| 1 | A bill to be entitled |
| 2 | An act relating to motor vehicles; amending ss. 316.003, |
| 3 | 320.01, and 322.01, F.S., relating to traffic control, |
| 4 | vehicle registration and titling, and driver licensing; |
| 5 | providing that vehicles engaged in the occasional |
| 6 | transportation of personal property to and from a closed- |
| 7 | course motorsport facility are not commercial motor |
| 8 | vehicles under certain circumstances; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (66) of section 316.003, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 316.003 Definitions.--The following words and phrases, |
| 16 | when used in this chapter, shall have the meanings respectively |
| 17 | ascribed to them in this section, except where the context |
| 18 | otherwise requires: |
| 19 | (66) COMMERCIAL MOTOR VEHICLE.--Any self-propelled or |
| 20 | towed vehicle used on the public highways in commerce to |
| 21 | transport passengers or cargo, if such vehicle: |
| 22 | (a) Has a gross vehicle weight rating of 10,000 pounds or |
| 23 | more; |
| 24 | (b) Is designed to transport more than 15 passengers, |
| 25 | including the driver; or |
| 26 | (c) Is used in the transportation of materials found to be |
| 27 | hazardous for the purposes of the Hazardous Materials |
| 28 | Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.). |
| 29 |
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| 30 | Vehicles engaged in the occasional transportation of personal |
| 31 | property to and from a closed-course motorsport facility, as |
| 32 | defined in s. 549.09(1), are not included in this definition if |
| 33 | the underlying activities are not undertaken for profit and |
| 34 | corporate sponsorship is not involved. As used in this |
| 35 | subsection, "corporate sponsorship" means any payment, donation, |
| 36 | gratuity, in-kind service, or any other benefit provided to or |
| 37 | derived by a person in relation to the underlying activity other |
| 38 | than the display of product or corporate names, logos, or other |
| 39 | graphic information on the property being transported. |
| 40 | Section 2. Subsection (26) of section 320.01, Florida |
| 41 | Statutes, is amended to read: |
| 42 | 320.01 Definitions, general.--As used in the Florida |
| 43 | Statutes, except as otherwise provided, the term: |
| 44 | (26) "Commercial motor vehicle" means any vehicle which is |
| 45 | not owned or operated by a governmental entity, which uses |
| 46 | special fuel or motor fuel on the public highways, and which has |
| 47 | a gross vehicle weight of 26,001 pounds or more, or has three or |
| 48 | more axles regardless of weight, or is used in combination when |
| 49 | the weight of such combination exceeds 26,001 pounds gross |
| 50 | vehicle weight. Vehicles engaged in the occasional |
| 51 | transportation of personal property to and from a closed-course |
| 52 | motorsport facility, as defined in s. 549.09(1), are not |
| 53 | included in this definition if the underlying activities are not |
| 54 | undertaken for profit and corporate sponsorship is not involved. |
| 55 | As used in this subsection, "corporate sponsorship" means any |
| 56 | payment, donation, gratuity, in-kind service, or any other |
| 57 | benefit provided to or derived by a person in relation to the |
| 58 | underlying activity other than the display of product or |
| 59 | corporate names, logos, or other graphic information on the |
| 60 | property being transported. |
| 61 | Section 3. Subsection (8) of section 322.01, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 322.01 Definitions.--As used in this chapter: |
| 64 | (8) "Commercial motor vehicle" means any motor vehicle or |
| 65 | motor vehicle combination used on the streets or highways, |
| 66 | which: |
| 67 | (a) Has a gross vehicle weight rating of 26,001 pounds or |
| 68 | more; |
| 69 | (b) Is designed to transport more than 15 persons, |
| 70 | including the driver; or |
| 71 | (c) Is transporting hazardous materials and is required to |
| 72 | be placarded in accordance with Title 49 C.F.R. part 172, |
| 73 | subpart F. |
| 74 |
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| 75 | Vehicles engaged in the occasional transportation of personal |
| 76 | property to and from a closed-course motorsport facility, as |
| 77 | defined in s. 549.09(1), are not included in this definition if |
| 78 | the underlying activities are not undertaken for profit and |
| 79 | corporate sponsorship is not involved. As used in this |
| 80 | subsection, "corporate sponsorship" means any payment, donation, |
| 81 | gratuity, in-kind service, or any other benefit provided to or |
| 82 | derived by a person in relation to the underlying activity other |
| 83 | than the display of product or corporate names, logos, or other |
| 84 | graphic information on the property being transported. |
| 85 | Section 4. This act shall take effect July 1, 2008. |