I. Florida’s ELD Mandate

Florida’s requirement for electronic logging devices (ELDs) takes effect next month.  The new ELD requirement, as laid out in Section 316.302(1)(b) Florida Statutes, will now require commercial drivers of commercial vehicles that operate solely in intrastate commerce to comply with existing federal standards regarding ELDs and hours of service logs. This changes the current Florida rule which allows drivers operating solely in intrastate commerce to use paper logs to record hours of service. Florida Highway Patrol and Office of Commercial Vehicle Enforcement will begin to enforce the ELD mandate for intrastate drivers on December 31, 2019.

Despite the change in record-keeping requirements, Florida’s hours of service regulations themselves are not changing.  In Florida, drivers may drive for 12 hours following an off duty period of 10 hours. For the purposes of this 10-hour off duty period, the driver may combine sleeper berth time with other consecutive off duty time. Drivers may also use split sleeper berth times to achieve the required 10 hours.

A driver may not drive after the 12th hour of coming on duty following 10 consecutive hours off duty, but may perform other on duty tasks up to 16 hours. A driver that exceeds 16 hours on duty, but does not exceed 12 hours driving, is still only required to obtain 10 consecutive hours of rest to return to driving status. Drivers may not drive after 70 hours on duty in 7 consecutive days or 80 hours on duty in 8 consecutive days. After 34 consecutive hours off duty, a new 7 or 8 day period may begin.

II. Exemptions to ELD Mandate

In addition to exemptions for driver-sales persons and employees of electric utilities, Florida carves out some narrow exemptions to the ELD Mandate for property-carrying commercial drivers. The three main categories of ELD exemptions for property-carrying commercial drivers are: (a) drivers operating within 150 Air-Mile radius from their work reporting location; (b) drivers operating commercial vehicles transporting specified agricultural products or livestock; and (c) drivers operating vehicles with GVWR of less than 26,001 pounds and not transporting hazardous materials in amounts requiring placarding.  Each exemption is discussed below.

1. Operations within 150 Air-Mile Radius

In Florida, drivers who do not exceed a 150 air-mile radius (the equivalent of 172.6 statute miles) from where the vehicle is based and are released from duty within 12 hours are not required to maintain a logbook, so long as they do not transport placarded hazardous materials.  To qualify for the 150 Air-Mile Radius exemption, the following must be met:

1. The driver returns to work reporting location and is released from work within 12 consecutive hours (49 CFR § 395.1(e)(1)(ii));
2. The driver has at least 10 consecutive hours off duty separating each 12 hours on duty, (49 CFR § 395.1(e)(1)(iii)(A));
3. if a passenger carrying vehicle, the driver must have 8 consecutive hours off separating 12 hours on duty (49 CFR § 395.1(e)(1)(iii)(A); and
4. the motor carrier that employs driver maintains, for a period of 6 months, records showing: (a) time the driver reports for duty each day; (b) total number of hours on duty each day; (c) the time driver was released each day; and (d) if the driver is used for first time or intermittently, the total time for preceding 7 days and time which driver was last relieved from work (49 CFR § 395.1(e)(1)(v).

1. Documentation When the Driver Exceeds 12 hours Duty Time
   A driver operating with 150 air-mile exemption who is not released from duty within 12 hours and remains within a 150 air-mile radius must document their time spent driving and their time spent performing other on duty tasks beginning the first minute following 12 hours on duty.  There is no required format for these drive time/on duty time records, but they must be retained for a minimum of 6 months.
2. Documentation When the Driver Crosses State Line or Exceeds 150 Air-Miles
   If a driver crosses a state line, the federal hours of service regulations then apply.  However, if the interstate travel is within a 100 air-mile radius of their work reporting location, that driver is still exempt from the reporting requirements in 49 CFR §§ 395.8 and 395.11 so long as the driver (1) returns to the work reporting location and is released from work within 12 consecutive hours, and (2) has at least 10 consecutive hours off duty separating each 12 hours on duty.For example, if a commercial driver leaves its employer’s base operations in Tallahassee, Florida and drives to Thomasville, Georgia (40 miles away from the base location) and returns to the employer’s location within the 12 hour work shift, an ELD is not required.  However, if the driver went home at the end of the 12 hour shift instead of returning to the employer’s base, an ELD would be required.
3. Documentation Requirements for Exceeding 150 Air-Miles or 12 Hours On Duty
   When a driver exceeds the 150 air-mile radius or goes over 12 hours on duty the driver must complete a regular driver’s log for the day rather than a simple timecard. This log, however, may be a paper log and doesn’t need to involve an ELD. As of December 31, 2019, Florida requires a driver to use an ELD if the driver has had to complete a log at least 8 days out of the last 30 days, after the eighth day. The driver can use a paper log for the day if the driver has had to complete a log 8 or fewer days out of the last 30 days.

2. Agricultural and Forestry ExemptionFlorida’s regulations provide an important ELD exemption for commercial drivers in Florida’s agriculture industry. Drivers transporting agricultural products, including horticultural or forestry products, from farm or harvest place to the first place of processing or storage, or from farm or harvest place directly to market, are not required to have an ELD, under 316.302(e) Fla. Stat..  Notably, the exemption is narrowly framed and tied to the first destination of the products after leaving the farm—that is, transportation to the first place of processing, storage, or market.
3. GVWR Less than 26,001 poundsAdditionally, drivers operating a commercial vehicle with a gross vehicle weight of less than 26,001 pounds, and who are not transporting hazardous materials requiring placarding, are exempt from the ELD Mandate under 316.302(f) Flat Stat.

III. The Takeaway

Whether Florida is vigorous in its enforcement of the ELD Mandate beginning December 31, 2019 remains to be seen.  As ELD use has been mandated for drivers operating in interstate commerce since late 2017, and Florida’s ELD compliance deadline has been looming, commercial drivers should anticipate that Florida Highway Patrol will be monitoring for compliance beginning December 31.

Some commercial drivers may qualify for an exemption of Florida’s ELD Mandate.  The ELD exemptions are narrow, so proper adherence to the requirements is essential. Drivers should have accurate Bills of Lading and manifests showing what products are being transported and the points of origin and delivery. Additionally, drivers should have access to their timecards to show hours on duty.  While drivers and carriers have responsibility for maintaining compliance with Florida’s ELD Mandate and any exemptions, they may also be able to obtain correspondence from Florida Highway Patrol Office of Commercial Vehicle Enforcement (OCVE) documenting the driver’s exemption to operate lawfully without an ELD.  This correspondence with OCVE could help prevent potential confusion and prove to be very beneficial for employer, driver, and law enforcement officer at a road-side stop.

If not already completed, motor carriers should update existing Hours of Service documentation policies and ELD procedures to reflect the new Florida ELD requirement for employee drivers operating in intrastate commerce.  Law enforcement officers and DOT compliance auditors will review this information in an audit and/or Level III inspection. Additionally, carriers using independent contractors should check with their drivers to ensure that they are prepared to meet the upcoming ELD Mandate.

For more information regarding compliance with Florida’s ELD Mandate and federal standards, contact us.

Contributing authors:

Lesley B. Sachs, Elle M. Slattery