Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1104
       
       
       
       
       
       
                                Ì905658NÎ905658                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2018           .                                
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       The Committee on Transportation (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) and paragraphs (a), (c), (d), and
    6  (f) of subsection (2) of section 316.302, Florida Statutes, are
    7  amended to read:
    8         316.302 Commercial motor vehicles; safety regulations;
    9  transporters and shippers of hazardous materials; enforcement.—
   10         (1) Except as otherwise provided in subsection (3):
   11         (a) All owners and drivers of commercial motor vehicles
   12  that are operated on the public highways of this state while
   13  engaged in interstate commerce are subject to the rules and
   14  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
   15         (b) Except as otherwise provided in this section, all
   16  owners or drivers of commercial motor vehicles that are engaged
   17  in intrastate commerce are subject to the rules and regulations
   18  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
   19  the exception of 49 C.F.R. s. 390.5 as it relates to the
   20  definition of bus, as such rules and regulations existed on
   21  December 31, 2017 2012.
   22         (c) The emergency exceptions provided by 49 C.F.R. s.
   23  392.82 also apply to communications by utility drivers and
   24  utility contractor drivers during a Level 1 activation of the
   25  State Emergency Operations Center, as provided in the Florida
   26  Comprehensive Emergency Management plan, or during a state of
   27  emergency declared by executive order or proclamation of the
   28  Governor.
   29         (d) Except as provided in s. 316.215(5), and except as
   30  provided in s. 316.228 for rear overhang lighting and flagging
   31  requirements for intrastate operations, the requirements of this
   32  section supersede all other safety requirements of this chapter
   33  for commercial motor vehicles.
   34         (e) For motor carriers engaged in intrastate commerce who
   35  are not carrying hazardous materials in amounts that require
   36  placards, the requirement for electronic logging devices and
   37  hours of service support documents shall take effect December
   38  31, 2019.
   39         (2)(a) A person who operates a commercial motor vehicle
   40  solely in intrastate commerce not transporting any hazardous
   41  material in amounts that require placarding pursuant to 49
   42  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
   43  and 395.3 395.3(a) and (b).
   44         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
   45  operates a commercial motor vehicle solely in intrastate
   46  commerce not transporting any hazardous material in amounts that
   47  require placarding pursuant to 49 C.F.R. part 172 may not drive
   48  after having been on duty more than 70 hours in any period of 7
   49  consecutive days or more than 80 hours in any period of 8
   50  consecutive days if the motor carrier operates every day of the
   51  week. Thirty-four consecutive hours off duty shall constitute
   52  the end of any such period of 7 or 8 consecutive days. This
   53  weekly limit does not apply to a person who operates a
   54  commercial motor vehicle solely within this state while
   55  transporting, during harvest periods, any unprocessed
   56  agricultural products or unprocessed food or fiber that is
   57  subject to seasonal harvesting from place of harvest to the
   58  first place of processing or storage or from place of harvest
   59  directly to market or while transporting livestock, livestock
   60  feed, or farm supplies directly related to growing or harvesting
   61  agricultural products. Upon request of the Department of Highway
   62  Safety and Motor Vehicles, motor carriers shall furnish time
   63  records or other written verification to that department so that
   64  the Department of Highway Safety and Motor Vehicles can
   65  determine compliance with this subsection. These time records
   66  must be furnished to the Department of Highway Safety and Motor
   67  Vehicles within 2 days after receipt of that department’s
   68  request. Falsification of such information is subject to a civil
   69  penalty not to exceed $100. The provisions of This paragraph
   70  does do not apply to operators of farm labor vehicles operated
   71  during a state of emergency declared by the Governor or operated
   72  pursuant to s. 570.07(21), and does do not apply to drivers of
   73  utility service vehicles as defined in 49 C.F.R. s. 395.2.
   74         (d) A person who operates a commercial motor vehicle solely
   75  in intrastate commerce not transporting any hazardous material
   76  in amounts that require placarding pursuant to 49 C.F.R. part
   77  172 within a 150 air-mile radius of the location where the
   78  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
   79  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
   80  395.1(e)(1)(iii) and (v) are met. If a driver is not released
   81  from duty within 12 hours after the driver arrives for duty, the
   82  motor carrier must maintain documentation of the driver’s
   83  driving times throughout the duty period.
   84         (f) A person who operates a commercial motor vehicle having
   85  a declared gross vehicle weight, gross vehicle weight rating,
   86  and gross combined weight rating of less than 26,001 pounds
   87  solely in intrastate commerce and who is not transporting
   88  hazardous materials in amounts that require placarding pursuant
   89  to 49 C.F.R. part 172, or who is transporting petroleum products
   90  as defined in s. 376.301, is exempt from subsection (1).
   91  However, such person must comply with 49 C.F.R. parts 382, 392,
   92  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
   93         Section 2. Subsection (24) of section 320.01, Florida
   94  Statutes, is amended to read:
   95         320.01 Definitions, general.—As used in the Florida
   96  Statutes, except as otherwise provided, the term:
   97         (24) “Apportionable vehicle” means any vehicle, except
   98  recreational vehicles, vehicles displaying restricted plates,
   99  city pickup and delivery vehicles, buses used in transportation
  100  of chartered parties, and government-owned vehicles, which is
  101  used or intended for use in two or more member jurisdictions
  102  that allocate or proportionally register vehicles and which is
  103  used for the transportation of persons for hire or is designed,
  104  used, or maintained primarily for the transportation of property
  105  and:
  106         (a) Is a power unit having a gross vehicle weight in excess
  107  of 26,000 pounds;
  108         (b) Is a power unit having three or more axles, regardless
  109  of weight; or
  110         (c) Is used in combination, when the weight of such
  111  combination exceeds 26,000 pounds gross vehicle weight.
  112  
  113  Vehicles, or combinations thereof, having a gross vehicle weight
  114  of 26,000 pounds or less and two-axle vehicles may be
  115  proportionally registered.
  116         Section 3. Paragraph (b) of subsection (1) of section
  117  320.06, Florida Statutes, is amended to read:
  118         320.06 Registration certificates, license plates, and
  119  validation stickers generally.—
  120         (1)
  121         (b)1. Registration license plates bearing a graphic symbol
  122  and the alphanumeric system of identification shall be issued
  123  for a 10-year period. At the end of the 10-year period, upon
  124  renewal, the plate shall be replaced. The department shall
  125  extend the scheduled license plate replacement date from a 6
  126  year period to a 10-year period. The fee for such replacement is
  127  $28, $2.80 of which shall be paid each year before the plate is
  128  replaced, to be credited toward the next $28 replacement fee.
  129  The fees shall be deposited into the Highway Safety Operating
  130  Trust Fund. A credit or refund may not be given for any prior
  131  years’ payments of the prorated replacement fee if the plate is
  132  replaced or surrendered before the end of the 10-year period,
  133  except that a credit may be given if a registrant is required by
  134  the department to replace a license plate under s.
  135  320.08056(8)(a). With each license plate, a validation sticker
  136  shall be issued showing the owner’s birth month, license plate
  137  number, and the year of expiration or the appropriate renewal
  138  period if the owner is not a natural person. The validation
  139  sticker shall be placed on the upper right corner of the license
  140  plate. The license plate and validation sticker shall be issued
  141  based on the applicant’s appropriate renewal period. The
  142  registration period is 12 months, the extended registration
  143  period is 24 months, and all expirations occur based on the
  144  applicant’s appropriate registration period.
  145         2. Before October 1, 2019, a vehicle that has an
  146  apportioned registration shall be issued an annual license plate
  147  and a cab card denoting that denote the declared gross vehicle
  148  weight for each apportioned jurisdiction in which the vehicle is
  149  authorized to operate.
  150         3. Beginning October 1, 2019, a vehicle registered in
  151  accordance with the International Registration Plan shall be
  152  issued a license plate for a 5-year period, an annual cab card
  153  denoting the declared gross vehicle weight, and an annual
  154  validation sticker showing the month and year of expiration. The
  155  validation sticker shall be placed in the center of the license
  156  plate. The license plate and validation sticker shall be issued
  157  based on the applicant’s appropriate renewal period. The fee for
  158  the initial validation sticker and any renewed validation
  159  sticker is $28. This fee shall be deposited into the Highway
  160  Safety Operating Trust Fund. A damaged or worn license plate may
  161  be replaced at no charge by applying to the department and
  162  surrendering the current license plate.
  163         4.2. In order to retain the efficient administration of the
  164  taxes and fees imposed by this chapter, the 80-cent fee increase
  165  in the replacement fee imposed by chapter 2009-71, Laws of
  166  Florida, is negated as provided in s. 320.0804.
  167         Section 4. Subsection (5) of section 320.0607, Florida
  168  Statutes, is amended to read:
  169         320.0607 Replacement license plates, validation decal, or
  170  mobile home sticker.—
  171         (5) Upon the issuance of an original license plate, the
  172  applicant shall pay a fee of $28 to be deposited in the Highway
  173  Safety Operating Trust Fund. Beginning October 1, 2019, this
  174  subsection does not apply to a vehicle registered under the
  175  International Registration Plan.
  176         Section 5. Paragraph (a) of subsection (2) of section
  177  812.014, Florida Statutes, is amended to read:
  178         812.014 Theft.—
  179         (2)(a)1. If the property stolen is valued at $100,000 or
  180  more or is a semitrailer that was deployed by a law enforcement
  181  officer; or
  182         2. If the property stolen is cargo valued at $50,000 or
  183  more that has entered the stream of interstate or intrastate
  184  commerce from the shipper’s loading platform to the consignee’s
  185  receiving dock; or
  186         3. If the offender commits any grand theft and:
  187         a. In the course of committing the offense the offender
  188  uses a motor vehicle as an instrumentality, other than merely as
  189  a getaway vehicle, to assist in committing the offense and
  190  thereby damages the real property of another; or
  191         b. In the course of committing the offense the offender
  192  causes damage to the real or personal property of another in
  193  excess of $1,000; or
  194         c. In the course of committing the offense the offender
  195  uses any type of device to defeat, block, disable, jam, or
  196  interfere with a global positioning system or similar system
  197  designed to identify the location of the cargo or the vehicle or
  198  trailer carrying the cargo,
  199  
  200  the offender commits grand theft in the first degree, punishable
  201  as a felony of the first degree, as provided in s. 775.082, s.
  202  775.083, or s. 775.084.
  203         Section 6. This act shall take effect October 1, 2018.
  204  
  205  ================= T I T L E  A M E N D M E N T ================
  206  And the title is amended as follows:
  207         Delete everything before the enacting clause
  208  and insert:
  209                        A bill to be entitled                      
  210         An act relating to commercial motor vehicles; amending
  211         s. 316.302, F.S.; revising regulations to which owners
  212         and drivers of commercial motor vehicles are subject;
  213         delaying the requirement for electronic logging
  214         devices and support documents for certain intrastate
  215         motor carriers; deleting a limitation on a civil
  216         penalty for falsification of certain time records;
  217         deleting a requirement that a motor carrier maintain
  218         certain documentation of driving times; providing an
  219         exemption from specified provisions for a person who
  220         operates a commercial motor vehicle with a certain
  221         gross vehicle weight, gross vehicle weight rating, and
  222         gross combined weight rating; deleting the exemption
  223         from such provisions for a person transporting
  224         petroleum products; amending s. 320.01, F.S.; revising
  225         the definition of the term “apportionable vehicle”;
  226         amending s. 320.06, F.S.; requiring a vehicle that has
  227         an apportioned registration to be issued, before a
  228         specified date, an annual license plate and a cab card
  229         denoting the declared gross vehicle weight; providing
  230         requirements, beginning on a specified date, for
  231         license plates, cab cards, and validation stickers for
  232         vehicles registered in accordance with the
  233         International Registration Plan; providing a specified
  234         fee for initial and renewed validation stickers;
  235         requiring the fee to be deposited into the Highway
  236         Safety Operating Trust Fund; authorizing a damaged or
  237         worn license plate to be replaced at no charge under
  238         certain circumstances; amending s. 320.0607, F.S.;
  239         providing an exemption, beginning on a specified date,
  240         from a certain fee for vehicles registered under the
  241         International Registration Plan; amending s. 812.014,
  242         F.S.; providing a criminal penalty for an offender
  243         committing grand theft who uses a device to interfere
  244         with a global positioning or similar system; providing
  245         an effective date.