Bill Amendment: FL S1458 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Highway Safety and Motor Vehicles
Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1458 Detail]
Download: Florida-2013-S1458-Senate_Floor_Amendment_379384.html
Bill Title: Department of Highway Safety and Motor Vehicles
Status: 2013-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 7125 (Ch. 2013-160) [S1458 Detail]
Download: Florida-2013-S1458-Senate_Floor_Amendment_379384.html
Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for SB 1458
Barcode 379384
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/26/2013 08:36 AM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 446 - 732
4 and insert:
5 Section 5. Subsection (1) of section 316.0083, Florida
6 Statutes, is amended to read
7 316.0083 Mark Wandall Traffic Safety Program;
8 administration; report.—
9 (1)(a) For purposes of administering this section, the
10 department, a county, or a municipality may authorize a traffic
11 infraction enforcement officer under s. 316.640 to issue a
12 traffic citation for a violation of s. 316.074(1) or s.
13 316.075(1)(c)1. A notice of violation and a traffic citation may
14 not be issued for failure to stop at a red light if the driver
15 is making a right-hand turn in a careful and prudent manner at
16 an intersection where right-hand turns are permissible. This
17 paragraph does not prohibit a review of information from a
18 traffic infraction detector by an authorized employee or agent
19 of the department, a county, or a municipality before issuance
20 of the traffic citation by the traffic infraction enforcement
21 officer. This paragraph does not prohibit the department, a
22 county, or a municipality from issuing notification as provided
23 in paragraph (b) to the registered owner of the motor vehicle
24 involved in the violation of s. 316.074(1) or s. 316.075(1)(c)1.
25 (b)1.a. Within 30 days after a violation, notification must
26 be sent to the registered owner of the motor vehicle involved in
27 the violation specifying the remedies available under s. 318.14
28 and that the violator must pay the penalty of $158 to the
29 department, county, or municipality, or furnish an affidavit in
30 accordance with paragraph (d), or request a hearing to be held
31 in the county court for the county in which the violation
32 occurred, within 90 30 days following the date of delivery or
33 attempted delivery of the notification in order to avoid court
34 fees, costs, and the issuance of a traffic citation. The
35 notification shall be sent by first-class mail.
36 b. Included with the notification to the registered owner
37 of the motor vehicle involved in the infraction must be a notice
38 that the owner has the right to review the photographic or
39 electronic images or the streaming video evidence that
40 constitutes a rebuttable presumption against the owner of the
41 vehicle. The notice must state the time and place or Internet
42 location where the evidence may be examined and observed.
43 c. Notwithstanding any other provision of law, a person who
44 receives a notice of violation under this section shall have the
45 option of requesting a hearing within 90 days following the date
46 of delivery or attempted delivery of the notice of violation or
47 paying the penalty pursuant to the notice of violation, but no
48 payment or fee may be required before a hearing requested by the
49 person. The notice of violation must be accompanied by
50 information on the person’s right to request a hearing and on
51 all court costs related thereto, and by a form to request a
52 hearing. For purposes of this subparagraph, the term “person”
53 includes a natural person, registered owner or coowner of a
54 motor vehicle, or person identified on an affidavit as having
55 care, custody, or control of the motor vehicle at the time of
56 the violation.
57 d. If the person requests a hearing, the request must be
58 made to the county or municipality in which the violation
59 occurred. The municipality in which the violation occurred, or,
60 if the violation occurred in an unincorporated area, the county
61 in which the violation occurred, shall forward the request for
62 hearing and a copy of the citation to the clerk of the circuit
63 court of the county where the violation occurred.
64 e. If the registered owner or coowner of the motor vehicle,
65 or the person designated as having care, custody, or control of
66 the motor vehicle at the time of the violation, or a duly
67 authorized representative of the owner, coowner, or designated
68 person, initiates a proceeding to challenge the delivery or
69 attempted delivery of the notice of violation pursuant to this
70 paragraph, such person waives any challenge or dispute as to
71 delivery.
72 2. Penalties assessed and collected by the department,
73 county, or municipality authorized to collect the funds provided
74 for in this paragraph, less the amount retained by the county or
75 municipality pursuant to subparagraph 3., shall be paid to the
76 Department of Revenue weekly. Payment by the department, county,
77 or municipality to the state shall be made by means of
78 electronic funds transfers. In addition to the payment, summary
79 detail of the penalties remitted shall be reported to the
80 Department of Revenue.
81 3. Penalties to be assessed and collected by the
82 department, county, or municipality are as follows:
83 a. One hundred fifty-eight dollars for a violation of s.
84 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
85 stop at a traffic signal if enforcement is by the department’s
86 traffic infraction enforcement officer. One hundred dollars
87 shall be remitted to the Department of Revenue for deposit into
88 the General Revenue Fund, $10 shall be remitted to the
89 Department of Revenue for deposit into the Department of Health
90 Emergency Medical Services Trust Fund, $3 shall be remitted to
91 the Department of Revenue for deposit into the Brain and Spinal
92 Cord Injury Trust Fund, and $45 shall be distributed to the
93 municipality in which the violation occurred, or, if the
94 violation occurred in an unincorporated area, to the county in
95 which the violation occurred. Funds deposited into the
96 Department of Health Emergency Medical Services Trust Fund under
97 this sub-subparagraph shall be distributed as provided in s.
98 395.4036(1). Proceeds of the infractions in the Brain and Spinal
99 Cord Injury Trust Fund shall be distributed quarterly to the
100 Miami Project to Cure Paralysis and shall be used for brain and
101 spinal cord research.
102 b. One hundred fifty-eight dollars for a violation of s.
103 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
104 stop at a traffic signal if enforcement is by a county or
105 municipal traffic infraction enforcement officer. Seventy
106 dollars shall be remitted by the county or municipality to the
107 Department of Revenue for deposit into the General Revenue Fund,
108 $10 shall be remitted to the Department of Revenue for deposit
109 into the Department of Health Emergency Medical Services Trust
110 Fund, $3 shall be remitted to the Department of Revenue for
111 deposit into the Brain and Spinal Cord Injury Trust Fund, and
112 $75 shall be retained by the county or municipality enforcing
113 the ordinance enacted pursuant to this section. Funds deposited
114 into the Department of Health Emergency Medical Services Trust
115 Fund under this sub-subparagraph shall be distributed as
116 provided in s. 395.4036(1). Proceeds of the infractions in the
117 Brain and Spinal Cord Injury Trust Fund shall be distributed
118 quarterly to the Miami Project to Cure Paralysis and shall be
119 used for brain and spinal cord research.
120 4. An individual may not receive a commission from any
121 revenue collected from violations detected through the use of a
122 traffic infraction detector. A manufacturer or vendor may not
123 receive a fee or remuneration based upon the number of
124 violations detected through the use of a traffic infraction
125 detector.
126 (c)1.a. A traffic citation issued under this section shall
127 be issued by mailing the traffic citation by certified mail to
128 the address of the registered owner of the motor vehicle
129 involved in the violation when payment has not been made within
130 90 30 days after the date of delivery or attempted delivery of
131 the notification under paragraph (b), the registered owner has
132 not requested a hearing as permitted by paragraph (b), and the
133 registered owner has not submitted an affidavit under this
134 section subparagraph (b)1.
135 b. Delivery or attempted delivery of the traffic citation
136 constitutes notification under this paragraph. If the registered
137 owner or coowner of the motor vehicle, or the person designated
138 as having care, custody, or control of the motor vehicle at the
139 time of the violation, or a duly authorized representative of
140 the owner, coowner, or designated person, initiates a proceeding
141 to challenge the delivery or attempted delivery of the citation
142 pursuant to this section, such person waives any challenge or
143 dispute as to delivery.
144 c. In the case of joint ownership of a motor vehicle, the
145 traffic citation shall be mailed to the first name appearing on
146 the registration, unless the first name appearing on the
147 registration is a business organization, in which case the
148 second name appearing on the registration may be used.
149 d. The traffic citation shall be mailed to the registered
150 owner of the motor vehicle involved in the violation no later
151 than 60 days after the date of the violation.
152 2. Included with the notification to the registered owner
153 of the motor vehicle involved in the infraction shall be a
154 notice that the owner has the right to review, either in person
155 or remotely, the photographic or electronic images or the
156 streaming video evidence that constitutes a rebuttable
157 presumption against the owner of the vehicle. The notice must
158 state the time and place or Internet location where the evidence
159 may be examined and observed.
160 (d)1. The owner of the motor vehicle involved in the
161 violation is responsible and liable for paying the uniform
162 traffic citation issued for a violation of s. 316.074(1) or s.
163 316.075(1)(c)1. when the driver failed to stop at a traffic
164 signal, unless the owner can establish that:
165 a. The motor vehicle passed through the intersection in
166 order to yield right-of-way to an emergency vehicle or as part
167 of a funeral procession;
168 b. The motor vehicle passed through the intersection at the
169 direction of a law enforcement officer;
170 c. The motor vehicle was, at the time of the violation, in
171 the care, custody, or control of another person;
172 d. A uniform traffic citation was issued by a law
173 enforcement officer to the driver of the motor vehicle for the
174 alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
175 e. The motor vehicle’s owner was deceased on or before the
176 date that the uniform traffic citation was issued, as
177 established by an affidavit submitted by the representative of
178 the motor vehicle owner’s estate or other designated person or
179 family member.
180 2. In order to establish such facts, the owner of the motor
181 vehicle shall, within 30 days after the date of issuance of the
182 traffic citation, furnish to the appropriate governmental entity
183 an affidavit setting forth detailed information supporting an
184 exemption as provided in this paragraph.
185 a. An affidavit supporting an exemption under sub
186 subparagraph 1.c. must include the name, address, date of birth,
187 and, if known, the driver license number of the person who
188 leased, rented, or otherwise had care, custody, or control of
189 the motor vehicle at the time of the alleged violation. If the
190 vehicle was stolen at the time of the alleged offense, the
191 affidavit must include the police report indicating that the
192 vehicle was stolen.
193 b. If a traffic citation for a violation of s. 316.074(1)
194 or s. 316.075(1)(c)1. was issued at the location of the
195 violation by a law enforcement officer, the affidavit must
196 include the serial number of the uniform traffic citation.
197 c. If the motor vehicle’s owner to whom a traffic citation
198 has been issued is deceased, the affidavit must include a
199 certified copy of the owner’s death certificate showing that the
200 date of death occurred on or before the issuance of the uniform
201 traffic citation and one of the following:
202 (I) A bill of sale or other document showing that the
203 deceased owner’s motor vehicle was sold or transferred after his
204 or her death, but on or before the date of the alleged
205 violation.
206 (II) Documentary proof that the registered license plate
207 belonging to the deceased owner’s vehicle was returned to the
208 department or any branch office or authorized agent of the
209 department, but on or before the date of the alleged violation.
210 (III) A copy of a police report showing that the deceased
211 owner’s registered license plate or motor vehicle was stolen
212 after the owner’s death, but on or before the date of the
213 alleged violation.
214
215 Upon receipt of the affidavit and documentation required under
216 this sub-subparagraph, the governmental entity must dismiss the
217 citation and provide proof of such dismissal to the person that
218 submitted the affidavit.
219 3. Upon receipt of an affidavit, the person designated as
220 having care, custody, or and control of the motor vehicle at the
221 time of the violation may be issued a notice of violation
222 pursuant to paragraph (b) traffic citation for a violation of s.
223 316.074(1) or s. 316.075(1)(c)1. when the driver failed to stop
224 at a traffic signal. The affidavit is admissible in a proceeding
225 pursuant to this section for the purpose of providing proof that
226 the person identified in the affidavit was in actual care,
227 custody, or control of the motor vehicle. The owner of a leased
228 vehicle for which a traffic citation is issued for a violation
229 of s. 316.074(1) or s. 316.075(1)(c)1. when the driver failed to
230 stop at a traffic signal is not responsible for paying the
231 traffic citation and is not required to submit an affidavit as
232 specified in this subsection if the motor vehicle involved in
233 the violation is registered in the name of the lessee of such
234 motor vehicle.
235 4. Paragraphs (b) and (c) apply to the person identified on
236 the affidavit, except that the notification under sub
237 subparagraph (b)1.a. must be sent to the person identified on
238 the affidavit within 30 days after receipt of an affidavit.
239 _5.4. The submission of a false affidavit is a misdemeanor
240 of the second degree, punishable as provided in s. 775.082 or s.
241 775.083.
242 (e) The photographic or electronic images or streaming
243 video attached to or referenced in the traffic citation is
244 evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
245 when the driver failed to stop at a traffic signal has occurred
246 and is admissible in any proceeding to enforce this section and
247 raises a rebuttable presumption that the motor vehicle named in
248 the report or shown in the photographic or electronic images or
249 streaming video evidence was used in violation of s. 316.074(1)
250 or s. 316.075(1)(c)1. when the driver failed to stop at a
251 traffic signal.
252 Section 6. Paragraph (b) of subsection (2) of section
253 316.066, Florida Statutes, is amended to read:
254 316.066 Written reports of crashes.—
255 (2)
256 (b) Crash reports held by an agency under paragraph (a) may
257 be made immediately available to the parties involved in the
258 crash, their legal representatives, their licensed insurance
259 agents, their insurers or insurers to which they have applied
260 for coverage, persons under contract with such insurers to
261 provide claims or underwriting information, prosecutorial
262 authorities, law enforcement agencies, the Department of
263 Transportation, county traffic operations, victim services
264 programs, radio and television stations licensed by the Federal
265 Communications Commission, newspapers qualified to publish legal
266 notices under ss. 50.011 and 50.031, and free newspapers of
267 general circulation, published once a week or more often,
268 available and of interest to the public generally for the
269 dissemination of news. For the purposes of this section, the
270 following products or publications are not newspapers as
271 referred to in this section: those intended primarily for
272 members of a particular profession or occupational group; those
273 with the primary purpose of distributing advertising; and those
274 with the primary purpose of publishing names and other personal
275 identifying information concerning parties to motor vehicle
276 crashes.
277 Section 7. Subsections (3) and (4) of section 316.081,
278 Florida Statutes, are renumbered as subsections (4) and (5),
279 respectively, and a new subsection (3) is added to that section
280 to read:
281 316.081 Driving on right side of roadway; exceptions.—
282 (3) On a road, street, or highway having two or more lanes
283 that allow movement in the same direction, a driver may not
284 continue to operate a motor vehicle at less than the posted
285 speed limit in the furthermost left-hand lane if the driver
286 knows or reasonably should know that he or she is being
287 overtaken in that lane from the rear by a motor vehicle
288 traveling at a higher rate of speed, except when overtaking and
289 passing another vehicle proceeding in the same direction or when
290 preparing for a left turn at an intersection or into a private
291 road or driveway or traveling at a speed not less than 15 miles
292 per hour under the posted speed limit.
293 (4)(3) Upon any roadway having four or more lanes for
294 moving traffic and providing for two-way movement of traffic, no
295 vehicle shall be driven to the left of the centerline of the
296 roadway, except when authorized by official traffic control
297 devices designating certain lanes to the left side of the center
298 of the roadway for use by traffic not otherwise permitted to use
299 such lanes, or except as permitted under paragraph (1)(b).
300 However, this subsection shall not be construed as prohibiting
301 the crossing of the centerline in making a left turn into or
302 from an alley, private road, or driveway.
303 (5)(4) A violation of this section is a noncriminal traffic
304 infraction, punishable as a moving violation as provided in
305 chapter 318.
306 Section 8. Subsection (1) of section 316.1937, Florida
307 Statutes, is amended to read:
308 316.1937 Ignition interlock devices, requiring; unlawful
309 acts.—
310 (1) In addition to any other authorized penalties, the
311 court may require that any person who is convicted of driving
312 under the influence in violation of s. 316.193 shall not operate
313 a motor vehicle unless that vehicle is equipped with a
314 functioning ignition interlock device certified by the
315 department as provided in s. 316.1938, and installed in such a
316 manner that the vehicle will not start if the operator’s blood
317 alcohol level is in excess of 0.025 0.05 percent or as otherwise
318 specified by the court. The court may require the use of an
319 approved ignition interlock device for a period of at least not
320 less than 6 continuous months, if the person is permitted to
321 operate a motor vehicle, whether or not the privilege to operate
322 a motor vehicle is restricted, as determined by the court. The
323 court, however, shall order placement of an ignition interlock
324 device in those circumstances required by s. 316.193.
325 Section 9. Paragraph (b) of subsection (1), paragraph (a)
326 of subsection (4), and subsection (9) of section 316.302,
327 Florida Statutes, are amended to read:
328 316.302 Commercial motor vehicles; safety regulations;
329 transporters and shippers of hazardous materials; enforcement.—
330 (1)
331 (b) Except as otherwise provided in this section, all
332 owners or drivers of commercial motor vehicles that are engaged
333 in intrastate commerce are subject to the rules and regulations
334 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
335 the exception of 49 C.F.R. s. 390.5 as it relates to the
336 definition of bus, as such rules and regulations existed on
337 December 31, 2012 October 1, 2011.
338 (4)(a) Except as provided in this subsection, all
339 commercial motor vehicles transporting any hazardous material on
340 any road, street, or highway open to the public, whether engaged
341 in interstate or intrastate commerce, and any person who offers
342 hazardous materials for such transportation, are subject to the
343 regulations contained in 49 C.F.R. part 107, subparts F and
344 subpart G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180.
345 Effective July 1, 1997, the exceptions for intrastate motor
346 carriers provided in 49 C.F.R. 173.5 and 173.8 are hereby
347 adopted.
348 (9)(a) This section is not applicable to the transporting
349 of liquefied petroleum gas. The rules and regulations applicable
350 to the transporting of liquefied petroleum gas on the highways,
351 roads, or streets of this state shall be only those adopted by
352 the Department of Agriculture and Consumer Services under
353 chapter 527. However, transporters of liquefied petroleum gas
354 must comply with the requirements of 49 C.F.R. parts 393 and
355 396.9.
356 (b) This section does not apply to any nonpublic sector
357 bus.
358 Section 10. Paragraph (b) of subsection (3) and subsection
359 (5) of section 316.3025, Florida Statutes, is amended, present
360 subsection (6) of that section is renumbered as subsection (7),
361 and a new subsection (6) is added to that section, to read:
362 316.3025 Penalties.—
363 (3)
364 (b) A civil penalty of $100 may be assessed for:
365 1. Each violation of the North American Uniform Driver Out
366 of-Service Criteria;
367 2. A violation of s. 316.302(2)(b) or (c);
368 3. A violation of 49 C.F.R. s. 392.60; or
369 4. A violation of the North American Standard Vehicle Out
370 of-Service Criteria resulting from an inspection of a commercial
371 motor vehicle involved in a crash; or.
372 5. A violation of 49 C.F.R. s. 391.41.
373 (5) Whenever any person or motor carrier as defined in
374 chapter 320 violates the provisions of this section and becomes
375 indebted to the state because of such violation and refuses to
376 pay the appropriate penalty, in addition to the provisions of s.
377 316.3026, such penalty becomes a lien upon the property
378 including the motor vehicles of such person or motor carrier and
379 may be seized and foreclosed by the state in a civil action in
380 any court of this state. It shall be presumed that the owner of
381 the motor vehicle is liable for the sum, and the vehicle may be
382 detained or impounded until the penalty is paid.
383 (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
384 prohibits texting while operating a commercial motor vehicle, or
385 49 C.F.R. s. 392.82, which prohibits using a handheld mobile
386 telephone while operating a commercial motor vehicle, may be
387 assessed a civil penalty and commercial driver license
388 disqualification as follows:
389 1. First violation: $500.
390 2. Second violation: $1,000 and a 60-day commercial driver
391 license disqualification pursuant to 49 C.F.R. part 383.
392 3. Third and subsequent violations: $2,750 and a 120-day
393 commercial driver license disqualification pursuant to 49 C.F.R.
394 part 383.
395 (b) A company requiring or allowing a driver to violate 49
396 C.F.R. s. 392.80, which prohibits texting while operating a
397 commercial motor vehicle, or 49 C.F.R. s. 392.82, which
398 prohibits using a handheld mobile telephone while operating a
399 commercial motor vehicle, may, in addition to any other penalty
400 assessed, be assessed the following civil penalty. The driver
401 shall not be charged with an offense for the first violation
402 under this paragraph by the company.
403 1. First violation: $2,750.
404 2. Second violation: $5,000.
405 3. Third and subsequent violations: $11,000.
406 Section 11. Paragraph (a) of subsection (3) and paragraph
407 (c) of subsection (5) of section 316.515, Florida Statutes, is
408 amended to read:
409 316.515 Maximum width, height, length.—
410 (3) LENGTH LIMITATION.—Except as otherwise provided in this
411 section, length limitations apply solely to a semitrailer or
412 trailer, and not to a truck tractor or to the overall length of
413 a combination of vehicles. No combination of commercial motor
414 vehicles coupled together and operating on the public roads may
415 consist of more than one truck tractor and two trailing units.
416 Unless otherwise specifically provided for in this section, a
417 combination of vehicles not qualifying as commercial motor
418 vehicles may consist of no more than two units coupled together;
419 such nonqualifying combination of vehicles may not exceed a
420 total length of 65 feet, inclusive of the load carried thereon,
421 but exclusive of safety and energy conservation devices approved
422 by the department for use on vehicles using public roads.
423 Notwithstanding any other provision of this section, a truck
424 tractor-semitrailer combination engaged in the transportation of
425 automobiles or boats may transport motor vehicles or boats on
426 part of the power unit; and, except as may otherwise be mandated
427 under federal law, an automobile or boat transporter semitrailer
428 may not exceed 50 feet in length, exclusive of the load;
429 however, the load may extend up to an additional 6 feet beyond
430 the rear of the trailer. The 50-feet length limitation does not
431 apply to non-stinger-steered automobile or boat transporters
432 that are 65 feet or less in overall length, exclusive of the
433 load carried thereon, or to stinger-steered automobile or boat
434 transporters that are 75 feet or less in overall length,
435 exclusive of the load carried thereon. For purposes of this
436 subsection, a “stinger-steered automobile or boat transporter”
437 is an automobile or boat transporter configured as a semitrailer
438 combination wherein the fifth wheel is located on a drop frame
439 located behind and below the rearmost axle of the power unit.
440 Notwithstanding paragraphs (a) and (b), any straight truck or
441 truck tractor-semitrailer combination engaged in the
442 transportation of horticultural trees may allow the load to
443 extend up to an additional 10 feet beyond the rear of the
444 vehicle, provided said trees are resting against a retaining bar
445 mounted above the truck bed so that the root balls of the trees
446 rest on the floor and to the front of the truck bed and the tops
447 of the trees extend up over and to the rear of the truck bed,
448 and provided the overhanging portion of the load is covered with
449 protective fabric.
450 (a) Straight trucks.—A straight truck may not exceed a
451 length of 40 feet in extreme overall dimension, exclusive of
452 safety and energy conservation devices approved by the
453 department for use on vehicles using public roads. A straight
454 truck may attach a forklift to the rear of the cargo bed,
455 provided the overall combined length of the vehicle and the
456 forklift does not exceed 50 feet. A straight truck may tow no
457 more than one trailer, and the overall length of the truck
458 trailer combination may not exceed 68 feet, including the load
459 thereon. Notwithstanding any other provisions of this section, a
460 truck-trailer combination engaged in the transportation of
461 boats, or boat trailers whose design dictates a front-to-rear
462 stacking method may not exceed the length limitations of this
463 paragraph exclusive of the load; however, the load may extend up
464 to an additional 6 feet beyond the rear of the trailer.
465 (5) IMPLEMENTS OF HUSBANDRY AND FARM EQUIPMENT;
466 AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY REQUIREMENTS.—
467 (c) The width and height limitations of this section do not
468 apply to farming or agricultural equipment, whether self
469 propelled, pulled, or hauled, when temporarily operated during
470 daylight hours upon a public road that is not a limited access
471 facility as defined in s. 334.03(12), and the width and height
472 limitations may be exceeded by such equipment without a permit.
473 To be eligible for this exemption, the equipment shall be
474 operated within a radius of 50 miles of the real property owned,
475 rented, managed, harvested, or leased by the equipment owner.
476 However, equipment being delivered by a dealer to a purchaser is
477 not subject to the 50-mile limitation. Farming or agricultural
478 equipment greater than 174 inches in width must have one warning
479 lamp mounted on each side of the equipment to denote the width
480 and must have a slow-moving vehicle sign. Warning lamps required
481 by this paragraph must be visible from the front and rear of the
482 vehicle and must be visible from a distance of at least 1,000
483 feet.
484
485
486 ================= T I T L E A M E N D M E N T ================
487 And the title is amended as follows:
488 Delete lines 9 - 45
489 and insert:
490 vehicle”; amending s. 316.0083, F.S,; revising
491 provisions for enforcement of specified provisions
492 using a traffic infraction detector; revising
493 notification of violation requirements; providing that
494 a recipient of a notice of violation may request a
495 hearing; providing that initiating a proceeding to
496 challenge the delivery or attempted delivery of the
497 notice of violation or a citation waives any challenge
498 or dispute as to delivery; revising provisions for
499 issuance of a citation; revising provisions for
500 enforcement when a person other than the owner is
501 designated as having care, custody, or control of the
502 motor vehicle at the time of the violation; providing
503 that specified provisions for notice of violation
504 apply to such designated person; amending s. 316.066,
505 F.S., authorizing the Department of Transportation to
506 immediately receive a crash report; amending s.
507 316.081, F.S.; prohibiting a driver from driving at
508 less than the posted speed in the furthermost left
509 hand lane of road, street, or highway having two or
510 more lanes if being overtaken by a motor vehicle ;
511 providing exceptions; providing penalties; amending s.
512 316.1937, F.S., revising operational specifications
513 for ignition interlock devices; amending 316.302,
514 F.S., revising provisions for certain commercial motor
515 vehicles and transporters and shippers of hazardous
516 materials; providing for application of specified
517 federal regulations; removing a provision for
518 application of specified provisions and federal
519 regulations to transporting liquefied petroleum gas;
520 amending s. 316.3025, F.S.; refusal to pay penalty;
521 providing penalties for violation of specified federal
522 regulations relating to commercial drivers and the use
523 of mobile telephones and texting while driving a
524 commercial motor vehicle; amending s. 316.515, F.S.,
525 revising the maximum allowable length of certain
526 vehicle combinations; expanding an exemption from
527 width and height limitations to farming and
528 agricultural equipment operated in a certain proximity
529 to real property that is managed or harvested by the
530 equipment owner; amending
