Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7125, 1st Eng.
                                Barcode 485820                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             04/28/2013 04:34 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment to Amendment (218538) (with title
    2  amendment)
    4         Delete lines 111 - 397
    5  and insert:
    6         Section 3. Paragraph (b) of subsection (2) of section
    7  316.066, Florida Statutes, is amended to read:
    8         316.066 Written reports of crashes.—
    9         (2)
   10         (b) Crash reports held by an agency under paragraph (a) may
   11  be made immediately available to the parties involved in the
   12  crash, their legal representatives, their licensed insurance
   13  agents, their insurers or insurers to which they have applied
   14  for coverage, persons under contract with such insurers to
   15  provide claims or underwriting information, prosecutorial
   16  authorities, law enforcement agencies, the Department of
   17  Transportation, county traffic operations, victim services
   18  programs, radio and television stations licensed by the Federal
   19  Communications Commission, newspapers qualified to publish legal
   20  notices under ss. 50.011 and 50.031, and free newspapers of
   21  general circulation, published once a week or more often,
   22  available and of interest to the public generally for the
   23  dissemination of news. For the purposes of this section, the
   24  following products or publications are not newspapers as
   25  referred to in this section: those intended primarily for
   26  members of a particular profession or occupational group; those
   27  with the primary purpose of distributing advertising; and those
   28  with the primary purpose of publishing names and other personal
   29  identifying information concerning parties to motor vehicle
   30  crashes.
   31         Section 4. Subsections (3) and (4) of section 316.081,
   32  Florida Statutes, are renumbered as subsections (4) and (5),
   33  respectively, and a new subsection (3) is added to that section
   34  to read:
   35         316.081 Driving on right side of roadway; exceptions.—
   36         (3) On a road, street, or highway having two or more lanes
   37  allowing movement in the same direction, a driver may not
   38  continue to operate a motor vehicle at any speed which is more
   39  than 15 miles per hour slower than the posted speed limit in the
   40  furthermost left-hand lane if the driver knows or reasonably
   41  should know that he or she is being overtaken in that lane from
   42  the rear by a motor vehicle traveling at a higher rate of speed.
   43  This subsection does not apply to drivers operating a vehicle
   44  that is overtaking another vehicle proceeding in the same
   45  direction, or is preparing for a left turn at an intersection.
   46         (4)(3) Upon any roadway having four or more lanes for
   47  moving traffic and providing for two-way movement of traffic, no
   48  vehicle shall be driven to the left of the centerline of the
   49  roadway, except when authorized by official traffic control
   50  devices designating certain lanes to the left side of the center
   51  of the roadway for use by traffic not otherwise permitted to use
   52  such lanes, or except as permitted under paragraph (1)(b).
   53  However, this subsection shall not be construed as prohibiting
   54  the crossing of the centerline in making a left turn into or
   55  from an alley, private road, or driveway.
   56         (5)(4) A violation of this section is a noncriminal traffic
   57  infraction, punishable as a moving violation as provided in
   58  chapter 318.
   59         Section 6. Subsection (1) of section 316.1937, Florida
   60  Statutes, is amended to read:
   61         316.1937 Ignition interlock devices, requiring; unlawful
   62  acts.—
   63         (1) In addition to any other authorized penalties, the
   64  court may require that any person who is convicted of driving
   65  under the influence in violation of s. 316.193 shall not operate
   66  a motor vehicle unless that vehicle is equipped with a
   67  functioning ignition interlock device certified by the
   68  department as provided in s. 316.1938, and installed in such a
   69  manner that the vehicle will not start if the operator’s blood
   70  alcohol level is in excess of 0.025 0.05 percent or as otherwise
   71  specified by the court. The court may require the use of an
   72  approved ignition interlock device for a period of at least not
   73  less than 6 continuous months, if the person is permitted to
   74  operate a motor vehicle, whether or not the privilege to operate
   75  a motor vehicle is restricted, as determined by the court. The
   76  court, however, shall order placement of an ignition interlock
   77  device in those circumstances required by s. 316.193.
   78         Section 7. Paragraph (b) of subsection (1), paragraph (a)
   79  of subsection (4), and subsection (9) of section 316.302,
   80  Florida Statutes, are amended to read:
   81         316.302 Commercial motor vehicles; safety regulations;
   82  transporters and shippers of hazardous materials; enforcement.—
   83         (1)
   84         (b) Except as otherwise provided in this section, all
   85  owners or drivers of commercial motor vehicles that are engaged
   86  in intrastate commerce are subject to the rules and regulations
   87  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
   88  the exception of 49 C.F.R. s. 390.5 as it relates to the
   89  definition of bus, as such rules and regulations existed on
   90  December 31, 2012 October 1, 2011.
   91         (4)(a) Except as provided in this subsection, all
   92  commercial motor vehicles transporting any hazardous material on
   93  any road, street, or highway open to the public, whether engaged
   94  in interstate or intrastate commerce, and any person who offers
   95  hazardous materials for such transportation, are subject to the
   96  regulations contained in 49 C.F.R. part 107, subparts F and
   97  subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
   98  Effective July 1, 1997, the exceptions for intrastate motor
   99  carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
  100  adopted.
  101         (9)(a) This section is not applicable to the transporting
  102  of liquefied petroleum gas. The rules and regulations applicable
  103  to the transporting of liquefied petroleum gas on the highways,
  104  roads, or streets of this state shall be only those adopted by
  105  the Department of Agriculture and Consumer Services under
  106  chapter 527. However, transporters of liquefied petroleum gas
  107  must comply with the requirements of 49 C.F.R. parts 393 and
  108  396.9.
  109         (b) This section does not apply to any nonpublic sector
  110  bus.
  111         Section 8. Paragraph (b) of subsection (3) and subsection
  112  (5) of section 316.3025, Florida Statutes, is amended, present
  113  subsection (6) of that section is renumbered as subsection (7),
  114  and a new subsection (6) is added to that section, to read:
  115         316.3025 Penalties.—
  116         (3)
  117         (b) A civil penalty of $100 may be assessed for:
  118         1. Each violation of the North American Uniform Driver Out
  119  of-Service Criteria;
  120         2. A violation of s. 316.302(2)(b) or (c);
  121         3. A violation of 49 C.F.R. s. 392.60; or
  122         4. A violation of the North American Standard Vehicle Out
  123  of-Service Criteria resulting from an inspection of a commercial
  124  motor vehicle involved in a crash; or.
  125         5. A violation of 49 C.F.R. s. 391.41.
  126         (5) Whenever any person or motor carrier as defined in
  127  chapter 320 violates the provisions of this section and becomes
  128  indebted to the state because of such violation and refuses to
  129  pay the appropriate penalty, in addition to the provisions of s.
  130  316.3026, such penalty becomes a lien upon the property
  131  including the motor vehicles of such person or motor carrier and
  132  may be seized and foreclosed by the state in a civil action in
  133  any court of this state. It shall be presumed that the owner of
  134  the motor vehicle is liable for the sum, and the vehicle may be
  135  detained or impounded until the penalty is paid.
  136         (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
  137  prohibits texting while operating a commercial motor vehicle, or
  138  49 C.F.R. s. 392.82, which prohibits using a handheld mobile
  139  telephone while operating a commercial motor vehicle, may be
  140  assessed a civil penalty and commercial driver license
  141  disqualification as follows:
  142         1. First violation: $500.
  143         2. Second violation: $1,000 and a 60-day commercial driver
  144  license disqualification pursuant to 49 C.F.R. part 383.
  145         3. Third and subsequent violations: $2,750 and a 120-day
  146  commercial driver license disqualification pursuant to 49 C.F.R.
  147  part 383.
  148         (b) A company requiring or allowing a driver to violate 49
  149  C.F.R. s. 392.80, which prohibits texting while operating a
  150  commercial motor vehicle, or 49 C.F.R. s. 392.82, which
  151  prohibits using a handheld mobile telephone while operating a
  152  commercial motor vehicle, may, in addition to any other penalty
  153  assessed, be assessed the following civil penalty. The driver
  154  shall not be charged with an offense for the first violation
  155  under this paragraph by the company.
  156         1. First violation: $2,750.
  157         2. Second violation: $5,000.
  158         3. Third and subsequent violations: $11,000.
  159         (c) The emergency exceptions provided by 49 C.F.R. s.
  160  392.82 also apply to communications between utility drivers and
  161  utility contractor drivers during a Level 1 activation of the
  162  State Emergency Operations Center, as provided in the Florida
  163  Comprehensive Emergency Management plan, or during a state of
  164  emergency declared by executive order or proclamation of the
  165  Governor.
  166         Section 9. Paragraph (a) of subsection (3) and paragraph
  167  (c) of subsection (5) of section 316.515, Florida Statutes, is
  168  amended to read:
  169         316.515 Maximum width, height, length.—
  170         (3) LENGTH LIMITATION.—Except as otherwise provided in this
  171  section, length limitations apply solely to a semitrailer or
  172  trailer, and not to a truck tractor or to the overall length of
  173  a combination of vehicles. No combination of commercial motor
  174  vehicles coupled together and operating on the public roads may
  175  consist of more than one truck tractor and two trailing units.
  176  Unless otherwise specifically provided for in this section, a
  177  combination of vehicles not qualifying as commercial motor
  178  vehicles may consist of no more than two units coupled together;
  179  such nonqualifying combination of vehicles may not exceed a
  180  total length of 65 feet, inclusive of the load carried thereon,
  181  but exclusive of safety and energy conservation devices approved
  182  by the department for use on vehicles using public roads.
  183  Notwithstanding any other provision of this section, a truck
  184  tractor-semitrailer combination engaged in the transportation of
  185  automobiles or boats may transport motor vehicles or boats on
  186  part of the power unit; and, except as may otherwise be mandated
  187  under federal law, an automobile or boat transporter semitrailer
  188  may not exceed 50 feet in length, exclusive of the load;
  189  however, the load may extend up to an additional 6 feet beyond
  190  the rear of the trailer. The 50-feet length limitation does not
  191  apply to non-stinger-steered automobile or boat transporters
  192  that are 65 feet or less in overall length, exclusive of the
  193  load carried thereon, or to stinger-steered automobile or boat
  194  transporters that are 75 feet or less in overall length,
  195  exclusive of the load carried thereon. For purposes of this
  196  subsection, a “stinger-steered automobile or boat transporter”
  197  is an automobile or boat transporter configured as a semitrailer
  198  combination wherein the fifth wheel is located on a drop frame
  199  located behind and below the rearmost axle of the power unit.
  200  Notwithstanding paragraphs (a) and (b), any straight truck or
  201  truck tractor-semitrailer combination engaged in the
  202  transportation of horticultural trees may allow the load to
  203  extend up to an additional 10 feet beyond the rear of the
  204  vehicle, provided said trees are resting against a retaining bar
  205  mounted above the truck bed so that the root balls of the trees
  206  rest on the floor and to the front of the truck bed and the tops
  207  of the trees extend up over and to the rear of the truck bed,
  208  and provided the overhanging portion of the load is covered with
  209  protective fabric.
  210         (a) Straight trucks.—A straight truck may not exceed a
  211  length of 40 feet in extreme overall dimension, exclusive of
  212  safety and energy conservation devices approved by the
  213  department for use on vehicles using public roads. A straight
  214  truck may attach a forklift to the rear of the cargo bed,
  215  provided the overall combined length of the vehicle and the
  216  forklift does not exceed 50 feet. A straight truck may tow no
  217  more than one trailer, and the overall length of the truck
  218  trailer combination may not exceed 68 feet, including the load
  219  thereon. Notwithstanding any other provisions of this section, a
  220  truck-trailer combination engaged in the transportation of
  221  boats, or boat trailers whose design dictates a front-to-rear
  222  stacking method may not exceed the length limitations of this
  223  paragraph exclusive of the load; however, the load may extend up
  224  to an additional 6 feet beyond the rear of the trailer.
  227         (c) The width and height limitations of this section do not
  228  apply to farming or agricultural equipment, whether self
  229  propelled, pulled, or hauled, when temporarily operated during
  230  daylight hours upon a public road that is not a limited access
  231  facility as defined in s. 334.03(12), and the width and height
  232  limitations may be exceeded by such equipment without a permit.
  233  To be eligible for this exemption, the equipment shall be
  234  operated within a radius of 50 miles of the real property owned,
  235  rented, managed, harvested, or leased by the equipment owner.
  236  However, equipment being delivered by a dealer to a purchaser is
  237  not subject to the 50-mile limitation. Farming or agricultural
  238  equipment greater than 174 inches in width must have one warning
  239  lamp mounted on each side of the equipment to denote the width
  240  and must have a slow-moving vehicle sign. Warning lamps required
  241  by this paragraph must be visible from the front and rear of the
  242  vehicle and must be visible from a distance of at least 1,000
  243  feet.
  246  ================= T I T L E  A M E N D M E N T ================
  247         And the title is amended as follows:
  248         Delete lines 4622 - 4658
  249  and insert:
  250         vehicle”; amending s. 316.066, F.S., authorizing the
  251         Department of Transportation to immediately receive a
  252         crash report; amending s. 316.081, F.S.; prohibiting a
  253         driver from driving at less than the posted speed in
  254         the furthermost left-hand lane of road, street, or
  255         highway having two or more lanes if being overtaken by
  256         a motor vehicle ; providing exceptions; providing
  257         penalties; amending s. 316.1937, F.S., revising
  258         operational specifications for ignition interlock
  259         devices; amending 316.302, F.S., revising provisions
  260         for certain commercial motor vehicles and transporters
  261         and shippers of hazardous materials; providing for
  262         application of specified federal regulations; removing
  263         a provision for application of specified provisions
  264         and federal regulations to transporting liquefied
  265         petroleum gas; amending s. 316.3025, F.S.; refusal to
  266         pay penalty; providing penalties for violation of
  267         specified federal regulations relating to commercial
  268         drivers and the use of mobile telephones and texting
  269         while driving a commercial motor vehicle; clarifying
  270         an exception; amending s. 316.515, F.S., revising the
  271         maximum allowable length of certain vehicle
  272         combinations; expanding an exemption from width and
  273         height limitations to farming and agricultural
  274         equipment operated in a certain proximity to real
  275         property that is managed or harvested by the equipment
  276         owner; amending