Florida Senate - 2016 SB 1046
By Senator Hutson
6-01245-16 20161046__
1 A bill to be entitled
2 An act relating to farm vehicles; amending s. 316.003,
3 F.S.; defining the term “covered farm vehicle” for
4 purposes of the Florida Uniform Traffic Control Law;
5 amending s. 316.302, F.S.; revising requirements for a
6 person who operates a commercial motor vehicle solely
7 in intrastate commerce while transporting agricultural
8 products; providing exemptions for covered farm
9 vehicles from specified federal regulations relating
10 to controlled substances and alcohol use and testing,
11 commercial driver licenses, physical qualifications
12 and examinations, hours of service of drivers, and
13 inspection, repair, and maintenance; providing for
14 application of such exemptions to out-of-state farm
15 vehicles under certain circumstances; providing
16 applicability; amending s. 322.53, F.S.; exempting the
17 driver of a covered farm vehicle from commercial
18 driver license requirements; providing an effective
19 date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Subsection (94) is added to section 316.003,
24 Florida Statutes, to read:
25 316.003 Definitions.—The following words and phrases, when
26 used in this chapter, shall have the meanings respectively
27 ascribed to them in this section, except where the context
28 otherwise requires:
29 (94) COVERED FARM VEHICLE.—A straight truck or articulated
30 vehicle that is:
31 (a) Registered in a state with a license plate or other
32 designation issued by that state that allows law enforcement
33 officers to identify it as a farm vehicle.
34 (b) Operated by the owner or operator of a farm or ranch or
35 by an employee or family member of an owner or operator of a
36 farm or ranch.
37 (c) Used to transport agricultural commodities, livestock,
38 machinery, or supplies to or from a farm or ranch.
39 (d) Not used in for-hire motor carrier operations; however,
40 for-hire motor carrier operations do not include the operation
41 of a vehicle meeting the requirements of paragraphs (a)-(c) by a
42 tenant pursuant to a crop share farm lease agreement to
43 transport the landlord’s portion of the crops under that
44 agreement.
45 Section 2. Paragraph (e) of subsection (2) of section
46 316.302, Florida Statutes, is amended, and paragraph (l) is
47 added to that subsection, to read:
48 316.302 Commercial motor vehicles; safety regulations;
49 transporters and shippers of hazardous materials; enforcement.—
50 (2)
51 (e) A person who operates a commercial motor vehicle solely
52 in intrastate commerce is exempt from subsection (1) while
53 transporting agricultural products, including horticultural or
54 forestry products, from farm or harvest place to the first place
55 of processing or storage, or from farm or harvest place directly
56 to market. However, such person must comply with 49 C.F.R. parts
57 382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
58 A vehicle or combination of vehicles operated pursuant to this
59 paragraph having a gross vehicle weight of 26,001 pounds or more
60 or having three or more axles on the power unit, regardless of
61 weight, must display the name of the vehicle owner or motor
62 carrier and the municipality or town where the vehicle is based
63 on each side of the power unit in letters that contrast with the
64 background and that are readable from a distance of 50 feet. A
65 person who violates this vehicle identification requirement may
66 be assessed a penalty as provided in s. 316.3025(3)(a).
67 (l)1. A covered farm vehicle, as defined in s. 316.003, and
68 the operator of such vehicle are exempt from requirements
69 relating to controlled substances and alcohol use and testing in
70 49 C.F.R. part 382; commercial driver licenses in 49 C.F.R. part
71 383; physical qualifications and examinations in 49 C.F.R. part
72 391, subpart E; hours of service of drivers in 49 C.F.R. part
73 395; and inspection, repair, and maintenance in 49 C.F.R. part
74 396.
75 2. The exemptions under subparagraph 1. apply to a covered
76 farm vehicle registered with a license plate or other
77 designation issued by another state and to the operator of such
78 vehicle if:
79 a. The vehicle has a gross vehicle weight of 26,001 pounds
80 or less; or
81 b. If the vehicle has a gross vehicle weight of more than
82 26,001 pounds, the vehicle is being operated within 150 air
83 miles of the farm or ranch with respect to which the vehicle is
84 being operated.
85 3. The exemptions in this paragraph do not apply to a
86 vehicle transporting hazardous materials in an amount that
87 requires a placard.
88 Section 3. Paragraph (c) of subsection (2) of section
89 322.53, Florida Statutes, is amended to read:
90 322.53 License required; exemptions.—
91 (2) The following persons are exempt from the requirement
92 to obtain a commercial driver license:
93 (c)1. Farmers transporting agricultural products, farm
94 supplies, or farm machinery to or from their farms and within
95 150 miles of their farms, if the vehicle operated under this
96 exemption is not used in the operations of a common or contract
97 motor carrier.
98 2. The driver of a covered farm vehicle as defined in s.
99 316.003.
100 Section 4. This act shall take effect upon becoming a law.