Florida intrastate: the line is 26,001 lbs, and the exceptions are real.
Florida adopts most of the federal safety regulations for intrastate commerce by statute, then writes a set of Florida-only exceptions underneath. If you run only in Florida, both halves matter — the adoption tells you the rules apply, and subsection (2) may change which ones.
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What Florida adopted
Florida takes the federal safety regulations into state law and applies them to carriers that never leave the state. The instrument is Fla. Stat. 316.302(1)(b).
- Parts adopted
- 49 CFR Parts 382-386 and 390-397
- In the rule's own words
- “all owners and drivers of commercial motor vehicles that are engaged in intrastate commerce are subject to the rules and regulations contained in 49 C.F.R. parts 382-386 and 390-397”Fla. Stat. 316.302(1)(b)
When it reaches you
Florida intrastate threshold
26,001 lbs
Fla. Stat. 316.302(2)(f) exempts a person operating a commercial motor vehicle with a gross vehicle weight, gross vehicle weight rating and gross combined weight rating of less than 26,001 pounds solely in intrastate commerce, where no placarded hazardous materials are carried.
Covered regardless of weight
- Hazardous materials in amounts requiring placards under 49 CFR Part 172 — the 26,001 lb exemption does not apply (Fla. Stat. 316.302(2)(f))
- Any interstate trip, including an in-state leg of trade that starts or ends out of state, reverts to the federal 10,001 lb definition (49 CFR 390.5)
Cross a state line — or run an in-state leg of trade that starts or ends out of state — and the federal definition applies instead, at 10,001 lbs (49 CFR 390.5). The state threshold only ever helps a carrier whose work is entirely inside Florida.
Florida freezes the federal text to a date
316.302(1)(b) adopts the federal rules as they existed on a stated date rather than as amended. Your interstate operations follow the current CFR; your Florida-only operations follow the version the statute names. Check the current statute text for the date in force.
Subsection (2) carries intrastate-only exceptions
Fla. Stat. 316.302(2) includes carve-outs for agricultural and horticultural hauling to first processing or market, electric utility and telephone employees within 200 air-miles, driver-salespersons, and a medical examination variation. These are Florida exceptions to Florida intrastate rules — they do not travel with you across a state line.
What every driver file must hold
Once the rules apply, the contents are federal and identical in every state: 11 records per driver across two separate files, plus related obligations. A missing or incomplete required record is a recordkeeping violation — up to $1,584 per day and $15,846 per violation (49 CFR Part 386, Appendix B).
Driver Qualification File
49 CFR 391.51
- Application for employment · At hire
- Motor vehicle record — at hire · At hire
- Road test certificate or equivalent · Once
- Motor vehicle record — annual inquiry · Every 12 months
- Note of annual review of driving record · Every 12 months
- Medical examiner's certificate · Expires — up to 24 months
Driver Investigation History File
49 CFR 391.53
- Driver's written authorization · At hire
- Previous employer responses · Within 30 days of hire
Related obligations
49 CFR Parts 380 & 382
- Pre-employment drug & alcohol test result · At hire
- Drug & Alcohol Clearinghouse query · Pre-employment, then annually
- Entry-level driver training certificate · Once
We build the files for you
$999 one-time Audit-Ready Setup for Florida carriers with up to 30 drivers, with a 30-day money-back guarantee. Then $8 per driver per month ($79 minimum) to track every expiry date.
My trucks are all under 26,001 lbs and I only run in Florida. Am I exempt?
From subsection (1), yes — Fla. Stat. 316.302(2)(f) exempts intrastate operation of a commercial motor vehicle under 26,001 pounds by gross vehicle weight, GVWR and GCWR, provided you are not carrying hazardous materials requiring placards. Carry one interstate load and the federal 10,001 lb definition in 49 CFR 390.5 applies instead.
Does a run from Jacksonville to Miami count as interstate?
It can. 49 CFR 390.5 treats an in-state movement as interstate commerce when it is part of trade that begins or ends outside the state — a container drayed from a port to an in-state consignee is the common example. If any part of your work looks like that, assume the federal threshold.
Which parts does Florida actually adopt?
49 C.F.R. parts 382-386 and 390-397, per Fla. Stat. 316.302(1)(b). Part 391, the driver qualification rules, is inside that range.
Other states
- Georgia · 10,001 lbs
- North Carolina · 26,001 lbs
- Alabama · 26,001 lbs
- Tennessee · over 26,000 lbs
- South Carolina · no weight carve-out in the rule
General information, not legal advice. State rules are amended; verify Fla. Stat. 316.302(1)(b) in its current form before relying on it for your operation. Federal citations are to Title 49 of the Code of Federal Regulations.