Florida Senate - 2019 SB 660
By Senator Brandes
24-00795A-19 2019660__
1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; requiring the Department of Transportation to
4 consist of a central office that establishes policies
5 and procedures and districts that carry out projects
6 as authorized or required under the policies and
7 procedures of the central office; amending s. 316.003,
8 F.S.; revising and adding definitions; conforming a
9 cross-reference; amending s. 316.008, F.S.; requiring
10 that personal delivery devices and mobile carriers be
11 operated in accordance with rules of the Department of
12 Transportation; authorizing more restrictive local
13 ordinances; amending s. 316.0895, F.S.; prohibiting
14 the driver of any vehicle from following another
15 vehicle more closely than is reasonable and prudent
16 given certain circumstances; providing construction;
17 deleting a provision relating to prohibitions on
18 certain vehicles following other vehicles within a
19 specified distance; repealing s. 316.0896, F.S.,
20 relating to an assistive truck platooning technology
21 pilot project; creating s. 316.0897, F.S.; requiring
22 the Department of Transportation, in consultation with
23 the Department of Highway Safety and Motor Vehicles,
24 to adopt rules for the operation of platoons, subject
25 to certain requirements; creating s. 316.0899, F.S.;
26 authorizing the Department of Transportation, in
27 consultation with the Department of Highway Safety and
28 Motor Vehicles, to conduct pilot or demonstration
29 programs to explore the efficient implementation of
30 innovative transportation technologies; requiring the
31 Department of Transportation to prepare an annual
32 report outlining the programs undertaken pursuant to
33 this section; requiring the report be submitted to the
34 Governor and Legislature; amending s. 316.2071, F.S.;
35 requiring personal delivery devices and mobile
36 carriers to comply with certain rules of the
37 Department of Transportation or county or municipal
38 ordinances; amending s. 316.224, F.S.; conforming a
39 cross-reference; amending s. 316.235, F.S.;
40 authorizing a motor vehicle to be equipped with
41 certain lamps or devices under certain circumstances;
42 amending s. 316.2397, F.S.; prohibiting a person from
43 driving or moving any vehicle or equipment upon any
44 highway within this state with any lamp or device
45 showing or displaying a certain red and white light;
46 authorizing certain vehicles to display red and white
47 lights; conforming a cross-reference; amending s.
48 316.2398, F.S.; authorizing certain vehicles to
49 display red and white warning signals under certain
50 circumstances; providing requirements for such warning
51 signals; deleting a specified penalty; amending s.
52 316.302, F.S.; revising regulations applicable to
53 owners and drivers of commercial motor vehicles;
54 deleting a limitation on a civil penalty for
55 falsification of certain time records; deleting a
56 requirement that a motor carrier maintain certain
57 documentation of driving times; deleting the exemption
58 from certain requirements for a person transporting
59 petroleum products; amending s. 316.303, F.S.;
60 exempting an operator of a platoon from the
61 prohibition against active display of television or
62 video; amending s. 316.515, F.S.; revising length and
63 load extension limitations for stinger-steered
64 automobile transporters; authorizing automobile
65 transporters to backhaul certain cargo or freight
66 under certain circumstances; authorizing an unladen
67 power unit to tow a certain combination of trailers or
68 semitrailers under certain circumstances; amending s.
69 316.85, F.S.; authorizing the Florida Turnpike
70 Enterprise and certain authorities to fund, construct,
71 and operate facilities for the advancement of
72 autonomous and connected innovative transportation
73 technologies, for certain purposes; amending s.
74 318.14, F.S.; revising the number of times that
75 certain persons may elect to attend a basic driver
76 improvement course; amending s. 319.141, F.S.;
77 revising the definition of the term “rebuilt
78 inspection services”; deleting obsolete language;
79 requiring that the Department of Highway Safety and
80 Motor Vehicles establish a memorandum of understanding
81 that allows private sector operators participating in
82 the pilot program to conduct rebuilt motor vehicle
83 inspections and specifies certain requirements;
84 requiring the department to ensure that a private
85 sector operator of the pilot rebuilt motor vehicle
86 inspection program meets certain criteria before the
87 operator is approved to participate; specifying
88 minimum requirements for the private sector operators;
89 requiring the operator of a facility to annually make
90 certain attestations; prohibiting a private sector
91 operator from conducting an inspection of a vehicle
92 rebuilt before its purchase by the current vehicle
93 owner; requiring that such vehicles be inspected by
94 the department; requiring any vehicle owner applying
95 for a vehicle title that fails an initial rebuilt
96 inspection to have that vehicle reinspected only by
97 the department or the facility that conducted the
98 original inspection; prohibiting any person or
99 business authorized by the department to train,
100 certify, or recertify operators and inspectors of
101 private rebuilt motor vehicle inspection facilities
102 from certifying or recertifying itself or any of its
103 employees; requiring the department to conduct an
104 onsite facility inspection at least twice a year;
105 requiring a current operator to give the department
106 certain notice before any transfer of a rebuilt
107 inspection facility; requiring a transferee to meet
108 certain eligibility requirements and execute a new
109 memorandum of understanding with the department before
110 operating the facility; revising the date of repeal of
111 pilot rebuilt motor vehicle inspection program;
112 requiring the department to submit a written report to
113 the Governor and Legislature by a certain date;
114 amending s. 320.01, F.S.; revising the definition of
115 the term “apportionable vehicle”; amending s. 320.02,
116 F.S.; requiring the application form for motor vehicle
117 registration and renewal of registration to include an
118 option to make a voluntary contribution to the
119 Alzheimer’s Association, Inc.; providing distribution
120 requirements for such contribution; amending s.
121 320.06, F.S.; specifying that issuance of a certain
122 annual license plate and cab card to a vehicle that
123 has an apportioned registration continues until a
124 specified date; revising information required to
125 appear on the cab card; providing requirements,
126 beginning on a specified date, for license plates, cab
127 cards, and validation stickers for vehicles registered
128 in accordance with the International Registration
129 Plan; requiring an associated fee to be deposited in
130 the Highway Safety Operating Trust Fund; authorizing a
131 damaged or worn license plate to be replaced at no
132 charge under certain circumstances; amending s.
133 320.0605, F.S.; requiring that a certain electronic
134 copy of a registration certificate and an electronic
135 copy of rental or lease documentation issued for a
136 motor vehicle be in the possession of the operator or
137 be carried in the vehicle for which it is issued and
138 be exhibited upon demand of any authorized law
139 enforcement officer or any agent of the department;
140 specifying that the act of presenting to a law
141 enforcement officer or agent of the department an
142 electronic device displaying an electronic copy of a
143 registration certificate or rental or lease
144 documentation does not constitute consent for the
145 officer or agent to access any information on the
146 device other than the displayed certificate or
147 documentation; requiring the person who presents the
148 device to the officer or agent to assume the liability
149 for any resulting damage to the device; providing that
150 rental or lease documentation that includes the date
151 and time of rental is sufficient to satisfy a
152 specified requirement; amending s. 320.0607, F.S.;
153 providing an exemption, beginning on a specified date,
154 from a certain fee for vehicles registered under the
155 International Registration Plan; amending s. 320.131,
156 F.S.; authorizing the department, beginning on a
157 specified date, to partner with a county tax collector
158 to conduct a Fleet Vehicle Temporary Tag pilot
159 program, subject to certain requirements; providing
160 for future repeal of the program; amending s. 320.95,
161 F.S.; allowing the department to authorize issuance of
162 an electronic certificate of registration; authorizing
163 such certificate to be presented for inspection;
164 providing for construction; assigning liability for
165 any damage occurring to the device that displays the
166 certificate; amending s. 322.01, F.S.; revising and
167 providing definitions; amending s. 322.032, F.S.;
168 directing the department to implement protocols for
169 issuing an optional electronic credential and to
170 procure a related technology system; providing
171 requirements for qualified entities; requiring the
172 department to maintain certain protocols and national
173 standards; requiring the department to timely review
174 and approve all electronic credential provider
175 requests for authorized access to certain interfaces
176 that meet the department’s requirements; providing
177 requirements for an electronic credential provider and
178 the electronic credential and verification system;
179 requiring the department to procure electronic
180 credential providers and a credential service
181 provider; requiring the department to enter into
182 specified agreements with electronic credential
183 providers; requiring a report to the Governor and the
184 Legislature; requiring that the department provide
185 electronic credential providers access to a
186 standardized digital transaction process that has
187 specified capabilities; requiring that certain revenue
188 be deposited into the Motor Vehicle License Clearing
189 Trust Fund for distribution; prohibiting fees from
190 being charged to certain entities; requiring that an
191 electronic credential be in a format that allows
192 certain entities to make specified verifications and
193 validations; specifying that presenting an electronic
194 device displaying an electronic credential does not
195 constitute consent for a law enforcement officer to
196 access any other information on such device; providing
197 for the assumption of liability; providing punishments
198 for the manufacture or possession of a false
199 electronic credential; amending s. 322.059, F.S.;
200 conforming a provision to changes made by the act;
201 amending s. 322.143, F.S.; revising the definition of
202 the term “swipe”; amending s. 322.15, F.S.; conforming
203 a provision to changes made by the act; amending s.
204 322.38, F.S.; revising requirements for renting a
205 motor vehicle to another person; amending s. 322.61,
206 F.S.; conforming a cross-reference; amending s.
207 324.031, F.S.; authorizing the owner or operator of
208 for-hire passenger transportation vehicles to prove
209 financial responsibility by providing satisfactory
210 evidence of holding a motor vehicle liability policy
211 that is provided by a certain insurer; amending s.
212 324.032, F.S.; decreasing the minimum number of for
213 hire passenger transportation vehicles that an owner
214 or a lessee must operate in order to be able to
215 provide financial responsibility by complying with
216 specified provisions, subject to certain requirements;
217 amending s. 338.166, F.S.; establishing toll amounts
218 charged on segments of an express lane when the
219 average travel speed falls below a certain speed;
220 providing for the determination of express lane
221 segments; deleting provisions relating to a customer’s
222 express lane average travel speed; amending s.
223 338.2216, F.S.; revising requirements for variable
224 pricing in certain express lanes; providing for the
225 determination of segments; deleting provisions
226 relating to toll amounts to be charged after a certain
227 date; amending s. 338.222, F.S.; requiring any
228 contract for the transfer, purchase, sale,
229 acquisition, or other conveyance of the ownership,
230 operation, or maintenance of a turnpike project or any
231 part of the turnpike system to a local governmental
232 entity to be specifically approved by the Legislature;
233 amending s. 655.960, F.S.; conforming a cross
234 reference; amending s. 812.014, F.S.; providing a
235 criminal penalty for an offender committing grand
236 theft who uses a device to interfere with a global
237 positioning or similar system if the property stolen
238 is cargo; requiring the department, in cooperation
239 with the Florida Tax Collectors Association, to review
240 and make recommendations regarding the registration
241 renewal period for certain heavy trucks; requiring the
242 department to submit a certain report to the Governor
243 and Legislature by a specified date; providing
244 requirements for the report; requiring the Florida
245 Transportation Commission, by a specified date, to
246 review all sources of revenue for transportation
247 infrastructure and maintenance projects and to submit
248 a certain report to the Governor and the Legislature;
249 authorizing the commission, in consultation with the
250 Department of Highway Safety and Motor Vehicles, to
251 use certain commercially available data; providing
252 minimum reporting requirements; requiring the
253 commission, in consultation with the Division of
254 Emergency Management, to make an assessment of
255 transportation infrastructure with respect to
256 emergency evacuations and electric vehicles;
257 specifying requirements for the report; providing
258 effective dates.
259
260 Be It Enacted by the Legislature of the State of Florida:
261
262 Section 1. Subsection (1) of section 20.23, Florida
263 Statutes, is amended to read:
264 20.23 Department of Transportation.—The There is created a
265 Department of Transportation is created as which shall be a
266 decentralized agency.
267 (1)(a) The Department of Transportation consists of:
268 1. A central office, which establishes policies and
269 procedures; and
270 2. Districts, which carry out projects as authorized or
271 required under the policies and procedures of the central office
272 established pursuant to this section.
273 (b)(a) The head of the Department of Transportation is the
274 Secretary of Transportation. The secretary is shall be appointed
275 by the Governor from among three persons nominated by the
276 Florida Transportation Commission and is shall be subject to
277 confirmation by the Senate. The secretary serves shall serve at
278 the pleasure of the Governor.
279 (c)(b) The secretary must shall be a proven, effective
280 administrator who, by a combination of education and experience,
281 clearly possesses shall clearly possess a broad knowledge of the
282 administrative, financial, and technical aspects of the
283 development, operation, and regulation of transportation systems
284 and facilities or comparable systems and facilities.
285 (d)(c) The secretary shall provide to the Florida
286 Transportation Commission or its staff any, such assistance,
287 information, and documents as are requested by the commission or
288 its staff to enable the commission to fulfill its duties and
289 responsibilities.
290 (e)(d) The secretary may appoint up to three assistant
291 secretaries who shall be directly responsible to the secretary
292 and who shall perform any such duties as are assigned by the
293 secretary. The secretary shall designate to an assistant
294 secretary the duties related to enhancing economic prosperity,
295 including, but not limited to, serving as the responsibility of
296 liaison with the head of economic development in the Executive
297 Office of the Governor. Such assistant secretary shall be
298 directly responsible for providing the Executive Office of the
299 Governor with investment opportunities and transportation
300 projects that expand the state’s role as a global hub for trade
301 and investment and enhance the supply chain system in the state
302 to process, assemble, and ship goods to markets throughout the
303 eastern United States, Canada, the Caribbean, and Latin America.
304 The secretary may delegate to any assistant secretary the
305 authority to act in the absence of the secretary.
306 (f)(e) Any secretary appointed after July 5, 1989, and the
307 assistant secretaries are shall be exempt from the provisions of
308 part III of chapter 110 and must shall receive compensation
309 commensurate with their qualifications and competitive with
310 compensation for comparable responsibility in the private
311 sector.
312 Section 2. Subsections (55) through (101) of section
313 316.003, Florida Statutes, are redesignated as subsections (56)
314 through (102), respectively, subsections (39) and (53) and
315 present subsection (59) of that section are amended, and a new
316 subsection (55) is added to that section, to read:
317 316.003 Definitions.—The following words and phrases, when
318 used in this chapter, shall have the meanings respectively
319 ascribed to them in this section, except where the context
320 otherwise requires:
321 (39) MOBILE CARRIER.—An electrically powered device that:
322 (a) Is operated on sidewalks and crosswalks and is intended
323 primarily for transporting property;
324 (b) Weighs less than 80 pounds, excluding cargo;
325 (c) Has a maximum speed of 12.5 mph; and
326 (b)(d) Is equipped with a technology to transport personal
327 property with the active monitoring of a property owner and
328 primarily designed to remain within 25 feet of the property
329 owner.
330
331 A mobile carrier is not considered a vehicle or personal
332 delivery device unless expressly defined by law as a vehicle or
333 personal delivery device.
334 (53) PERSONAL DELIVERY DEVICE.—An electrically powered
335 device that is:
336 (a) Is Operated on sidewalks and crosswalks in accordance
337 with rules of the Department of Transportation; and
338 (b) Intended primarily for transporting property;
339 (b) Weighs less than 80 pounds, excluding cargo;
340 (c) Has a maximum speed of 10 miles per hour; and
341 (c) Equipped with a technology to allow for operation of
342 the device with or without the active control or monitoring of a
343 natural person.
344
345 A personal delivery device is not considered a vehicle unless
346 expressly defined by law as a vehicle. A mobile carrier is not
347 considered a personal delivery device.
348 (55) PLATOON.—A group of two or more individual truck
349 tractor-semitrailer combinations that transport property in
350 amounts that do not require placarding and travel in a unified
351 manner at electronically coordinated speeds and following
352 distances.
353 (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
354 provided in paragraph (82)(b) (81)(b), any privately owned way
355 or place used for vehicular travel by the owner and those having
356 express or implied permission from the owner, but not by other
357 persons.
358 Section 3. Subsection (7) of section 316.008, Florida
359 Statutes, is amended to read:
360 316.008 Powers of local authorities.—
361 (7)(a) A county or municipality may enact an ordinance to
362 permit, control, or regulate the operation of vehicles, golf
363 carts, mopeds, motorized scooters, and electric personal
364 assistive mobility devices on sidewalks or sidewalk areas when
365 such use is permissible under federal law. The ordinance must
366 restrict such vehicles or devices to a maximum speed of 15 miles
367 per hour in such areas.
368 (b)1. Except as provided in subparagraph 2., a personal
369 delivery device and a mobile carrier may be operated on
370 sidewalks and crosswalks, in accordance with rules of the
371 Department of Transportation, within a county or municipality
372 when such use is permissible under federal law. This paragraph
373 does not restrict a county or municipality from otherwise
374 adopting regulations for the safe operation of personal delivery
375 devices and mobile carriers, including, but not limited to, an
376 ordinance that is more restrictive than the rules of the
377 Department of Transportation.
378 2. A personal delivery device may not be operated on the
379 Florida Shared-Use Nonmotorized Trail Network created under s.
380 339.81 or components of the Florida Greenways and Trails System
381 created under chapter 260.
382 Section 4. Section 316.0895, Florida Statutes, is amended
383 to read:
384 316.0895 Following too closely.—
385 (1) The driver of a motor vehicle may shall not follow
386 another vehicle more closely than is reasonable and prudent,
387 given having due regard for the speed of the such vehicles; the
388 vehicle’s functioning level of automation; and the traffic on
389 upon, and the condition of, the highway. This subsection may not
390 be construed to prevent overtaking and passing.
391 (2) It is unlawful for the driver of any motor truck, motor
392 truck drawing another vehicle, or vehicle towing another vehicle
393 or trailer, when traveling upon a roadway outside of a business
394 or residence district, to follow within 300 feet of another
395 motor truck, motor truck drawing another vehicle, or vehicle
396 towing another vehicle or trailer. The provisions of this
397 subsection shall not be construed to prevent overtaking and
398 passing nor shall the same apply upon any lane specially
399 designated for use by motor trucks or other slow-moving
400 vehicles.
401 (2)(3) Motor vehicles being driven upon any roadway outside
402 of a business or residence district in a caravan or motorcade,
403 regardless of whether they are or not towing other vehicles,
404 must shall be so operated so as to allow sufficient space
405 between each such vehicle or combination of vehicles as to
406 enable any other vehicle to safely enter and occupy such space
407 without danger. This subsection does provision shall not apply
408 to funeral processions.
409 (3)(4) A violation of this section is a noncriminal traffic
410 infraction, punishable as a moving violation as provided in
411 chapter 318.
412 Section 5. Section 316.0896, Florida Statutes, is repealed.
413 Section 6. Section 316.0897, Florida Statutes, is created
414 to read:
415 316.0897 Driver-assistive truck platooning.—The Department
416 of Transportation, in consultation with the department, shall
417 adopt rules setting standards and guidelines for the operation
418 of vehicles equipped with driver-assistive truck platooning
419 technology, as defined in s. 316.003, on public roads in this
420 state. Such rules must include, but need not be limited to,
421 standards and guidelines for the commercial operation of
422 vehicles equipped with driver-assistive truck platooning
423 technology, as defined in that section.
424 Section 7. Section 316.0899, Florida Statutes, is created
425 to read:
426 316.0899 Innovative transportation technology pilot or
427 demonstration programs.—The Department of Transportation, in
428 consultation with the department, may conduct pilot or
429 demonstration programs to explore the efficient implementation
430 of innovative transportation technologies, including, but not
431 limited to, vehicle electrification, shared vehicle use,
432 automated vehicles, and other mobility technologies that provide
433 transportation options intended to increase personal mobility,
434 to facilitate shorter urban trips, or to provide connections to
435 other modes of transportation. Such pilot or demonstration
436 programs may also include innovative transportation technologies
437 that improve the delivery of transportation disadvantaged
438 services. The Department of Transportation shall prepare an
439 annual report outlining the programs undertaken pursuant to this
440 section. The report may include any findings or recommendations
441 the department deems necessary for future implementation. The
442 report must be submitted to the Governor, the President of the
443 Senate, and the Speaker of the House of Representatives.
444 Section 8. Subsection (2) of section 316.2071, Florida
445 Statues, is amended to read:
446 316.2071 Personal delivery devices and mobile carriers.—
447 (2) A personal delivery device and a mobile carrier must:
448 (a) Obey all official traffic and pedestrian control
449 signals and devices.
450 (b) Comply with rules of the Department of Transportation
451 governing the operation of a personal delivery device and a
452 mobile carrier or with any county or municipal ordinance adopted
453 pursuant to s. 316.008(7)(b).
454 (c) For personal delivery devices, include a plate or
455 marker that has a unique identifying device number and
456 identifies the name and contact information of the personal
457 delivery device operator.
458 (d)(c) Be equipped with a braking system that, when active
459 or engaged, enables the personal delivery device or mobile
460 carrier to come to a controlled stop.
461 Section 9. Subsection (3) of section 316.224, Florida
462 Statutes, is amended to read:
463 316.224 Color of clearance lamps, identification lamps,
464 side marker lamps, backup lamps, reflectors, and deceleration
465 lights.—
466 (3) All lighting devices and reflectors mounted on the rear
467 of any vehicle must shall display or reflect a red color, except
468 the stop light or other signal device, which may be red, amber,
469 or yellow, and except that the light illuminating the license
470 plate must shall be white and the light emitted by a backup lamp
471 must shall be white or amber. Deceleration lights as authorized
472 by s. 316.235(6) must s. 316.235(5) shall display an amber
473 color.
474 Section 10. Subsections (3) through (6) of section 316.235,
475 Florida Statutes, are redesignated as subsections (4) through
476 (7), respectively, and a new subsection (3) is added to that
477 section, to read:
478 316.235 Additional lighting equipment.—
479 (3) Any motor vehicle may be equipped with one or more
480 lamps or devices underneath the motor vehicle as long as such
481 lamps or devices do not emit light in violation of s. 316.238 or
482 s. 316.2397(1) or (7).
483 Section 11. Subsections (1), (3), and (7) of section
484 316.2397, Florida Statutes, are amended to read:
485 316.2397 Certain lights prohibited; exceptions.—
486 (1) A No person may not shall drive or move or cause to be
487 moved any vehicle or equipment upon any highway within this
488 state with any lamp or device thereon showing or displaying a
489 red, a red and white, or a blue light visible from directly in
490 front thereof except for certain vehicles hereinafter provided
491 in this section.
492 (3) Vehicles of the fire department and fire patrol,
493 including vehicles of volunteer firefighters as permitted under
494 s. 316.2398, may show or display red or red and white lights.
495 Vehicles of medical staff physicians or technicians of medical
496 facilities licensed by the state as authorized under s.
497 316.2398, ambulances as authorized under this chapter, and buses
498 and taxicabs as authorized under s. 316.2399 may show or display
499 red lights. Vehicles of the fire department, fire patrol, police
500 vehicles, and such ambulances and emergency vehicles of
501 municipal and county departments, public service corporations
502 operated by private corporations, the Fish and Wildlife
503 Conservation Commission, the Department of Environmental
504 Protection, the Department of Transportation, the Department of
505 Agriculture and Consumer Services, and the Department of
506 Corrections as are designated or authorized by their respective
507 department or the chief of police of an incorporated city or any
508 sheriff of any county may operate emergency lights and sirens in
509 an emergency. Wreckers, mosquito control fog and spray vehicles,
510 and emergency vehicles of governmental departments or public
511 service corporations may show or display amber lights when in
512 actual operation or when a hazard exists provided they are not
513 used going to and from the scene of operation or hazard without
514 specific authorization of a law enforcement officer or law
515 enforcement agency. Wreckers must use amber rotating or flashing
516 lights while performing recoveries and loading on the roadside
517 day or night, and may use such lights while towing a vehicle on
518 wheel lifts, slings, or under reach if the operator of the
519 wrecker deems such lights necessary. A flatbed, car carrier, or
520 rollback may not use amber rotating or flashing lights when
521 hauling a vehicle on the bed unless it creates a hazard to other
522 motorists because of protruding objects. Further, escort
523 vehicles may show or display amber lights when in the actual
524 process of escorting overdimensioned equipment, material, or
525 buildings as authorized by law. Vehicles owned or leased by
526 private security agencies may show or display green and amber
527 lights, with either color being no greater than 50 percent of
528 the lights displayed, while the security personnel are engaged
529 in security duties on private or public property.
530 (7) Flashing lights are prohibited on vehicles except:
531 (a) As a means of indicating a right or left turn, to
532 change lanes, or to indicate that the vehicle is lawfully
533 stopped or disabled upon the highway;
534 (b) When a motorist intermittently flashes his or her
535 vehicle’s headlamps at an oncoming vehicle notwithstanding the
536 motorist’s intent for doing so; and
537 (c) For the lamps authorized under subsections (1), (2),
538 (3), (4), and (9), s. 316.2065, or s. 316.235(6), s. 316.235(5)
539 which may flash.
540 Section 12. Section 316.2398, Florida Statutes, is amended
541 to read:
542 316.2398 Display or use of red or red and white warning
543 signals; motor vehicles of volunteer firefighters or medical
544 staff.—
545 (1) A privately owned vehicle belonging to an active
546 firefighter member of a regularly organized volunteer
547 firefighting company or association, while en route to the fire
548 station for the purpose of proceeding to the scene of a fire or
549 other emergency or while en route to the scene of a fire or
550 other emergency in the line of duty as an active firefighter
551 member of a regularly organized firefighting company or
552 association, may display or use red or red and white warning
553 signals. or A privately owned vehicle belonging to a medical
554 staff physician or technician of a medical facility licensed by
555 the state, while responding to an emergency in the line of duty,
556 may display or use red warning signals. Warning signals must be
557 visible from the front and from the rear of such vehicle,
558 subject to the following restrictions and conditions:
559 (a) No more than two red or red and white warning signals
560 may be displayed.
561 (b) No inscription of any kind may appear across the face
562 of the lens of the red or red and white warning signal.
563 (c) In order for an active volunteer firefighter to display
564 such red or red and white warning signals on his or her vehicle,
565 the volunteer firefighter must first secure a written permit
566 from the chief executive officers of the firefighting
567 organization to use the red or red and white warning signals,
568 and this permit must be carried by the volunteer firefighter at
569 all times while the red or red and white warning signals are
570 displayed.
571 (2) A It is unlawful for any person who is not an active
572 firefighter member of a regularly organized volunteer
573 firefighting company or association or a physician or technician
574 of the medical staff of a medical facility licensed by the state
575 may not to display on any motor vehicle owned by him or her, at
576 any time, any red or red and white warning signals as described
577 in subsection (1).
578 (3) It is unlawful for An active volunteer firefighter may
579 not to operate any red or red and white warning signals as
580 authorized in subsection (1), except while en route to the fire
581 station for the purpose of proceeding to the scene of a fire or
582 other emergency, or while at or en route to the scene of a fire
583 or other emergency, in the line of duty.
584 (4) It is unlawful for A physician or technician of the
585 medical staff of a medical facility may not to operate any red
586 warning signals as authorized in subsection (1), except when
587 responding to an emergency in the line of duty.
588 (5) A violation of this section is a nonmoving violation,
589 punishable as provided in chapter 318. In addition, any
590 volunteer firefighter shall be dismissed from membership in the
591 firefighting organization by the chief executive officers
592 thereof.
593 Section 13. Subsection (1) and paragraphs (a), (c), (d),
594 and (f) of subsection (2) of section 316.302, Florida Statutes,
595 are amended to read:
596 316.302 Commercial motor vehicles; safety regulations;
597 transporters and shippers of hazardous materials; enforcement.—
598 (1)(a) All owners and drivers of commercial motor vehicles
599 that are operated on the public highways of this state while
600 engaged in interstate commerce are subject to the rules and
601 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
602 (b) Except as otherwise provided in this section, all
603 owners or drivers of commercial motor vehicles that are engaged
604 in intrastate commerce are subject to the rules and regulations
605 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
606 the exception of 49 C.F.R. s. 390.5 as it relates to the
607 definition of bus, as such rules and regulations existed on
608 December 31, 2018 2012.
609 (c) The emergency exceptions provided by 49 C.F.R. s.
610 392.82 also apply to communications by utility drivers and
611 utility contractor drivers during a Level 1 activation of the
612 State Emergency Operations Center, as provided in the Florida
613 Comprehensive Emergency Management plan, or during a state of
614 emergency declared by executive order or proclamation of the
615 Governor.
616 (d) Except as provided in s. 316.215(5), and except as
617 provided in s. 316.228 for rear overhang lighting and flagging
618 requirements for intrastate operations, the requirements of this
619 section supersede all other safety requirements of this chapter
620 for commercial motor vehicles.
621 (2)(a) A person who operates a commercial motor vehicle
622 solely in intrastate commerce not transporting any hazardous
623 material in amounts that require placarding pursuant to 49
624 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
625 and 395.3 49 C.F.R. ss. 391.11(b)(1) and 395.3(a) and (b).
626 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
627 operates a commercial motor vehicle solely in intrastate
628 commerce not transporting any hazardous material in amounts that
629 require placarding pursuant to 49 C.F.R. part 172 may not drive
630 after having been on duty more than 70 hours in any period of 7
631 consecutive days or more than 80 hours in any period of 8
632 consecutive days if the motor carrier operates every day of the
633 week. Thirty-four consecutive hours off duty shall constitute
634 the end of any such period of 7 or 8 consecutive days. This
635 weekly limit does not apply to a person who operates a
636 commercial motor vehicle solely within this state while
637 transporting, during harvest periods, any unprocessed
638 agricultural products or unprocessed food or fiber that is
639 subject to seasonal harvesting from place of harvest to the
640 first place of processing or storage or from place of harvest
641 directly to market or while transporting livestock, livestock
642 feed, or farm supplies directly related to growing or harvesting
643 agricultural products. Upon request of the Department of Highway
644 Safety and Motor Vehicles, motor carriers shall furnish time
645 records or other written verification to that department so that
646 the Department of Highway Safety and Motor Vehicles can
647 determine compliance with this subsection. These time records
648 must be furnished to the Department of Highway Safety and Motor
649 Vehicles within 2 days after receipt of that department’s
650 request. Falsification of such information is subject to a civil
651 penalty not to exceed $100. The provisions of This paragraph
652 does do not apply to operators of farm labor vehicles operated
653 during a state of emergency declared by the Governor or operated
654 pursuant to s. 570.07(21) or, and do not apply to drivers of
655 utility service vehicles as defined in 49 C.F.R. s. 395.2.
656 (d) A person who operates a commercial motor vehicle solely
657 in intrastate commerce not transporting any hazardous material
658 in amounts that require placarding pursuant to 49 C.F.R. part
659 172 within a 150 air-mile radius of the location where the
660 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
661 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
662 and (v) 49 C.F.R. s. 395.1(e)(1)(iii) and (v) are met. If a
663 driver is not released from duty within 12 hours after the
664 driver arrives for duty, the motor carrier must maintain
665 documentation of the driver’s driving times throughout the duty
666 period.
667 (f) A person who operates a commercial motor vehicle having
668 a declared gross vehicle weight, gross vehicle weight rating,
669 and gross combined weight rating of less than 26,001 pounds
670 solely in intrastate commerce and who is not transporting
671 hazardous materials in amounts that require placarding pursuant
672 to 49 C.F.R. part 172, or who is transporting petroleum products
673 as defined in s. 376.301, is exempt from subsection (1).
674 However, such person must comply with 49 C.F.R. parts 382, 392,
675 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
676 Section 14. Subsection (3) of section 316.303, Florida
677 Statutes, is amended to read:
678 316.303 Television receivers.—
679 (3) This section does not prohibit the use of an electronic
680 display used in conjunction with a vehicle navigation system; an
681 electronic display used by an operator of a vehicle equipped
682 with autonomous technology, as defined in s. 316.003(3); or an
683 electronic display used by an operator of a platoon or a vehicle
684 equipped and operating with driver-assistive truck platooning
685 technology, as defined in s. 316.003.
686 Section 15. Subsections (3) and (4) of section 316.515,
687 Florida Statutes, are amended, and subsection (16) is added to
688 that section, to read:
689 316.515 Maximum width, height, length.—
690 (3) LENGTH LIMITATION.—Except as otherwise provided in this
691 section, length limitations apply solely to a semitrailer or
692 trailer, and not to a truck tractor or to the overall length of
693 a combination of vehicles. No combination of commercial motor
694 vehicles coupled together and operating on the public roads may
695 consist of more than one truck tractor and two trailing units.
696 Unless otherwise specifically provided for in this section, a
697 combination of vehicles not qualifying as commercial motor
698 vehicles may consist of no more than two units coupled together;
699 such nonqualifying combination of vehicles may not exceed a
700 total length of 65 feet, inclusive of the load carried thereon,
701 but exclusive of safety and energy conservation devices approved
702 by the department for use on vehicles using public roads.
703 Notwithstanding any other provision of this section, a truck
704 tractor-semitrailer combination engaged in the transportation of
705 automobiles or boats may transport motor vehicles or boats on
706 part of the power unit; and, except as may otherwise be mandated
707 under federal law, an automobile or boat transporter semitrailer
708 may not exceed 50 feet in length, exclusive of the load;
709 however, the load may extend up to an additional 6 feet beyond
710 the rear of the trailer. The 50-feet length limitation does not
711 apply to non-stinger-steered automobile or boat transporters
712 that are 65 feet or less in overall length, exclusive of the
713 load carried thereon, or to stinger-steered automobile or boat
714 transporters that are 75 feet or less in overall length,
715 exclusive of the load carried thereon, or to stinger-steered
716 automobile transporters that are 80 feet or less in overall
717 length, exclusive of the load carried thereon. For purposes of
718 this subsection, a “stinger-steered automobile or boat
719 transporter” is an automobile or boat transporter configured as
720 a semitrailer combination wherein the fifth wheel is located on
721 a drop frame located behind and below the rearmost axle of the
722 power unit. Automobile transporters operating under this
723 subsection may backhaul cargo or general freight if the weight
724 of such cargo or freight does not exceed the limits imposed
725 under s. 316.535. Notwithstanding paragraphs (a) and (b), any
726 straight truck or truck tractor-semitrailer combination engaged
727 in the transportation of horticultural trees may allow the load
728 to extend up to an additional 10 feet beyond the rear of the
729 vehicle, provided the said trees are resting against a retaining
730 bar mounted above the truck bed so that the root balls of the
731 trees rest on the floor and to the front of the truck bed and
732 the tops of the trees extend up over and to the rear of the
733 truck bed, and provided the overhanging portion of the load is
734 covered with protective fabric.
735 (a) Straight trucks.—A straight truck may not exceed a
736 length of 40 feet in extreme overall dimension, exclusive of
737 safety and energy conservation devices approved by the
738 department for use on vehicles using public roads. A straight
739 truck may attach a forklift to the rear of the cargo bed,
740 provided the overall combined length of the vehicle and the
741 forklift does not exceed 50 feet. A straight truck may tow no
742 more than one trailer, and the overall length of the truck
743 trailer combination may not exceed 68 feet, including the load
744 thereon. Notwithstanding any other provisions of this section, a
745 truck-trailer combination engaged in the transportation of
746 boats, or boat trailers whose design dictates a front-to-rear
747 stacking method may not exceed the length limitations of this
748 paragraph exclusive of the load; however, the load may extend up
749 to an additional 6 feet beyond the rear of the trailer.
750 (b) Semitrailers.—
751 1. A semitrailer operating in a truck tractor-semitrailer
752 combination may not exceed 48 feet in extreme overall outside
753 dimension, measured from the front of the unit to the rear of
754 the unit and the load carried thereon, exclusive of safety and
755 energy conservation devices approved by the department for use
756 on vehicles using public roads, unless it complies with
757 subparagraph 2. A semitrailer which exceeds 48 feet in length
758 and is used to transport divisible loads may operate in this
759 state only if issued a permit under s. 316.550 and if such
760 trailer meets the requirements of this chapter relating to
761 vehicle equipment and safety. Except for highways on the tandem
762 trailer truck highway network, public roads deemed unsafe for
763 longer semitrailer vehicles or those roads on which such longer
764 vehicles are determined not to be in the interest of public
765 convenience shall, in conformance with s. 316.006, be restricted
766 by the Department of Transportation or by the local authority to
767 use by semitrailers not exceeding a length of 48 feet, inclusive
768 of the load carried thereon but exclusive of safety and energy
769 conservation devices approved by the department for use on
770 vehicles using public roads. Truck tractor-semitrailer
771 combinations shall be afforded reasonable access to terminals;
772 facilities for food, fuel, repairs, and rest; and points of
773 loading and unloading.
774 2. A semitrailer which is more than 48 feet but not more
775 than 57 feet in extreme overall outside dimension, as measured
776 pursuant to subparagraph 1., may operate on public roads, except
777 roads on the State Highway System which are restricted by the
778 Department of Transportation or other roads restricted by local
779 authorities, if:
780 a. The distance between the kingpin or other peg that locks
781 into the fifth wheel of a truck tractor and the center of the
782 rear axle or rear group of axles does not exceed 41 feet, or, in
783 the case of a semitrailer used exclusively or primarily to
784 transport vehicles in connection with motorsports competition
785 events, the distance does not exceed 46 feet from the kingpin to
786 the center of the rear axles; and
787 b. It is equipped with a substantial rear-end underride
788 protection device meeting the requirements of 49 C.F.R. s.
789 393.86, “Rear End Protection.”
790 (c) Tandem trailer trucks.—
791 1. Except for semitrailers and trailers of up to 28 1/2
792 feet in length which existed on December 1, 1982, and which were
793 actually and lawfully operating on that date, no semitrailer or
794 trailer operating in a truck tractor-semitrailer-trailer
795 combination may exceed a length of 28 feet in extreme overall
796 outside dimension, measured from the front of the unit to the
797 rear of the unit and the load carried thereon, exclusive of
798 safety and energy conservation devices approved by the
799 Department of Transportation for use on vehicles using public
800 roads.
801 2. Tandem trailer trucks conforming to the weight and size
802 limitations of this chapter and in immediate transit to or from
803 a terminal facility as defined in this chapter may operate on
804 the public roads of this state except for residential
805 neighborhood streets restricted by the Department of
806 Transportation or local jurisdictions. In addition, the
807 Department of Transportation or local jurisdictions may restrict
808 these vehicles from using streets and roads under their
809 maintenance responsibility on the basis of safety and
810 engineering analyses, provided that the restrictions are
811 consistent with the provisions of this chapter. The Department
812 of Transportation shall develop safety and engineering standards
813 to be used by all jurisdictions when identifying public roads
814 and streets to be restricted from tandem trailer truck
815 operations.
816 3. Except as otherwise provided in this section, within 5
817 miles of the Federal National Network for large trucks, tandem
818 trailer trucks shall be afforded access to terminals; facilities
819 for food, fuel, repairs, and rest; and points of loading and
820 unloading.
821 4. Notwithstanding the provisions of any general or special
822 law to the contrary, all local system tandem trailer truck route
823 review procedures must be consistent with those adopted by the
824 Department of Transportation.
825 5. Tandem trailer trucks employed as household goods
826 carriers and conforming to the weight and size limitations of
827 this chapter shall be afforded access to points of loading and
828 unloading on the public streets and roads of this state, except
829 for streets and roads that have been restricted from use by such
830 vehicles on the basis of safety and engineering analyses by the
831 jurisdiction responsible for maintenance of the streets and
832 roads.
833 (d) Maxi-cube vehicles.—Maxi-cube vehicles shall be allowed
834 to operate on routes open to tandem trailer trucks under the
835 same conditions applicable to tandem trailer trucks as specified
836 by this section.
837 (4) LOAD EXTENSION LIMITATION.—The load upon any vehicle
838 operated alone, or the load upon the front vehicle of a
839 combination of vehicles, may not extend more than 3 feet beyond
840 the front wheels of the vehicle or the front bumper of the
841 vehicle if it is equipped with a bumper. However, the load upon
842 any stinger-steered automobile transporter may not extend more
843 than 4 feet beyond the front bumper of the vehicle.
844 (a) The limitations of this subsection do not apply to
845 bicycle racks carrying bicycles on public sector transit
846 vehicles.
847 (b) The provisions of This subsection does shall not apply
848 to a front-end loading collection vehicle, when:
849 1. The front-end loading mechanism and container or
850 containers are in the lowered position;
851 2. The vehicle is engaged in collecting solid waste or
852 recyclable or recovered materials;
853 3. The vehicle is being operated at speeds less than 20
854 miles per hour with the vehicular hazard-warning lights
855 activated; and
856 4. The extension does not exceed 8 feet 6 inches.
857 (16) TOWAWAY TRAILER TRANSPORTER COMBINATIONS.—An unladen
858 power unit may tow two trailers or semitrailers when the
859 combination is not used to carry property, the overall
860 combination length does not exceed 82 feet, and the total gross
861 weight of the combination does not exceed 26,000 pounds. The
862 trailers or semitrailers must constitute inventory property of a
863 manufacturer, distributor, or dealer of such trailers or
864 semitrailers.
865 Section 16. Subsection (3) is added to section 316.85,
866 Florida Statutes, to read:
867 316.85 Autonomous vehicles; operation.—
868 (3) The Florida Turnpike Enterprise and any authority
869 formed under chapters 343, 348, and 349 may fund, construct, and
870 operate facilities for the advancement of autonomous and
871 connected innovative transportation technologies for the
872 purposes of improving safety and decreasing congestion for the
873 traveling public and to otherwise advance the enterprise’s or
874 authority’s objectives as set forth under the Florida
875 Transportation Code or the authority’s enabling statutes.
876 Section 17. Subsection (9) of section 318.14, Florida
877 Statutes, is amended to read:
878 318.14 Noncriminal traffic infractions; exception;
879 procedures.—
880 (9) Any person who does not hold a commercial driver
881 license or commercial learner’s permit and who is cited while
882 driving a noncommercial motor vehicle for an infraction under
883 this section other than a violation of s. 316.183(2), s.
884 316.187, or s. 316.189 when the driver exceeds the posted limit
885 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
886 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
887 lieu of a court appearance, elect to attend in the location of
888 his or her choice within this state a basic driver improvement
889 course approved by the Department of Highway Safety and Motor
890 Vehicles. In such a case, adjudication must be withheld, any
891 civil penalty that is imposed by s. 318.18(3) must be reduced by
892 9 percent, and points, as provided by s. 322.27, may not be
893 assessed. However, a person may not make an election under this
894 subsection if the person has made an election under this
895 subsection in the preceding 12 months. A person may not make
896 more than five elections within his or her lifetime under this
897 subsection, except that a person who has previously made five
898 elections may make an election under this subsection if the
899 person has not made an election in the preceding 36 months. The
900 requirement for community service under s. 318.18(8) is not
901 waived by a plea of nolo contendere or by the withholding of
902 adjudication of guilt by a court. If a person makes an election
903 to attend a basic driver improvement course under this
904 subsection, 9 percent of the civil penalty imposed under s.
905 318.18(3) shall be deposited in the State Courts Revenue Trust
906 Fund; however, that portion is not revenue for purposes of s.
907 28.36 and may not be used in establishing the budget of the
908 clerk of the court under that section or s. 28.35.
909 Section 18. Section 319.141, Florida Statutes, is amended
910 to read:
911 319.141 Pilot rebuilt motor vehicle inspection program.—
912 (1) As used in this section, the term:
913 (a) “Facility” means a rebuilt motor vehicle inspection
914 facility authorized and operating under this section.
915 (b) “Rebuilt inspection services” means an examination of a
916 rebuilt vehicle and a properly endorsed certificate of title,
917 salvage certificate of title, or manufacturer’s statement of
918 origin and an application for a rebuilt certificate of title, a
919 rebuilder’s affidavit, a photograph of the junk or salvage
920 vehicle taken before repairs began, a photograph of the interior
921 driver and passenger sides of the vehicle if airbags were
922 previously deployed and replaced, receipts or invoices for all
923 major component parts, as defined in s. 319.30, and repairs
924 which were changed, and proof that notice of rebuilding of the
925 vehicle has been reported to the National Motor Vehicle Title
926 Information System.
927 (2) By July 1, 2015, The department shall oversee a pilot
928 program in Miami-Dade County to evaluate alternatives for
929 rebuilt inspection services offered by existing private sector
930 operators, including the continued use of private facilities,
931 the cost impact to consumers, and the potential savings to the
932 department.
933 (3) The department shall establish a memorandum of
934 understanding that allows private sector operators parties
935 participating in the pilot program to conduct rebuilt motor
936 vehicle inspections and specifies requirements for oversight,
937 bonding and insurance, procedures, and forms and requires the
938 electronic transmission of documents.
939 (4) Before a private sector operator an applicant is
940 approved to participate, the department shall ensure that the
941 private sector operator applicant meets basic criteria designed
942 to protect the public. At a minimum, the private sector operator
943 applicant shall meet all of the following requirements:
944 (a) Have and maintain a surety bond or irrevocable letter
945 of credit in the amount of $100,000 executed by the applicant.
946 (b) Secure and maintain a facility at a permanent fixed
947 structure which has at an address that is identified by a
948 county-issued tax folio number and recognized by the United
949 States Postal Service where the only rebuilt inspection services
950 are provided on such property are rebuilt inspection services.
951 The operator of a facility shall annually attest that:
952 1. He or she is not employed by or does not have an
953 ownership interest in or other financial arrangement with the
954 owner, operator, manager, or employee of a motor vehicle repair
955 shop as defined in s. 559.903, a motor vehicle dealer as defined
956 in s. 320.27(1)(c), a towing company, a vehicle storage company,
957 a vehicle auction, an insurance company, a salvage yard, a metal
958 retailer, or a metal rebuilder, from which he or she receives
959 remuneration, directly or indirectly, for the referral of
960 customers for rebuilt inspection services;
961 2. There have been no changes to the ownership structure of
962 the approved facility; and
963 3. Only rebuilt vehicle inspection services approved by the
964 department are being provided at the facility by the operator of
965 the facility.
966 (c) Have and maintain garage liability and other insurance
967 required by the department.
968 (d) Have completed criminal background checks of the
969 owners, partners, and corporate officers and the inspectors
970 employed by the facility.
971 (e) Have a designated office and customer waiting area that
972 is separate from and not within view of the vehicle inspection
973 area. The vehicle inspection area must be capable of
974 accommodating all vehicle types and must be equipped with
975 cameras allowing the department to view and monitor every
976 inspection.
977 (f)(e) Meet any additional criteria the department
978 determines necessary to conduct proper inspections.
979 (5) A participant in the program shall access vehicle and
980 title information and enter inspection results through an
981 electronic filing system authorized by the department and shall
982 maintain records of each rebuilt vehicle inspection processed at
983 the such facility for at least 5 years.
984 (6) A private sector operator in the program may not
985 conduct an inspection of a vehicle that was rebuilt before its
986 purchase by the current vehicle owner. Such vehicles must be
987 inspected by the department.
988 (7) Any vehicle owner applying for a rebuilt title that
989 fails an initial rebuilt inspection may have that vehicle
990 reinspected only by the department or the facility that
991 conducted the original inspection.
992 (8) Any person or business authorized by the department to
993 train, certify, or recertify operators and inspectors of private
994 rebuilt motor vehicle inspection facilities may not certify or
995 recertify itself or any of its employees.
996 (9)(6) The department shall conduct an onsite facility
997 inspection at least twice a year and shall immediately terminate
998 any operator from the program who fails to meet the minimum
999 eligibility requirements specified in subsection (4). Before any
1000 a change in ownership or transfer of a rebuilt inspection
1001 facility, the current operator must give the department 45 days’
1002 written notice of the intended sale or transfer. The prospective
1003 owner or transferee must meet the eligibility requirements of
1004 this section and execute a new memorandum of understanding with
1005 the department before operating the facility.
1006 (10)(7) This section is repealed on July 1, 2021 2018,
1007 unless saved from repeal through reenactment by the Legislature.
1008 On or before January 1, 2020, the department shall submit a
1009 written report to the Governor, the President of the Senate, and
1010 the Speaker of the House of Representatives evaluating the
1011 current program and the benefits to the consumer and the
1012 department.
1013 Section 19. Subsection (24) of section 320.01, Florida
1014 Statutes, is amended to read:
1015 320.01 Definitions, general.—As used in the Florida
1016 Statutes, except as otherwise provided, the term:
1017 (24) “Apportionable vehicle” means any vehicle, except
1018 recreational vehicles, vehicles displaying restricted plates,
1019 city pickup and delivery vehicles, buses used in transportation
1020 of chartered parties, and government-owned vehicles, which is
1021 used or intended for use in two or more member jurisdictions
1022 that allocate or proportionally register vehicles and which is
1023 used for the transportation of persons for hire or is designed,
1024 used, or maintained primarily for the transportation of property
1025 and:
1026 (a) Is a power unit having a gross vehicle weight in excess
1027 of 26,000 pounds;
1028 (b) Is a power unit having three or more axles, regardless
1029 of weight; or
1030 (c) Is used in combination, when the weight of such
1031 combination exceeds 26,000 pounds gross vehicle weight.
1032
1033 Vehicles, or combinations thereof, having a gross vehicle weight
1034 of 26,000 pounds or less and two-axle vehicles may be
1035 proportionally registered.
1036 Section 20. Paragraph (v) is added to subsection (16) of
1037 section 320.02, Florida Statutes, to read:
1038 320.02 Registration required; application for registration;
1039 forms.—
1040 (16)
1041 (v) Notwithstanding s. 320.023, the application form for
1042 motor vehicle registration and renewal of registration must
1043 include language allowing a voluntary contribution of $1 per
1044 applicant to aid in the research of Alzheimer’s disease or
1045 related forms of dementia. Contributions made pursuant to this
1046 paragraph must be distributed to the Alzheimer’s Association,
1047 Inc., for the purpose of such research conducted within this
1048 state.
1049
1050 For the purpose of applying the service charge provided in s.
1051 215.20, contributions received under this subsection are not
1052 income of a revenue nature.
1053 Section 21. Effective upon this act becoming a law,
1054 paragraph (b) of subsection (1) of section 320.06, Florida
1055 Statutes, is amended to read:
1056 320.06 Registration certificates, license plates, and
1057 validation stickers generally.—
1058 (1)
1059 (b)1. Registration license plates bearing a graphic symbol
1060 and the alphanumeric system of identification shall be issued
1061 for a 10-year period. At the end of the 10-year period, upon
1062 renewal, the plate shall be replaced. The department shall
1063 extend the scheduled license plate replacement date from a 6
1064 year period to a 10-year period. The fee for such replacement is
1065 $28, $2.80 of which shall be paid each year before the plate is
1066 replaced, to be credited toward the next $28 replacement fee.
1067 The fees shall be deposited into the Highway Safety Operating
1068 Trust Fund. A credit or refund may not be given for any prior
1069 years’ payments of the prorated replacement fee if the plate is
1070 replaced or surrendered before the end of the 10-year period,
1071 except that a credit may be given if a registrant is required by
1072 the department to replace a license plate under s.
1073 320.08056(8)(a). With each license plate, a validation sticker
1074 shall be issued showing the owner’s birth month, license plate
1075 number, and the year of expiration or the appropriate renewal
1076 period if the owner is not a natural person. The validation
1077 sticker shall be placed on the upper right corner of the license
1078 plate. The license plate and validation sticker shall be issued
1079 based on the applicant’s appropriate renewal period. The
1080 registration period is 12 months, the extended registration
1081 period is 24 months, and all expirations occur based on the
1082 applicant’s appropriate registration period.
1083 2. Before October 1, 2019, a vehicle that has an
1084 apportioned registration shall be issued an annual license plate
1085 and a cab card denoting that denote the declared gross vehicle
1086 weight for each apportioned jurisdiction in which the vehicle is
1087 authorized to operate.
1088 3. Beginning October 1, 2020, a vehicle registered in
1089 accordance with the International Registration Plan shall be
1090 issued a license plate for a 5-year period, an annual cab card
1091 denoting the declared gross vehicle weight, and an annual
1092 validation sticker showing the month and year of expiration. The
1093 validation sticker must be placed in the center of the license
1094 plate. The license plate and validation sticker must be issued
1095 based on the applicant’s appropriate renewal period. This fee
1096 must be deposited into the Highway Safety Operating Trust Fund.
1097 A damaged or worn license plate may be replaced at no charge by
1098 applying to the department and surrendering the current license
1099 plate.
1100 4.2. In order to retain the efficient administration of the
1101 taxes and fees imposed by this chapter, the 80-cent fee increase
1102 in the replacement fee imposed by chapter 2009-71, Laws of
1103 Florida, is negated as provided in s. 320.0804.
1104 Section 22. Section 320.0605, Florida Statutes, is amended
1105 to read:
1106 320.0605 Certificate of registration; possession required;
1107 exception.—
1108 (1)(a) The registration certificate or an official copy
1109 thereof, including an electronic copy in a format authorized by
1110 the department, a true copy or an electronic copy of rental or
1111 lease documentation issued for a motor vehicle or issued for a
1112 replacement vehicle in the same registration period, a temporary
1113 receipt printed upon self-initiated electronic renewal of a
1114 registration via the Internet, or a cab card issued for a
1115 vehicle registered under the International Registration Plan
1116 shall, at all times while the vehicle is being used or operated
1117 on the roads of this state, must be in the possession of the
1118 operator thereof or be carried in the vehicle for which issued
1119 and must shall be exhibited upon demand of any authorized law
1120 enforcement officer or any agent of the department, except for a
1121 vehicle registered under s. 320.0657. The provisions of This
1122 section does do not apply during the first 30 days after
1123 purchase of a replacement vehicle. A violation of this section
1124 is a noncriminal traffic infraction, punishable as a nonmoving
1125 violation as provided in chapter 318.
1126 (b)1. The act of presenting to a law enforcement officer or
1127 agent of the department an electronic device displaying an
1128 electronic copy of the registration certificate or the rental or
1129 lease documentation does not constitute consent for the officer
1130 or agent to access any information on the device other than the
1131 displayed registration certificate or rental or lease
1132 documentation.
1133 2. The person who presents the device to the officer or
1134 agent assumes liability for any resulting damage to the device.
1135 (2) Rental or lease documentation that is sufficient to
1136 satisfy the requirement in subsection (1) includes the
1137 following:
1138 (a) Date of rental and time of exit from rental facility;
1139 (b) Rental station identification;
1140 (c) Rental agreement number;
1141 (d) Rental vehicle identification number;
1142 (e) Rental vehicle license plate number and state of
1143 registration;
1144 (f) Vehicle’s make, model, and color;
1145 (g) Vehicle’s mileage; and
1146 (h) Authorized renter’s name.
1147 Section 23. Subsection (5) of section 320.0607, Florida
1148 Statutes, is amended to read:
1149 320.0607 Replacement license plates, validation decal, or
1150 mobile home sticker.—
1151 (5) Upon the issuance of an original license plate, the
1152 applicant shall pay a fee of $28 to be deposited in the Highway
1153 Safety Operating Trust Fund. Beginning October 1, 2019, this
1154 subsection does not apply to a vehicle registered under the
1155 International Registration Plan.
1156 Section 24. Subsection (10) is added to section 320.131,
1157 Florida Statutes, to read:
1158 320.131 Temporary tags.—
1159 (10) Beginning October 1, 2019, the department may partner
1160 with a county tax collector to conduct a Fleet Vehicle Temporary
1161 Tag pilot program to provide temporary tags to fleet companies
1162 to allow them to operate fleet vehicles awaiting a permanent
1163 registration and title.
1164 (a) The department shall establish a memorandum of
1165 understanding that allows a maximum of 10 companies to
1166 participate in the pilot program and receive multiple temporary
1167 tags for company fleet vehicles.
1168 (b) To participate in the program, a fleet company must
1169 have a minimum of 3,500 fleet vehicles registered in this state
1170 which qualify to be registered as fleet vehicles pursuant to s.
1171 320.0657.
1172 (c) The department may issue up to 50 temporary tags at a
1173 time to an eligible fleet company, if requested by a
1174 participating company.
1175 (d) Temporary tags are for exclusive use on vehicles
1176 purchased for the company’s fleet and may not be used on any
1177 other vehicle.
1178 (e) Each temporary tag may be used on only one vehicle and
1179 each vehicle may use only one temporary tag.
1180 (f) Upon issuance of the vehicle’s permanent license plate
1181 and registration, the temporary tag becomes invalid and must be
1182 removed from the vehicle and destroyed.
1183 (g) Upon a finding by the department that a temporary tag
1184 has been misused by a fleet company under the pilot program, the
1185 department may terminate the memorandum of understanding with
1186 the company, invalidate all temporary tags issued to the company
1187 under the program, and require the company to return any unused
1188 temporary tags.
1189 (h) This subsection is repealed on October 1, 2024, unless
1190 saved from repeal through reenactment by the Legislature.
1191 Section 25. Subsection (3) is added to section 320.95,
1192 Florida Statutes, to read:
1193 320.95 Transactions by electronic or telephonic means.—
1194 (3) The department may authorize issuance of an electronic
1195 certificate of registration in addition to printing a paper
1196 registration certificate. A motor vehicle operator may present
1197 for inspection an electronic device displaying an electronic
1198 certificate of registration issued pursuant to this subsection
1199 in lieu of a paper registration certificate. Such presentation
1200 does not constitute consent for inspection of any information on
1201 the device other than the displayed certificate of registration.
1202 The person who presents the device for inspection assumes
1203 liability for any resulting damage to the device.
1204 Section 26. Subsection (4) of section 322.01, Florida
1205 Statutes, is amended, present subsections (13) and (14) are
1206 redesignated as subsections (14) and (15), respectively, present
1207 subsections (15) through (17) are redesignated as subsections
1208 (17) through (19), respectively, present subsections (18)
1209 through (33) are redesignated as subsections (27) through (42),
1210 respectively, and present subsections (34) through (46) are
1211 redesignated as subsections (44) through (56), respectively, and
1212 new subsections (13), (16), (20) through (26), and (43) are
1213 added to that section, to read:
1214 322.01 Definitions.—As used in this chapter:
1215 (4) “Authorized emergency vehicle” means a vehicle that is
1216 equipped with extraordinary audible and visual warning devices,
1217 that is authorized by s. 316.2397 to display red, red and white,
1218 or blue lights, and that is on call to respond to emergencies.
1219 The term includes, but is not limited to, ambulances, law
1220 enforcement vehicles, fire trucks, and other rescue vehicles.
1221 The term does not include wreckers, utility trucks, or other
1222 vehicles that are used only incidentally for emergency purposes.
1223 (13) “Credential service provider” means an electronic
1224 credential provider competitively procured by the department to
1225 supply secure credential services based on open standards for
1226 identity management and verification to qualified entities.
1227 (16) “Digital identity verifier” means a public or private
1228 entity that consumes the identity management services provided
1229 by the credential service provider.
1230 (20) “Electronic” means relating to technology having
1231 electrical, digital, magnetic, wireless, optical,
1232 electromagnetic, or similar capabilities.
1233 (21) “Electronic credential” means an electronic
1234 representation of a physical driver license or identification
1235 card which is viewable on an electronic credential system and
1236 capable of being verified and authenticated.
1237 (22) “Electronic credential holder” means a person to whom
1238 an electronic credential has been issued.
1239 (23) “Electronic credential provider” means a qualified
1240 entity that contracts with the department to provide electronic
1241 credentials to electronic credential holders.
1242 (24) “Electronic credential system” means a computer system
1243 used to display or transmit electronic credentials to a person
1244 or a verification system that may be accessed using an
1245 electronic device.
1246 (25) “Electronic device” means a device or a portion of a
1247 device that is designed for and capable of communicating across
1248 a computer network with other computers or devices for the
1249 purpose of transmitting, receiving, or storing data, including,
1250 but not limited to, a cellular telephone, tablet, or other
1251 portable device, and is used to render an electronic credential.
1252 (26) “Electronic ID” means a technology by which a
1253 qualified entity authenticates the identity of an individual
1254 receiving goods or services.
1255 (43) “Qualified entity” means a public or private entity
1256 that enters into a contract with the department, meets usage
1257 criteria, agrees to terms and conditions, and is authorized by
1258 the department to use the credential service provider for
1259 authentication and identification verification services.
1260 Section 27. Section 322.032, Florida Statutes, is amended
1261 to read:
1262 322.032 Electronic credential Digital proof of driver
1263 license.—
1264 (1)(a) The department shall develop and implement begin to
1265 review and prepare for the development of a secure and uniform
1266 protocols that comply with national standards system for issuing
1267 an optional electronic credential. The department shall procure
1268 the related technology system from a credential service provider
1269 through a competitive solicitation process pursuant to s.
1270 287.057. The credential service provider must use a revenue
1271 sharing model, as provided in paragraph (2)(a) digital proof of
1272 driver license. The department may issue electronic credentials
1273 to persons who hold a Florida driver license or identification
1274 card.
1275 (b) Qualified entities must have the technological
1276 capabilities necessary to integrate with the credential service
1277 provider. The department shall maintain the protocols and
1278 national standards necessary for a digital verifier or an
1279 electronic credential provider to request authorized access to
1280 an application programming interface, or an appropriate
1281 technological tool that has at least the same capabilities,
1282 necessary for such qualified entity to consume an electronic ID.
1283 The department shall timely review requests for authorized
1284 access and approve all requests by digital verifiers that meet
1285 the department’s requirements.
1286 (c) The electronic credential provider must have the
1287 necessary technological capabilities to execute the
1288 authentication of an electronic credential across all states,
1289 jurisdictions, federal and state agencies, and municipalities.
1290 The electronic credential and verification system must provide
1291 the standardized system integration necessary:
1292 1. For qualified entities to securely consume an electronic
1293 credential.
1294 2. For the production of a fully compliant electronic
1295 credential by electronic credential providers.
1296 3. To successfully ensure secure authentication and
1297 validation of data from disparate sources.
1298 (d) The department shall competitively procure at least two
1299 electronic credential providers contract with one or more
1300 private entities to develop and implement an initial phase to
1301 provide a secure electronic credential a digital proof of driver
1302 license system. The department shall enter into agreements with
1303 electronic credential providers that provide the permitted uses,
1304 terms and conditions, privacy policy, and uniform remittance
1305 terms relating to the consumption of an electronic credential.
1306 The department must competitively procure the credential service
1307 provider before the initial phase may begin. Upon completion of
1308 the initial phase, the department shall submit a report to the
1309 Governor, the President of the Senate, and the Speaker of the
1310 House of Representatives regarding the continued implementation
1311 and tools necessary to develop future phases.
1312 (2)(a) The department shall provide electronic credential
1313 providers access to a standardized digital transaction process
1314 that remits the proceeds of a completed financial transaction to
1315 the department at the point of sale. The standardized digital
1316 transaction process must enable electronic credential providers
1317 to direct their electronic commerce workflow to a standardized
1318 checkout process and to enable documentation of the electronic
1319 credential providers participating in a transaction. Revenue
1320 generated from use of the electronic credential system must be
1321 deposited into the Motor Vehicle License Clearing Trust Fund for
1322 distribution pursuant to legislative appropriation and
1323 department agreements with electronic credential providers.
1324 Electronic credential revenue must be shared by the state and
1325 electronic credential providers.
1326 (b) Revenue generated from use of the credential service
1327 provider by digital identity verifiers must be shared between
1328 the state and the credential service provider. Revenues must be
1329 deposited into the Motor Vehicle License Clearing Trust Fund for
1330 distribution pursuant to department agreements with digital
1331 identity verifiers. Fees may not be charged to any state court,
1332 state governmental entity, or law enforcement agency.
1333 (3)(a)(2) The electronic credential digital proof of driver
1334 license developed by the department or by an electronic
1335 credential provider an entity contracted by the department must
1336 be in such a format as to allow law enforcement or an authorized
1337 consumer to verify the authenticity of the electronic credential
1338 and the identity of the credential holder and to validate the
1339 status of any driving privileges associated with the electronic
1340 credential digital proof of driver license. The department shall
1341 adhere to protocols and national standards may adopt rules to
1342 ensure valid authentication of electronic credentials digital
1343 driver licenses by law enforcement.
1344 (b) The act of presenting to a law enforcement officer an
1345 electronic device displaying an electronic credential does not
1346 constitute consent for the officer to access any information on
1347 the device other than the electronic credential.
1348 (c) The person who presents the device to the officer
1349 assumes liability for any resulting damage to the device.
1350 (4)(3) A person may not be issued an electronic credential
1351 a digital proof of driver license until he or she has satisfied
1352 all of the requirements of this chapter for issuance of a
1353 physical driver license or identification card as provided in
1354 this chapter.
1355 (5)(4) A person who:
1356 (a) Manufactures a false electronic credential digital
1357 proof of driver license commits a felony of the third degree,
1358 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1359 (b) Possesses a false electronic credential digital proof
1360 of driver license commits a misdemeanor of the second degree,
1361 punishable as provided in s. 775.082.
1362 Section 28. Section 322.059, Florida Statutes, is amended
1363 to read:
1364 322.059 Mandatory surrender of suspended driver license and
1365 registration.—A person whose driver license or registration has
1366 been suspended as provided in s. 322.058 must immediately return
1367 his or her driver license and registration to the Department of
1368 Highway Safety and Motor Vehicles. The department shall
1369 invalidate the electronic credential digital proof of driver
1370 license issued pursuant to s. 322.032 for such person. If such
1371 person fails to return his or her driver license or
1372 registration, a law enforcement agent may seize the license or
1373 registration while the driver license or registration is
1374 suspended.
1375 Section 29. Paragraph (c) of subsection (1) of section
1376 322.143, Florida Statutes, is amended to read:
1377 322.143 Use of a driver license or identification card.—
1378 (1) As used in this section, the term:
1379 (c) “Swipe” means the act of passing a driver license or
1380 identification card through a device that is capable of
1381 deciphering, in an electronically readable format, the
1382 information electronically encoded in a magnetic strip or bar
1383 code on the driver license or identification card or consuming
1384 an electronic credential.
1385 Section 30. Subsection (1) of section 322.15, Florida
1386 Statutes, is amended to read:
1387 322.15 License to be carried and exhibited on demand;
1388 fingerprint to be imprinted upon a citation.—
1389 (1) Every licensee shall have his or her driver license,
1390 which must be fully legible with no portion of such license
1391 faded, altered, mutilated, or defaced, in his or her immediate
1392 possession at all times when operating a motor vehicle and shall
1393 present or submit the same upon the demand of a law enforcement
1394 officer or an authorized representative of the department. A
1395 licensee may present or submit an electronic credential a
1396 digital proof of driver license as provided in s. 322.032 in
1397 lieu of a physical driver license.
1398 Section 31. Section 322.38, Florida Statutes, is amended to
1399 read:
1400 322.38 Renting motor vehicle to another.—
1401 (1) A No person may not shall rent a motor vehicle to
1402 another any other person unless the other latter person is then
1403 duly licensed, or, if a nonresident, he or she shall be licensed
1404 under the laws of the state or country of his or her residence,
1405 except a nonresident whose home state or country does not
1406 require that an operator be licensed.
1407 (2) A No person may not shall rent a motor vehicle to
1408 another person until he or she has inspected the driver license
1409 of the person to whom the vehicle is to be rented, and has
1410 compared and verified that the driver license is unexpired
1411 signature thereon with the signature of such person written in
1412 his or her presence.
1413 (3) Every person renting a motor vehicle to another person
1414 shall keep a record of the registration number of the motor
1415 vehicle so rented, the name, and address, and driver license
1416 number of the person to whom the vehicle is rented, the number
1417 of the license of said latter person, and the date and place
1418 when and where the said license was issued. Such record shall be
1419 open to inspection by any police officer, or officer or employee
1420 of the department.
1421 (4) If a rental car company rents a motor vehicle to a
1422 person through digital, electronic, or other means that allows
1423 the renter to obtain possession of the motor vehicle without
1424 direct contact with an agent or employee of the rental car
1425 company, or if through use of such means the renter does not
1426 execute a rental contract at the time he or she takes possession
1427 of the vehicle, the rental car company is deemed to have met the
1428 requirements of subsections (1) and (2) if, as a condition of
1429 rental, the rental car company requires the renter to verify
1430 that he or she is duly licensed and that the license is
1431 unexpired. Such verification may occur at the time the renter
1432 enrolls in a membership program, master agreement, or other
1433 means of establishing use of the rental car company’s services
1434 or at any time thereafter.
1435 Section 32. Subsection (4) of section 322.61, Florida
1436 Statutes, is amended to read:
1437 322.61 Disqualification from operating a commercial motor
1438 vehicle.—
1439 (4) Any person who is transporting hazardous materials as
1440 defined in s. 322.01(33) s. 322.01(24) shall, upon conviction of
1441 an offense specified in subsection (3), be disqualified from
1442 operating a commercial motor vehicle for a period of 3 years.
1443 The penalty provided in this subsection shall be in addition to
1444 any other applicable penalty.
1445 Section 33. Section 324.031, Florida Statutes, is amended
1446 to read:
1447 324.031 Manner of proving financial responsibility.—The
1448 owner or operator of a taxicab, limousine, jitney, or any other
1449 for-hire passenger transportation vehicle may prove financial
1450 responsibility by providing satisfactory evidence of holding a
1451 motor vehicle liability policy as defined in s. 324.021(8) or s.
1452 324.151, which policy is provided by an insurer authorized to do
1453 business in this state issued by an insurance carrier which is a
1454 member of the Florida Insurance Guaranty Association or an
1455 eligible nonadmitted insurer that has a superior, excellent,
1456 exceptional, or equivalent financial strength rating by a rating
1457 agency acceptable to the Office of Insurance Regulation of the
1458 Financial Services Commission. The operator or owner of any
1459 other vehicle may prove his or her financial responsibility by:
1460 (1) Furnishing satisfactory evidence of holding a motor
1461 vehicle liability policy as defined in ss. 324.021(8) and
1462 324.151;
1463 (2) Furnishing a certificate of self-insurance showing a
1464 deposit of cash in accordance with s. 324.161; or
1465 (3) Furnishing a certificate of self-insurance issued by
1466 the department in accordance with s. 324.171.
1467
1468 Any person, including any firm, partnership, association,
1469 corporation, or other person, other than a natural person,
1470 electing to use the method of proof specified in subsection (2)
1471 shall furnish a certificate of deposit equal to the number of
1472 vehicles owned times $30,000, to a maximum of $120,000; in
1473 addition, any such person, other than a natural person, shall
1474 maintain insurance providing coverage in excess of limits of
1475 $10,000/20,000/10,000 or $30,000 combined single limits, and
1476 such excess insurance shall provide minimum limits of
1477 $125,000/250,000/50,000 or $300,000 combined single limits.
1478 These increased limits do shall not affect the requirements for
1479 proving financial responsibility under s. 324.032(1).
1480 Section 34. Subsection (2) of section 324.032, Florida
1481 Statutes, is amended to read:
1482 324.032 Manner of proving financial responsibility; for
1483 hire passenger transportation vehicles.—Notwithstanding the
1484 provisions of s. 324.031:
1485 (2) An owner or a lessee who is required to maintain
1486 insurance under s. 324.021(9)(b) and who operates at least 150
1487 300 taxicabs, limousines, jitneys, or any other for-hire
1488 passenger transportation vehicles may provide financial
1489 responsibility by complying with the provisions of s. 324.171,
1490 such compliance to be demonstrated by maintaining at its
1491 principal place of business an audited financial statement,
1492 prepared in accordance with generally accepted accounting
1493 principles, and providing to the department a certification
1494 issued by a certified public accountant that the applicant’s net
1495 worth is at least equal to the requirements of s. 324.171 as
1496 determined by the Office of Insurance Regulation of the
1497 Financial Services Commission, including claims liabilities in
1498 an amount certified as adequate by a Fellow of the Casualty
1499 Actuarial Society.
1500
1501 Upon request by the department, the applicant must provide the
1502 department at the applicant’s principal place of business in
1503 this state access to the applicant’s underlying financial
1504 information and financial statements that provide the basis of
1505 the certified public accountant’s certification. The applicant
1506 shall reimburse the requesting department for all reasonable
1507 costs incurred by it in reviewing the supporting information.
1508 The maximum amount of self-insurance permissible under this
1509 subsection is $300,000 and must be stated on a per-occurrence
1510 basis, and the applicant shall maintain adequate excess
1511 insurance issued by an authorized or eligible insurer licensed
1512 or approved by the Office of Insurance Regulation. All risks
1513 self-insured shall remain with the owner or lessee providing it,
1514 and the risks are not transferable to any other person, unless a
1515 policy complying with subsection (1) is obtained.
1516 Section 35. Subsection (5) of section 338.166, Florida
1517 Statutes, is amended to read:
1518 338.166 High-occupancy toll lanes or express lanes.—
1519 (5) Effective July 1, 2018, If the a customer’s average
1520 travel speed for a segment of trip in an express lane falls
1521 below 40 miles per hour, the toll customer must be charged must
1522 be the segment’s the minimum express lane toll. An express lane
1523 segment begins at the customer’s point of entry and ends at the
1524 first available exit, and a new segment is completed each time
1525 the customer reaches a subsequent exit. A customer’s express
1526 lane average travel speed is his or her average travel speed
1527 from the customer’s entry point to the customer’s exit point.
1528 Section 36. Paragraphs (d) and (e) of subsection (1) of
1529 section 338.2216, Florida Statutes, are amended to read:
1530 338.2216 Florida Turnpike Enterprise; powers and
1531 authority.—
1532 (1)
1533 (d) The Florida Turnpike Enterprise shall pursue and
1534 implement new technologies and processes in its operations and
1535 in the collection of tolls and the collection of other amounts
1536 associated with road and infrastructure usage. Such technologies
1537 and processes must include, without limitation, video billing
1538 and variable pricing. The Florida Turnpike Enterprise may
1539 require the use of an electronic transponder interoperable with
1540 the department’s electronic toll collection system for the use
1541 of express lanes on the turnpike system. Variable pricing may
1542 not be implemented in express lanes when the level of service in
1543 the express lane, determined in accordance with the criteria
1544 established by the Transportation Research Board Highway
1545 Capacity Manual (5th Edition, HCM 2010), as amended from time to
1546 time, is equal to level of service A. Variable pricing in
1547 express lanes when the level of service in the express lane is
1548 level of service B may only be implemented by charging the
1549 segment’s general toll lane toll amount plus the segment’s
1550 minimum toll amount an amount set by department rule. An express
1551 lane segment is the distance from the customer’s point of entry
1552 to the first available exit. Additional segments are defined by
1553 the distance between subsequent exits. Except as otherwise
1554 provided in this subsection, pricing in express lanes when the
1555 level of service is other than level of service A or level of
1556 service B may vary in the manner established by the Florida
1557 Turnpike Enterprise to manage congestion in the express lanes.
1558 (e) Effective July 1, 2018, if a customer’s average travel
1559 speed for a trip in an express lane falls below 40 miles per
1560 hour, the customer must be charged the general toll lane toll
1561 amount plus an amount set by department rule. A customer’s
1562 express lane average travel speed is his or her average travel
1563 speed from the customer’s entry point to the customer’s exit
1564 point.
1565 Section 37. Subsection (2) of section 338.222, Florida
1566 Statutes, is amended to read:
1567 338.222 Department of Transportation sole governmental
1568 entity to acquire, construct, or operate turnpike projects;
1569 exception.—
1570 (2) The department may, but is not required to, contract
1571 with any local governmental entity as defined in s. 334.03(13)
1572 for the design, right-of-way acquisition, transfer, purchase,
1573 sale, acquisition, or other conveyance of the ownership,
1574 operation, maintenance, or construction of any turnpike project
1575 which the Legislature has approved. Local governmental entities
1576 may negotiate and contract with the department for the design,
1577 right-of-way acquisition, transfer, purchase, sale, acquisition,
1578 or other conveyance of the ownership, operation, maintenance, or
1579 construction of any section of the turnpike project within areas
1580 of their respective jurisdictions or within counties with which
1581 they have interlocal agreements. Any contract for the transfer,
1582 purchase, sale, acquisition, or other conveyance of the
1583 ownership, operation, or maintenance of a turnpike project or
1584 any part of the turnpike system to a local governmental entity
1585 must be specifically approved by the Legislature.
1586 Section 38. Subsection (1) of section 655.960, Florida
1587 Statutes, is amended to read:
1588 655.960 Definitions; ss. 655.960-655.965.—As used in this
1589 section and ss. 655.961-655.965, unless the context otherwise
1590 requires:
1591 (1) “Access area” means any paved walkway or sidewalk which
1592 is within 50 feet of any automated teller machine. The term does
1593 not include any street or highway open to the use of the public,
1594 as defined in s. 316.003(82)(a) or (b) s. 316.003(81)(a) or (b),
1595 including any adjacent sidewalk, as defined in s. 316.003.
1596 Section 39. Paragraph (a) of subsection (2) of section
1597 812.014, Florida Statutes, is amended to read:
1598 812.014 Theft.—
1599 (2)(a)1. If the property stolen is valued at $100,000 or
1600 more or is a semitrailer that was deployed by a law enforcement
1601 officer; or
1602 2. If the property stolen is cargo valued at $50,000 or
1603 more that has entered the stream of interstate or intrastate
1604 commerce from the shipper’s loading platform to the consignee’s
1605 receiving dock; or
1606 3. If the offender commits any grand theft and:
1607 a. In the course of committing the offense the offender
1608 uses a motor vehicle as an instrumentality, other than merely as
1609 a getaway vehicle, to assist in committing the offense and
1610 thereby damages the real property of another; or
1611 b. In the course of committing the offense the offender
1612 causes damage to the real or personal property of another in
1613 excess of $1,000; or
1614 4. If the property stolen is cargo and, in the course of
1615 committing the offense, the offender uses any type of device to
1616 defeat, block, disable, jam, or interfere with a global
1617 positioning system or similar system designed to identify the
1618 location of the cargo or the vehicle or trailer carrying the
1619 cargo,
1620
1621 the offender commits grand theft in the first degree, punishable
1622 as a felony of the first degree, as provided in s. 775.082, s.
1623 775.083, or s. 775.084.
1624 Section 40. The Department of Highway Safety and Motor
1625 Vehicles, in cooperation with the Florida Tax Collectors
1626 Association, shall review and make recommendations regarding the
1627 registration renewal period for heavy trucks weighing more than
1628 5,000 pounds but less than 8,000 pounds. The department shall
1629 submit a report documenting the findings and recommendations of
1630 the review to the Governor, the President of the Senate, and the
1631 Speaker of the House of Representatives by December 31, 2019.
1632 The report must include:
1633 (1) Options for allowing owners of applicable heavy trucks
1634 to renew their registrations on their birth dates, instead of on
1635 December 31 of each year.
1636 (2) A plan for implementation of the revised renewal
1637 period, including the proration of registration renewal fees.
1638 (3) The estimated fiscal impact to state and local
1639 government associated with changes in the renewal period for
1640 applicable heavy trucks.
1641 (4) A plan to educate the motoring public about changes in
1642 the renewal period for applicable heavy trucks.
1643 Section 41. Florida Transportation Commission review;
1644 electric and hybrid vehicles report.—
1645 (1)(a) By September 1, 2020, the Florida Transportation
1646 Commission shall review all sources of revenue for
1647 transportation infrastructure and maintenance projects and
1648 submit a report to the Governor, the President of the Senate,
1649 and the Speaker of the House of Representatives regarding the
1650 impact of electric vehicles, as defined in s. 320.01(36),
1651 Florida Statutes, and hybrid vehicles, as defined in s.
1652 316.0741, Florida Statutes, on such revenue sources.
1653 (b) The commission, in consultation with the Department of
1654 Highway Safety and Motor Vehicles, may use commercially
1655 available data that the commission deems reliable to support its
1656 determination and report. The report must, at a minimum, assess
1657 the effect of projected electric and hybrid vehicle use in this
1658 state on future revenue from existing taxes, fees, and
1659 surcharges related to nonelectric, private-use motorcycles,
1660 mopeds, automobiles, tri-vehicles, and trucks.
1661 (c) The commission, in consultation with the Division of
1662 Emergency Management, shall also make an assessment of
1663 transportation infrastructure with respect to emergency
1664 evacuations and electric vehicles, including, but not limited
1665 to, the availability of electric vehicle charging stations in
1666 this state.
1667 (2) The report must include recommendations to the
1668 Legislature for:
1669 (a) Ensuring continued funding for necessary maintenance
1670 that provides for adequate levels of service on existing
1671 transportation infrastructure;
1672 (b) Accomplishing improvements and capacity projects on
1673 transportation infrastructure which meet the demands of
1674 projected population and economic growth; and
1675 (c) Accomplishing necessary improvements to transportation
1676 infrastructure that would support emergency evacuations by users
1677 of electric vehicles.
1678 Section 42. Except as otherwise expressly provided in this
1679 act and except for this section, which shall take effect upon
1680 this act becoming a law, this act shall take effect October 1,
1681 2019.