Florida Senate - 2016 SB 1394
By Senator Brandes
22-01592B-16 20161394__
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 316.003, F.S.;
4 defining the terms “service patrol vehicle” and
5 “driver-assistive truck platooning technology”;
6 amending s. 316.0895, F.S.; providing that provisions
7 prohibiting a driver from following certain vehicles
8 within a specified distance do not apply to truck
9 tractor-semitrailer combinations under certain
10 circumstances; amending s. 316.126, F.S.; requiring
11 the driver of every other vehicle to take specified
12 actions if a utility service vehicle displaying any
13 visual signals or a service patrol vehicle displaying
14 amber rotating or flashing lights is performing
15 certain tasks on the roadside; amending s. 316.303,
16 F.S.; providing exceptions to the prohibition against
17 certain television-type receiving equipment in
18 vehicles; amending s. 316.613, F.S.; revising the
19 exceptions to the requirement that a motor vehicle
20 operator use a child restraint device under certain
21 circumstances; revising the definition of the term
22 “motor vehicle”; amending s. 320.02, F.S.; increasing
23 the timeframe within which the owner of any motor
24 vehicle registered in the state must notify the
25 department of a change of address; providing
26 exceptions to such notification; amending s. 320.055,
27 F.S.; revising the renewal period for certain motor
28 vehicles subject to registration; amending s. 320.07,
29 F.S.; revising the expiration date of registrations of
30 motor vehicles or mobile homes for owners who are
31 natural persons and the date after which an owner may
32 not operate an unregistered vehicle on the roads of
33 this state; amending s. 322.051, F.S.; requiring the
34 department to issue or renew an identification card to
35 certain juvenile offenders; requiring that the
36 department’s mobile issuing units process certain
37 identification cards; amending s. 322.19, F.S.;
38 increasing the timeframe within which certain persons
39 must obtain a replacement driver license or
40 identification card that reflects a change in his or
41 her legal name; providing exceptions to such
42 requirement; increasing the timeframe within which
43 certain persons must obtain a replacement driver
44 license or identification card that reflects a change
45 in the legal residence or mailing address in his or
46 her application, license, or card; amending s. 322.21,
47 F.S.; exempting certain juvenile offenders from a
48 specified fee for an original, renewal, or replacement
49 identification card; amending s. 322.221, F.S.;
50 requiring the department to issue an identification
51 card at no cost at the time a person’s driver license
52 is suspended or revoked due to his or her physical or
53 mental condition; providing an effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Subsections (94) and (95) are added to section
58 316.003, Florida Statutes, to read:
59 316.003 Definitions.—The following words and phrases, when
60 used in this chapter, shall have the meanings respectively
61 ascribed to them in this section, except where the context
62 otherwise requires:
63 (94) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
64 emblem or markings with the wording “SERVICE VEHICLE” which is
65 visible from the roadway and clearly indicates that the vehicle
66 belongs to or is under contract with a person, an entity, a
67 cooperative, a board, a commission, a district, or a unit of
68 government that provides highway assistance services to
69 motorists, clears travel lanes, or provides temporary
70 maintenance of traffic support for incident response operations.
71 (95) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
72 automation technology that integrates a sensor array, wireless
73 communications, vehicle controls, and specialized software to
74 synchronize the acceleration and braking between no more than
75 two truck tractor-semitrailer combinations, while leaving each
76 vehicle’s steering control and systems command in the control of
77 the vehicle’s driver.
78 Section 2. Subsection (2) of section 316.0895, Florida
79 Statutes, is amended to read:
80 316.0895 Following too closely.—
81 (2) It is unlawful for the driver of any motor truck, motor
82 truck drawing another vehicle, or vehicle towing another vehicle
83 or trailer, when traveling upon a roadway outside of a business
84 or residence district, to follow within 300 feet of another
85 motor truck, motor truck drawing another vehicle, or vehicle
86 towing another vehicle or trailer. The provisions of This
87 subsection may shall not be construed to prevent overtaking and
88 passing, nor does it nor shall the same apply upon any lane
89 specially designated for use by motor trucks or other slow
90 moving vehicles. This subsection does not apply to two truck
91 tractor-semitrailer combinations equipped and connected with
92 driver-assistive truck platooning technology, as defined in s.
93 316.003, and operating on a multilane limited access facility,
94 if:
95 (a) The owner or operator first submits to the department
96 an instrument of insurance, a surety bond, or proof of self
97 insurance acceptable to the department in the amount of $1
98 million;
99 (b) The vehicles are equipped with an external indication,
100 visible to surrounding motorists, that the vehicles are engaged
101 in truck platooning; and
102 (c) The vehicles are not required to be placarded pursuant
103 to 49 C.F.R. parts 171-179.
104 Section 3. Section 316.126, Florida Statutes, is amended to
105 read:
106 316.126 Operation of vehicles and actions of pedestrians on
107 approach of an authorized emergency, sanitation, or utility
108 service vehicle, or service patrol vehicle.—
109 (1)(a) Upon the immediate approach of an authorized
110 emergency vehicle, while en route to meet an existing emergency,
111 the driver of every other vehicle shall, when such emergency
112 vehicle is giving audible signals by siren, exhaust whistle, or
113 other adequate device, or visible signals by the use of
114 displayed blue or red lights, yield the right-of-way to the
115 emergency vehicle and shall immediately proceed to a position
116 parallel to, and as close as reasonable to the closest edge of
117 the curb of the roadway, clear of any intersection and shall
118 stop and remain in position until the authorized emergency
119 vehicle has passed, unless otherwise directed by a law
120 enforcement officer.
121 (b) If an authorized emergency vehicle displaying any
122 visual signals is parked on the roadside, a sanitation vehicle
123 is performing a task related to the provision of sanitation
124 services on the roadside, a utility service vehicle displaying
125 any visual signals is performing a task related to the provision
126 of utility services on the roadside, or a wrecker displaying
127 amber rotating or flashing lights is performing a recovery or
128 loading on the roadside, or a service patrol vehicle displaying
129 amber rotating or flashing lights is performing official duties
130 or services on the roadside, the driver of every other vehicle,
131 as soon as it is safe:
132 1. Shall vacate the lane closest to the emergency vehicle,
133 sanitation vehicle, utility service vehicle, or wrecker, or
134 service patrol vehicle when driving on an interstate highway or
135 other highway with two or more lanes traveling in the direction
136 of the emergency vehicle, sanitation vehicle, utility service
137 vehicle, or wrecker, or service patrol vehicle except when
138 otherwise directed by a law enforcement officer. If such
139 movement cannot be safely accomplished, the driver shall reduce
140 speed as provided in subparagraph 2.
141 2. Shall slow to a speed that is 20 miles per hour less
142 than the posted speed limit when the posted speed limit is 25
143 miles per hour or greater; or travel at 5 miles per hour when
144 the posted speed limit is 20 miles per hour or less, when
145 driving on a two-lane road, except when otherwise directed by a
146 law enforcement officer.
147 (c) The Department of Highway Safety and Motor Vehicles
148 shall provide an educational awareness campaign informing the
149 motoring public about the Move Over Act. The department shall
150 provide information about the Move Over Act in all newly printed
151 driver license educational materials.
152 (2) Every pedestrian using the road right-of-way shall
153 yield the right-of-way until the authorized emergency vehicle
154 has passed, unless otherwise directed by a law enforcement
155 officer.
156 (3) An authorized emergency vehicle, when en route to meet
157 an existing emergency, shall warn all other vehicular traffic
158 along the emergency route by an audible signal, siren, exhaust
159 whistle, or other adequate device or by a visible signal by the
160 use of displayed blue or red lights. While en route to such
161 emergency, the emergency vehicle shall otherwise proceed in a
162 manner consistent with the laws regulating vehicular traffic
163 upon the highways of this state.
164 (4) This section does not diminish or enlarge any rules of
165 evidence or liability in any case involving the operation of an
166 emergency vehicle.
167 (5) This section does not relieve the driver of an
168 authorized emergency vehicle from the duty to drive with due
169 regard for the safety of all persons using the highway.
170 (6) A violation of this section is a noncriminal traffic
171 infraction, punishable pursuant to chapter 318 as either a
172 moving violation for infractions of subsection (1) or subsection
173 (3), or as a pedestrian violation for infractions of subsection
174 (2).
175 Section 4. Subsections (1) and (3) of section 316.303,
176 Florida Statutes, are amended to read:
177 316.303 Television receivers.—
178 (1) A No motor vehicle may not be operated on the highways
179 of this state if the vehicle is shall be equipped with
180 television-type receiving equipment so located that the viewer
181 or screen is visible from the driver’s seat, unless the vehicle
182 is equipped with autonomous technology, as defined in s.
183 316.003, and is being operated in autonomous mode, as provided
184 in s. 316.85(2).
185 (3) This section does not prohibit the use of an electronic
186 display used in conjunction with a vehicle navigation system, or
187 an electronic display used by an operator of a vehicle equipped
188 and operating with driver-assistive truck platooning technology,
189 as defined in s. 316.003.
190 Section 5. Paragraph (a) of subsection (1) and paragraph
191 (b) of subsection (2) of section 316.613, Florida Statutes, are
192 amended to read:
193 316.613 Child restraint requirements.—
194 (1)(a) Every operator of a motor vehicle as defined in this
195 section, while transporting a child in a motor vehicle operated
196 on the roadways, streets, or highways of this state, shall, if
197 the child is 5 years of age or younger, provide for protection
198 of the child by properly using a crash-tested, federally
199 approved child restraint device.
200 1. For children aged through 3 years, such restraint device
201 must be a separate carrier or a vehicle manufacturer’s
202 integrated child seat.
203 2. For children aged 4 through 5 years, a separate carrier,
204 an integrated child seat, or a child booster seat may be used.
205 However, the requirement to use a child restraint device under
206 this subparagraph does not apply when a safety belt is used as
207 required in s. 316.614(4)(a) and the child:
208 a. Is being transported gratuitously by an operator who is
209 not a member of the child’s immediate family;
210 b. Is being transported in a medical emergency situation
211 involving the child; or
212 c. Is being transported by a child care facility, family
213 day care home, or large family child care home, as those terms
214 are defined in s. 402.302; an after-school program not requiring
215 licensure pursuant to chapter 402; a child care facility exempt
216 pursuant to s. 402.316; or an entity excluded from the
217 definition of child care facility pursuant to s. 402.302(2); or
218 d. Has a medical condition that necessitates an exception
219 as evidenced by appropriate documentation from a health care
220 professional.
221 (2) As used in this section, the term “motor vehicle” means
222 a motor vehicle as defined in s. 316.003 that is operated on the
223 roadways, streets, and highways of the state. The term does not
224 include:
225 (b) A bus used for the transportation of persons for
226 compensation, other than a bus regularly used to transport
227 children to or from school, as defined in s. 316.615(1)(b), or
228 in conjunction with school activities.
229 Section 6. Subsection (4) of section 320.02, Florida
230 Statutes, is amended to read:
231 320.02 Registration required; application for registration;
232 forms.—
233 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
234 944.607, and 985.4815, the owner of any motor vehicle registered
235 in the state shall notify the department in writing of any
236 change of address within 30 20 days of such change. The
237 notification shall include the registration license plate
238 number, the vehicle identification number (VIN) or title
239 certificate number, year of vehicle make, and the owner’s full
240 name.
241 Section 7. Paragraph (a) of subsection (1) of section
242 320.055, Florida Statutes, is amended to read:
243 320.055 Registration periods; renewal periods.—The
244 following registration periods and renewal periods are
245 established:
246 (1)(a) For a motor vehicle subject to registration under s.
247 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7), (8),
248 (9), or (10) and owned by a natural person, the registration
249 period begins the first day of the birth month of the owner and
250 ends the last day of the month immediately preceding the owner’s
251 birth month in the succeeding year. If such vehicle is
252 registered in the name of more than one person, the birth month
253 of the person whose name first appears on the registration shall
254 be used to determine the registration period. For a vehicle
255 subject to this registration period, the renewal period is the
256 30-day period ending at midnight on the last day of the vehicle
257 owner’s date of birth month.
258 Section 8. Subsection (1) of section 320.07, Florida
259 Statutes, is amended to read:
260 320.07 Expiration of registration; renewal required;
261 penalties.—
262 (1) The registration of a motor vehicle or mobile home
263 expires at midnight on the last day of the registration or
264 extended registration period, or for a motor vehicle or mobile
265 home owner who is a natural person, at midnight on the last day
266 of the owner’s birth month birthday. A vehicle may not be
267 operated on the roads of this state after expiration of the
268 renewal period, or, for a natural person, at midnight on the
269 last day of the owner’s birth month birthday, unless the
270 registration has been renewed according to law.
271 Section 9. Subsection (9) of section 322.051, Florida
272 Statutes, is amended to read:
273 322.051 Identification cards.—
274 (9) Notwithstanding any other provision of this section or
275 s. 322.21 to the contrary, the department shall issue or renew a
276 card at no charge to a person who presents evidence satisfactory
277 to the department that he or she is homeless as defined in s.
278 414.0252(7), to a juvenile offender who is in the custody or
279 under the supervision of the Department of Juvenile Justice and
280 receiving services pursuant to s. 985.461, to an inmate
281 receiving a card issued pursuant to s. 944.605(7), or, if
282 necessary, to an inmate receiving a replacement card if the
283 department determines that he or she has a valid state
284 identification card. If the replacement state identification
285 card is scheduled to expire within 6 months, the department may
286 also issue a temporary permit valid for at least 6 months after
287 the release date. The department’s mobile issuing units shall
288 process the identification cards for juvenile offenders and
289 inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
290 Section 10. Subsections (1) and (2) of section 322.19,
291 Florida Statutes, are amended to read:
292 322.19 Change of address or name.—
293 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
294 944.607, and 985.4815, whenever any person, after applying for
295 or receiving a driver license or identification card, changes
296 his or her legal name, that person must within 30 10 days
297 thereafter obtain a replacement license or card that reflects
298 the change.
299 (2) If a Whenever any person, after applying for or
300 receiving a driver license or identification card, changes the
301 legal residence or mailing address in the application, or
302 license, or card, the person must, within 30 10 calendar days
303 after making the change, obtain a replacement license or card
304 that reflects the change. A written request to the department
305 must include the old and new addresses and the driver license or
306 identification card number. Any person who has a valid, current
307 student identification card issued by an educational institution
308 in this state is presumed not to have changed his or her legal
309 residence or mailing address. This subsection does not affect
310 any person required to register a permanent or temporary address
311 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
312 943.0435.
313 Section 11. Paragraph (f) of subsection (1) of section
314 322.21, Florida Statutes, is amended to read:
315 322.21 License fees; procedure for handling and collecting
316 fees.—
317 (1) Except as otherwise provided herein, the fee for:
318 (f) An original, renewal, or replacement identification
319 card issued pursuant to s. 322.051 is $25, except that an
320 applicant who presents evidence satisfactory to the department
321 that he or she is homeless as defined in s. 414.0252(7); or his
322 or her annual income is at or below 100 percent of the federal
323 poverty level; or he or she is a juvenile offender who is in the
324 custody or under the supervision of the Department of Juvenile
325 Justice, is receiving services pursuant to s. 985.461, and whose
326 identification card is issued by the department’s mobile issuing
327 units is exempt from such fee. Funds collected from fees for
328 original, renewal, or replacement identification cards shall be
329 distributed as follows:
330 1. For an original identification card issued pursuant to
331 s. 322.051, the fee shall be deposited into the General Revenue
332 Fund.
333 2. For a renewal identification card issued pursuant to s.
334 322.051, $6 shall be deposited into the Highway Safety Operating
335 Trust Fund, and $19 shall be deposited into the General Revenue
336 Fund.
337 3. For a replacement identification card issued pursuant to
338 s. 322.051, $9 shall be deposited into the Highway Safety
339 Operating Trust Fund, and $16 shall be deposited into the
340 General Revenue Fund. Beginning July 1, 2015, or upon completion
341 of the transition of the driver license issuance services, if
342 the replacement identification card is issued by the tax
343 collector, the tax collector shall retain the $9 that would
344 otherwise be deposited into the Highway Safety Operating Trust
345 Fund and the remaining revenues shall be deposited into the
346 General Revenue Fund.
347 Section 12. Subsection (3) of section 322.221, Florida
348 Statutes, is amended to read:
349 322.221 Department may require reexamination.—
350 (3)(a) Upon the conclusion of such examination or
351 reexamination the department shall take action as may be
352 appropriate and may suspend or revoke the license of such person
353 or permit him or her to retain such license, or may issue a
354 license subject to restrictions as permitted under s. 322.16.
355 Refusal or neglect of the licensee to submit to such examination
356 or reexamination shall be ground for suspension or revocation of
357 his or her license.
358 (b) If the department suspends or revokes the license of a
359 person due to his or her physical or mental condition, the
360 department shall issue an identification card to the person at
361 the time of the license suspension or revocation. The department
362 may not charge fees for the issuance of the identification card.
363 Section 13. This act shall take effect October 1, 2016.