be

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hazardous for the purposes of the Hazardous Materials

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Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).

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A vehicle that occasionally transports personal property to and

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from a closed-course motorsport facility, as defined in s.

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549.09(1)(a), is not a commercial motor vehicle if it is not used

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for profit and corporate sponsorship is not involved. As used in

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this subsection, the term "corporate sponsorship" means a

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payment, donation, gratuity, in-kind service, or other benefit

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provided to or derived by a person in relation to the underlying

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activity, other than the display of product or corporate names,

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logos, or other graphic information on the property being

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transported.

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     Section 2.  Subsection (26) of section 320.01, Florida

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Statutes, is amended to read:

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     320.01  Definitions, general.--As used in the Florida

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Statutes, except as otherwise provided, the term:

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     (26)  "Commercial motor vehicle" means any vehicle which is

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not owned or operated by a governmental entity, which uses

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special fuel or motor fuel on the public highways, and which has

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a gross vehicle weight of 26,001 pounds or more, or has three or

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more axles regardless of weight, or is used in combination when

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the weight of such combination exceeds 26,001 pounds gross

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vehicle weight. A vehicle that occasionally transports personal

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property to and from a closed-course motorsport facility, as

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defined in s. 549.09(1)(a), is not a commercial motor vehicle if

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the use is not for profit and corporate sponsorship is not

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involved. As used in this subsection, the term "corporate

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sponsorship" means a payment, donation, gratuity, in-kind

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service, or other benefit provided to or derived by a person in

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relation to the underlying activity, other than the display of

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product or corporate names, logos, or other graphic information

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on the property being transported.

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     Section 3.  Subsection (8) of section 322.01, Florida

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Statutes, is amended to read:

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     322.01  Definitions.--As used in this chapter:

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     (8)  "Commercial motor vehicle" means any motor vehicle or

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motor vehicle combination used on the streets or highways, which:

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     (a)  Has a gross vehicle weight rating of 26,001 pounds or

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more;

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     (b)  Is designed to transport more than 15 persons,

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including the driver; or

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     (c)  Is transporting hazardous materials and is required to

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be placarded in accordance with Title 49 C.F.R. part 172, subpart

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F.

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A vehicle that occasionally transports personal property to and

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from a closed-course motorsport facility, as defined in s.

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549.09(1)(a), is not a commercial motor vehicle if the use is not

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for profit and corporate sponsorship is not involved. As used in

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this subsection, the term "corporate sponsorship" means a

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payment, donation, gratuity, in-kind service, or other benefit

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provided to or derived by a person in relation to the underlying

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activity, other than the display of product or corporate names,

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logos, or other graphic information on the property being

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transported.

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     Section 4.  This act shall take effect July 1, 2008.