Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. PCS (300690) for SB 1126
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete line 402
    4  and insert:
    5         Section 12. Present subsections (24) through (105) of
    6  section 316.003, Florida Statutes, are redesignated as
    7  subsections (25) through (106), respectively, a new subsection
    8  (24) is added to that section, and subsection (2) and present
    9  subsections (56) and (62) of that section are amended, to read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (2) AUTOCYCLE.—A three-wheeled motorcycle that has two
   15  wheels in the front and one wheel in the back; is equipped with
   16  a roll cage or roll hoops, a seat belt for each occupant,
   17  antilock brakes that meet the requirements of Federal Motor
   18  Vehicle Safety Standard No. 122, a steering mechanism wheel, and
   19  seating that does not require the operator to straddle or sit
   20  astride it; and is manufactured in accordance with the
   21  applicable federal motorcycle safety standards in 49 C.F.R. part
   22  571 by a manufacturer registered with the National Highway
   23  Traffic Safety Administration.
   25  of aircraft that uses electric power to hover, take off, and
   26  land vertically.
   27         (57)(56) PERSONAL DELIVERY DEVICE.—An electrically powered
   28  device that:
   29         (a) Is operated on sidewalks and crosswalks and intended
   30  primarily for transporting property;
   31         (b) Has a weight that does not exceed the maximum weight
   32  established by Department of Transportation rule Weighs less
   33  than 80 pounds, excluding cargo;
   34         (c) Has a maximum speed of 10 miles per hour or, if the
   35  Department of Transportation establishes by rule a maximum
   36  speed, has a speed that does not exceed that maximum; and
   37         (d) Is equipped with technology to allow for operation of
   38  the device with or without the active control or monitoring of a
   39  natural person.
   41  A personal delivery device is not considered a vehicle unless
   42  expressly defined by law as a vehicle. A mobile carrier is not
   43  considered a personal delivery device. The Department of
   44  Transportation may adopt rules to implement this subsection.
   45         (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   46  provided in paragraph (85)(b) (84)(b), any privately owned way
   47  or place used for vehicular travel by the owner and those having
   48  express or implied permission from the owner, but not by other
   49  persons.
   50         Section 13. Paragraph (c) of subsection (4) of section
   51  334.046, Florida Statutes, is amended to read:
   52         334.046 Department mission, goals, and objectives.—
   53         (4) At a minimum, the department’s goals shall address the
   54  following prevailing principles.
   55         (c) Mobility.—Ensuring a cost-effective, statewide,
   56  interconnected transportation system. Improvement of travel
   57  choices to ensure mobility includes planning and establishment
   58  of infrastructure for innovative technologies, including
   59  electric vehicle charging infrastructure.
   60         Section 14. Effective upon SB 140 or other similar
   61  legislation being enacted in the 2021 Regular Session or an
   62  extension thereof and becoming a law, section 339.0802, Florida
   63  Statutes, is created to read:
   64         339.0802 Allocation of increased license tax revenues from
   65  licensure of electric and hybrid vehicles.—Funds that result
   66  from increased revenues to the State Transportation Trust Fund
   67  derived under s. 320.08001(2) and (3) must be used as set forth
   68  in this section, notwithstanding any other provision of law.
   69  Beginning in the 2023-2024 fiscal year, all increased revenues
   70  must be used to fund the Electric Vehicle Infrastructure Grant
   71  Program created by s. 339.286. This section expires on December
   72  31, 2030.
   73         Section 15. Section 339.286, Florida Statutes, is created
   74  to read:
   75         339.286 Electric Vehicle Infrastructure Grant Program.—
   76         (1) The department shall establish the Electric Vehicle
   77  Infrastructure Grant Program. The purpose of the program is to
   78  provide financial assistance to encourage the installation of
   79  electric vehicle charging infrastructure.
   80         (2) State agencies, public universities, public transit
   81  agencies, ports, airports, and local governments, including
   82  local housing authorities and libraries, may apply to the
   83  department for grants for the purpose of installing publicly
   84  available electric vehicle charging infrastructure on public or
   85  private property.
   86         (3) A grant may be awarded for:
   87         (a) Technical assistance for the development and adoption
   88  of:
   89         1. A local or regional plan that establishes an electric
   90  vehicle charging infrastructure;
   91         2.Any action plans necessary to address any infrastructure
   92  gaps; and
   93         3. Steps necessary to complete the infrastructure plan.
   95  A plan must address actions to deploy the necessary
   96  infrastructure in high-density housing areas and low-income to
   97  moderate-income areas.
   98         (b) Assistance with the purchase of related equipment and
   99  the costs of installation of that equipment to provide electric
  100  vehicle charging. Such equipment must be capable of collecting
  101  and reporting data, use standard connectors, and be available to
  102  the public.
  103         (4)(a)An applicant may apply for a grant for both
  104  technical assistance and equipment purchase and installation. A
  105  grant for technical assistance requires a minimum match of funds
  106  from the applicant of 30 percent of the grant award, but such
  107  match is not required for an applicant that is located in a
  108  fiscally constrained county as described in s. 218.67(1). A
  109  grant for equipment purchase and installation requires a minimum
  110  match of funds from the applicant in the amount of 60 percent of
  111  the total project cost for alternating-current, Level 2 charging
  112  infrastructure; 20 percent of the total project cost for direct
  113  current, fast-charging infrastructure; or 20 percent of the
  114  total project cost for high-powered charging infrastructure for
  115  electric aircraft, including, but not limited to, electric
  116  vertical takeoff and landing aircraft, and semi-trucks. The
  117  matching funds must be from nonstate resources, but may include
  118  private funds provided through a partnership with a private
  119  entity or in-kind contributions such as the donation of
  120  equipment, services, or land or use of land for establishment of
  121  the electric vehicle charging infrastructure. Grant funds may
  122  not subsidize the cost for the use of electricity. Twenty
  123  percent of the funds available under the grant program must be
  124  reserved for applicants or projects in fiscally constrained
  125  counties as described in s. 218.67(1). An applicant may partner
  126  with a private sector entity to install charging infrastructure
  127  on private property in the same county or local jurisdiction as
  128  the applicant.
  129         (b) The department shall develop and publish criteria for
  130  prioritizing the grant applications and shall maintain a
  131  prioritized list of approved grant applications. The prioritized
  132  list must include recommended funding levels for each
  133  application and, if staged implementation is appropriate, must
  134  provide funding requirements for each stage. Grants must be
  135  prioritized based on the extent to which the activities of the
  136  grant will encourage growth in the use of electric vehicles and
  137  increase the availability of charging locations along evacuation
  138  routes. A grant for equipment purchase and installation that
  139  will immediately and most effectively serve those who currently
  140  own or operate electric vehicles may receive priority.
  141         (5)The department shall continually review emerging
  142  research, policies, and standards related to electric vehicle
  143  infrastructure and innovations in the use of electric vehicles.
  144  Using such information, the department shall publish best
  145  practices for the establishment of electric vehicle charging
  146  infrastructure, model infrastructure plan development and
  147  components, and other significant information for the
  148  implementation and use of electric vehicle charging
  149  infrastructure. The department may develop a model plan that
  150  state agencies, public universities, public transit agencies,
  151  ports, airports, and local governments may use as a guide to
  152  establish an electric vehicle charging infrastructure plan.
  153         (6) The department shall adopt rules to administer this
  154  section.
  155         Section 16. Subsection (2) of section 339.287, Florida
  156  Statutes, is amended to read:
  157         339.287 Electric vehicle charging stations; infrastructure
  158  plan development.—
  159         (2)(a) The department shall coordinate, develop, and
  160  recommend a master plan and a supplemental master plan for
  161  current and future plans for the development of electric vehicle
  162  charging station infrastructure along the State Highway System,
  163  as defined in s. 334.03(24). The plans must include
  164  recommendations for legislation and may include other
  165  recommendations as determined by the department.
  166         1. The department shall develop the recommended master plan
  167  and submit the recommended master plan it to the Governor, the
  168  President of the Senate, and the Speaker of the House of
  169  Representatives by July 1, 2021. The plan must include
  170  recommendations for legislation and may include other
  171  recommendations as determined by the department.
  172         2.The department shall submit the recommended supplemental
  173  master plan to the Governor, the President of the Senate, and
  174  the Speaker of the House of Representatives by July 1, 2023. The
  175  supplemental master plan must address innovations in electric
  176  vehicle charging station infrastructure occurring since the
  177  submission of the recommended master plan and the development of
  178  high-powered charging infrastructure for electric aircraft. The
  179  supplemental master plan also must make recommendations related
  180  to charging station infrastructure along the State Highway
  181  System and at airports, seaports, and other ports in light of
  182  these innovations.
  183         (b) The department, in consultation with the Public Service
  184  Commission and the Office of Energy within the Department of
  185  Agriculture and Consumer Services, and any other public or
  186  private entities as necessary or appropriate, shall be primarily
  187  responsible for the following goals and objectives in developing
  188  the plans plan:
  189         1. Identifying the types or characteristics of possible
  190  locations for electric vehicle charging station infrastructure
  191  along the State Highway System to support a supply of electric
  192  vehicle charging stations that will:
  193         a. Accomplish the goals and objectives of this section;
  194         b. Support both short-range and long-range electric vehicle
  195  travel;
  196         c. Encourage the expansion of electric vehicle use in this
  197  state; and
  198         d. Adequately serve evacuation routes in this state.
  199         2. Identifying any barriers to the use of electric vehicles
  200  and electric vehicle charging station infrastructure both for
  201  short-range and long-range electric vehicle travel along the
  202  State Highway System.
  203         3. Identifying an implementation strategy for expanding
  204  electric vehicle and charging station infrastructure use in this
  205  state.
  206         4. Quantifying the loss of revenue to the State
  207  Transportation Trust Fund due to the current and projected
  208  future use of electric vehicles in this state and summarizing
  209  efforts of other states to address such revenue loss.
  210         (c) The Public Service Commission, in consultation with the
  211  department and the Office of Energy within the Department of
  212  Agriculture and Consumer Services, and any other public or
  213  private entities as necessary or appropriate, shall be primarily
  214  responsible for the following goals and objectives in developing
  215  the plans plan:
  216         1. Projecting the increase in the use of electric vehicles
  217  in this state over the next 20 years and determining how to
  218  ensure an adequate supply of reliable electric vehicle charging
  219  stations to support and encourage this growth in a manner
  220  supporting a competitive market with ample consumer choice.
  221         2. Evaluating and comparing the types of electric vehicle
  222  charging stations available at present and which may become
  223  available in the future, including the technology and
  224  infrastructure incorporated in such stations, along with the
  225  circumstances within which each type of station and
  226  infrastructure is typically used, including fleet charging, for
  227  the purpose of identifying any advantages to developing
  228  particular types or uses of these stations.
  229         3. Considering strategies to develop this supply of
  230  charging stations, including, but not limited to, methods of
  231  building partnerships with local governments, other state and
  232  federal entities, electric utilities, the business community,
  233  and the public in support of electric vehicle charging stations.
  234         4. Identifying the type of regulatory structure necessary
  235  for the delivery of electricity to electric vehicles and
  236  charging station infrastructure, including competitive neutral
  237  policies and the participation of public utilities in the
  238  marketplace.
  239         (d) The Public Service Commission, in consultation with the
  240  Office of Energy within the Department of Agriculture and
  241  Consumer Services, shall review emerging technologies in the
  242  electric and alternative vehicle market, including alternative
  243  fuel sources.
  244         (e) The department, the Public Service Commission, and the
  245  Office of Energy within the Department of Agriculture and
  246  Consumer Services may agree to explore other issues deemed
  247  necessary or appropriate for purposes of the plans report
  248  required by in paragraph (a).
  249         (f) By December 1, 2021 December 1, 2020, the department
  250  shall file a second status report with the Governor, the
  251  President of the Senate, and the Speaker of the House of
  252  Representatives containing any preliminary recommendations,
  253  including recommendations for legislation.
  254         Section 17. Section 366.94, Florida Statutes, is amended to
  255  read:
  256         366.94 Electric vehicle charging stations.—
  257         (1) The provision of electric vehicle charging to the
  258  public by a nonutility is not the retail sale of electricity for
  259  the purposes of this chapter. The rates, terms, and conditions
  260  of electric vehicle charging services by a nonutility are not
  261  subject to regulation under this chapter. This section does not
  262  affect the ability of individuals, businesses, or governmental
  263  entities to acquire, install, or use an electric vehicle charger
  264  for their own vehicles.
  265         (2) The Department of Agriculture and Consumer Services
  266  shall adopt rules to provide definitions, methods of sale,
  267  labeling requirements, and price-posting requirements for
  268  electric vehicle charging stations to allow for consistency for
  269  consumers and the industry. Rules implemented under this
  270  subsection may not require specific methods of sale for electric
  271  vehicle charging equipment used in, and electrical vehicle
  272  charging services provided in, this state.
  273         (3)(a) It is unlawful for a person to stop, stand, or park
  274  a vehicle that is not capable of using an electrical recharging
  275  station within any parking space specifically designated for
  276  charging an electric vehicle.
  277         (b) If a law enforcement officer or parking enforcement
  278  specialist finds a motor vehicle in violation of this
  279  subsection, the officer or specialist shall charge the operator
  280  or other person in charge of the vehicle in violation with a
  281  noncriminal traffic infraction, punishable as provided in s.
  282  316.008(4) or s. 318.18.
  283         Section 18. Paragraph (a) of subsection (3) of section
  284  316.306, Florida Statutes, is amended to read:
  285         316.306 School and work zones; prohibition on the use of a
  286  wireless communications device in a handheld manner.—
  287         (3)(a)1. A person may not operate a motor vehicle while
  288  using a wireless communications device in a handheld manner in a
  289  designated school crossing, school zone, or work zone area as
  290  defined in s. 316.003 s. 316.003(105). This subparagraph shall
  291  only be applicable to work zone areas if construction personnel
  292  are present or are operating equipment on the road or
  293  immediately adjacent to the work zone area. For the purposes of
  294  this paragraph, a motor vehicle that is stationary is not being
  295  operated and is not subject to the prohibition in this
  296  paragraph.
  297         2.a. During the period from October 1, 2019, through
  298  December 31, 2019, a law enforcement officer may stop motor
  299  vehicles to issue verbal or written warnings to persons who are
  300  in violation of subparagraph 1. for the purposes of informing
  301  and educating such persons of this section. This sub
  302  subparagraph shall stand repealed on October 1, 2020.
  303         b. Effective January 1, 2020, a law enforcement officer may
  304  stop motor vehicles and issue citations to persons who are
  305  driving while using a wireless communications device in a
  306  handheld manner in violation of subparagraph 1.
  307         Section 19. Subsection (1) of section 655.960, Florida
  308  Statutes, is amended to read:
  309         655.960 Definitions; ss. 655.960-655.965.—As used in this
  310  section and ss. 655.961-655.965, unless the context otherwise
  311  requires:
  312         (1) “Access area” means any paved walkway or sidewalk which
  313  is within 50 feet of any automated teller machine. The term does
  314  not include any street or highway open to the use of the public,
  315  as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
  316  including any adjacent sidewalk, as defined in s. 316.003.
  317         Section 20. Except as otherwise expressly provided in this
  318  act, this act shall take effect July 1, 2021.
  320  ================= T I T L E  A M E N D M E N T ================
  321  And the title is amended as follows:
  322         Delete line 54
  323  and insert:
  324         programs; amending s. 316.003, F.S.; defining the term
  325         “electric vertical takeoff and landing aircraft”;
  326         revising definitions; authorizing the Department of
  327         Transportation to adopt rules; amending s. 334.046,
  328         F.S.; revising the principles relating to mobility
  329         which the department’s goals are required to address;
  330         creating s. 339.0802, F.S.; requiring that certain
  331         funds be used for specified purposes relating to the
  332         Electric Vehicle Infrastructure Grant Program
  333         beginning in a specified year; providing for future
  334         expiration; creating s. 339.286, F.S.; requiring the
  335         department to establish the Electric Vehicle
  336         Infrastructure Grant Program; providing the purpose of
  337         the program; providing for the distribution of grants
  338         to certain entities to install electric vehicle
  339         charging infrastructure; providing grant requirements;
  340         providing requirements for equipment installed using
  341         grant funds; requiring the department to develop and
  342         publish criteria for the prioritization of grant
  343         applications and to maintain a prioritized list of
  344         approved applications; requiring the department to
  345         continually review emerging research, policies, and
  346         standards; requiring the department to publish certain
  347         information; authorizing the department to develop a
  348         model plan for specified entities; requiring the
  349         department to adopt rules; amending s. 339.287, F.S.;
  350         requiring the department to coordinate, develop, and
  351         recommend a supplemental master plan to address
  352         innovations in electric vehicle charging station
  353         infrastructure and the development of high-powered
  354         charging infrastructure for electric aircraft;
  355         requiring the department to submit the plan to the
  356         Governor and the Legislature by a specified date;
  357         conforming provisions to changes made by the act;
  358         requiring the department to file a second status
  359         report with the Governor and the Legislature by a
  360         specified date; amending s. 366.94, F.S.; prohibiting
  361         certain rules adopted by the Department of Agriculture
  362         and Consumer Services from requiring specific methods
  363         of sale for electric vehicle charging equipment used
  364         and services provided in this state; amending ss.
  365         316.306 and 655.960, F.S.; conforming cross
  366         references; providing effective dates.