Fall 2020
The Official Publication of Florida Trucking Association
MOVING FORWARD
TABLE of CONTENTS 4 | Moving Forward By Alix Miller
COVID-19 has been keeping most of the industry busier than ever. Add 29 named storms in 2020. Then add federal regulatory changes; evolving technologies; political, legislative and judicial efforts; and the regular 24/7, day-in-day-out work. Trucking is always moving forward.
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18
DEPARTMENTS
08
President’s Message
3
Driver of the Month Awards
8
Fleet Safety Award Winners
18
Passing the Gavel
17
Calling All Future Leaders
19
Moves and News
20
FEATURES 4
Moving Forward
26
14 33
Maintaining Operations through a Compound Disaster
12
Understanding PIP
14
Work-from-Home Impact on Drug Testing 18 2020 Elections Recap 23
23
INDUSTRY INSIDER IFTA License Renewals for 2021
11
The Fight against Human Trafficking
16
Q & A with Jake Severit 24
4
14
FLORIDA TRUCK NEWS
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KENNETH S. ARMSTRONG, PH.D. PRESIDENT AND CEO, FLORIDA TRUCKING ASSOCIATION
VOLUME 79, NUMBER 3 • Q3 2020 STAFF: President and CEO, Kenneth S. Armstrong ken@FLTrucking.org Vice President, Alix Miller alix@FLTrucking.org Director of Operations, Brian Nerland
President’s Message
brian@FLTrucking.org
Not Normal, But Necessary
Executive Assistant, Dot Butler
If you are like I am, you are tired of hearing about “Zoom meetings” and the “new normal.” Nothing about this pandemic makes me comfortable referring to either an old normal or a new one.
dot@FLTrucking.org
Published by:
350 E. College Ave. Tallahassee, FL 32301 www.FLTrucking.org EDITORIAL Editor: Alix Miller ADVERTISING Sales: Brian Nerland DESIGN & LAYOUT Art Director: Jeremy Ashmore
In fact, though, trucking and your trucking association are finding ways to keep our business running for one simple reason. We are necessary. Or in pandemic lingo, we are essential. Where much in our economy and society has been paralyzed, we have been mobilized. When many have been figuratively or literally confined to their abodes, we have been on the roads. This issue of Florida Truck News focuses on the way forward. Technology doesn’t slow down in revolutionary times…far from it. Plaintiffs attorneys don’t advertise less or look for fewer people to sue. The legislature doesn’t skip a session. Human traffickers don’t take a holiday. And consumers definitely don’t quit buying. There’s a little-known movie called “The Adjustment Bureau.” Well, you and FTA are in a period of adjustment. Enjoy the read of how we are all adjusting!
© 2020 Florida Trucking Association. The contents of this publication may not be reproduced by any means, in whole or in part, without the prior written consent of FTA. For subscription information, please contact FTA at 850-222-9900. Postmaster: Address changes to Dot Butler, 350 E. College Avenue, Tallahassee FL 32301 Disclaimer: The opinions expressed by the authors of the articles contained in Florida Truck News magazine are those of the respective authors and do not necessarily represent the opinion of Florida Trucking Association or its member companies. Printed in Florida. Please recycle where facilities exist.
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MOVING FORWARD MOVING FORWARD products, fuel and emergency supplies to the citizens of our state.
By Alix Mil ler Where to begin? When we last caught up with our intrepid industry, it was summer. Most of the state, if not the country, was still, at least unofficially, shut down. Essential workers were running the world—keeping the public safe and providing vital services. During the past several months, FTA has fielded hundreds of calls from member companies, needing specific guidance on federal and state waivers, permits and exemptions; spent countless hours communicating with our agency partners; and offered advice on often time-sensitive responses for the industry. 29 named storms and hopefully, at the time of this publication no longer counting, Florida itself has borne the brunt of high winds and storm levels, many of which hit the Panhandle directly. Our members, as always, stepped up and provided life-saving 4 | FALL 2020
FLORIDA TRUCK NEWS
Trucking is always moving forward. No matter what the country is dealing with, the wheels keep rolling on our trucks—our drivers, technicians, logistics specialists and safety managers stay focused on the task at hand. The trucking industry has always had to keep going, no matter what, while simultaneously looking forward and preparing—not just for the next emergency when FTA or our member companies receive a 3am phone call—but for what’s coming on the horizon. Technology advances, regulations change, legal battles and overall industry issues don’t stop for a pandemic or a hurricane. So, neither do we. FTA spent a good deal of time preparing for and protecting trucking in the 2020 elections over the past few months. Thanks to the generous
contributions to the FTA-PAC, we were able to strategize and let politicians know that our Association is ready to fight. Thousands of miles were logged visiting legislators and candidates, from Naples to Pensacola, Lakeland to Jacksonville. I won’t give away the success rate of our campaign contributions — I’ll let Chris Dudley do that in this issue in his elections recap. We hosted a trucking rally in October at the SUN ‘n FUN Aerospace Expo at Linder Lakeland International Airport. Featured guests included Donald Trump, Jr., (newly elected) Congressman Scott Franklin, Senator Kelli Stargel and Polk County Commissioner Martha Santiago. A stage, 100% on-brand, was provided by Carroll Fulmer Logistics Corporation, with Oakley Transport, UPS Freight and Florida Utility Trailers and Sunstate Carriers adding to the backdrop. The honored guests
COVER STORY: MOVING FORWARD <
Donald Trump Jr. Speaks to the Group
Scott Franklin speaks at the rally
championed the work our drivers do and announced the 2020 Driver of the Year from UPS Freight, Salvador Gonzalez.
and 2019. In the first five years of the data, there were only 26 verdicts over $1 million, and in the last five years of the data, nearly 300 cases hit that mark. The number of verdicts over $10 million nearly doubled in that time.
Our federal partners, American Trucking Associations and the American Transportation Research Institute have provided us with research and data on the top 10 trucking concerns in the country, and then subsequently provided FTA with Florida-specific results (found later in this article). ATRI also released a robust study, which can be downloaded from their website, on the impact of litigation on trucking. ATRI studied 600 cases between 2006
In response to arguments that nuclear verdicts reflect real-world cost increases, the research documented that from 2010 to 2018, the size of verdict awards grew 51.7 percent annually at the same time that standard inflation grew 1.7 percent annually and healthcare costs grew 2.9 percent annually.
Sal Gonzalez accepts his Driver of the Year Award
American Trucking Associations’ annual MC&E conference went on as scheduled, moving to a virtual event. During President Chris Spears’ address, he pledged, “to wage several legal battles in support of the industry. Trial attorneys are now paying attention, some even claiming that they’re the defenders of safety. Really? Where were they when ELDs, cameras and technology entered our trucks? I don’t recall seeing one trial attorney walking the halls of Congress when that was up for vote.” FTA has too been mobilizing to protect the bottom line and health
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COVER STORY: MOVING FORWARD <
of trucking in Florida, our state being consistently referred to as a â&#x20AC;&#x153;judicial hellhole.â&#x20AC;? Over the past several months, a coalition of like-minded businesses and associations has been meeting to streamline messaging and develop a strategic plan to fight for much-needed reform in lawsuit abuse. Zoom meetings and webinars have continued, without pause, and small groups are starting to safely convene. New regulations (such as the hours of service changes) have been put in place, state agencies work to problem-solve with us to get our drivers in for CDL testing, despite closed offices, and FTA leadership regularly addresses groups to provide the trucking perspective. New technologies keep coming down the pike, with companies continuing to enter the autonomous market. Every day in trucking is a new day, and we will continue to move forward.
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State Top Industry Issues Report 2020 Florida 1. Driver Shortage
6. Driver Retention
2. Insurance Cost / Availability
7. Driver Training Standards
3. Tort Reform
8. Automated Truck Technology
4. Independent Contractor Status 5. Detention / Delay at Customer Facilities
9. Economy 10. Hours-of-Service 10. Hours-of-Service
2021
JANUARY 20-21: FLORIDA TORT REFORM SUMMIT (Jacksonville)
FEBRUARY 17: VIRTUAL FTA OPEN HOUSE
STNEVE FO RADNELAC
MARCH 17-18: TRUCKING DAY AT THE CAPITOL (Tallahassee)
APRIL 14-16: SUPERTECH COMPETITION BOARD OF DIRECTORS MEETING (15th) SPRING CONFERENCE (Tampa)
MAY 3-7: FTA CALL ON WASHINGTON (Washington, D.C.)
JUNE 9: HERMAN FAUSS SCHOLARSHIP GOLF TOURNAMENT (LPGA) 10-12: FLORIDA TRUCK DRIVING CHAMPIONSHIPS (Daytona Beach)
JULY 22-24: ANNUAL CONFERENCE (Ritz-Carlton Grande Lakes, Orlando)
AUGUST 11-14: NATIONAL TRUCK DRIVING CHAMPIONSHIPS (Minneapolis)
SEPTEMBER 12-16: NATIONAL SUPERTECH COMPETITION (Cleveland, OH) 12-18: NATIONAL TRUCK DRIVER APPRECIATION WEEK
OCTOBER 12: VOLUNTARY VEHICLE INSPECTION 13-14: FALL ROUND-UP (Lake Mary) FLORIDA TRUCK NEWS
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2020 Drivers of the Month / Driver of the Year FTA members and their drivers are used to gathering together in a ballroom, music blasting and crowds cheering as the Truck Driving Championships competitors celebrate their work and pride in the industry. On the same evening, drivers are recognized for their work through Safety Management Council Awards. Unfortunately, it was not to be this year. Instead, the safety awards were announced during National Truck Driver Appreciation Week, a (socialdistanced) social media campaign and companies were mailed certificates to present. The 2020 Driver of the Year, Sal Gonzalez, enjoyed a special treat: an award presentation at the Linder Lakeland International Airport, surrounded by his loved ones, colleagues and personally congratulated by Donald Trump, Jr. So, while the awards tradition may have detoured a little for 2020, we celebrate the following Drivers of the Month and Year:
DRIVER OF THE YEAR JANUARY Salvador Gonzalez has spent more than 36 years as a commercial motor 8 | FALL 2020
FLORIDA TRUCK NEWS
vehicle driver, averaging 25,000 miles a year in his 4-axle. He has spent eight years with UPS Freight, with 1.6 million total safe miles driven. Sal is no stranger to awards: he won second place in the 4-axle class at FTA’s 2019 Truck Driving Championships; first place in 4-axle for the Safety Drive for a Cure; and multiple local terminal Driver of the Month awards. More significant, perhaps, is his community service work. He volunteers feeding the homeless through Ocala Neighbor to Neighbor; drives the truck during the month of
April for Pinwheels for Prevention; and participates in “Touch a Truck” events for youth and educating teen drivers at Share the Road events, as a Florida Road Team member. Sal’s service manager says that Sal always leads by example and is responsible for changing the safety culture in the Ocala facility. He is known for his “positive, contagious attitude and readily volunteers for extra work including weekends.” Sal believes safety is more important than ever, during the pandemic,
because truck drivers are more vital than ever. Sal believes that safety should always start at the top, and leadership should lead by example. He also wrote that being named as FTA Driver of the Year would be his biggest accomplishment of his career, but wouldn’t change who he is, “a safe professional driver who strives to do the right thing every time, the first time, and keep myself and all others around me as safe as possible, as well as represent my company and the industry the best I can—making my family and company proud along the way.” FEBRUARY Joseph Barrington averages 120,000 miles a year for Carroll Fulmer Logistics Corporation out of Groveland. He has worked for Carroll Fulmer for nine years, with 33 total years on the road, and 2.5 million safe driving miles. Joseph is committed to keeping up with current safety processes and procedures and has completed several NATMI and PROTREAD courses. Joseph is a Mason and Shriner in Tampa and always looks forward to driving his HarleyDavidson in Toys for Tots for the U.S. Marine Corps.
has been driving for FRTL, logging 800,000 miles for the company, for nine years, with 21 total years as a professional driver. Don loves to drive and “is always upbeat and clearly having fun.” He was shocked to have been nominated for a Driver of the Month award, but FRTL doing so proved his love for the industry and his pride for being one of “the awesome group of drivers in Florida.” MAY Linzel Carty is a 32-year veteran driver and has logged 600,000 miles during his time at Dillon Logistics. In 2019, he was awarded the Driver of the Year at Dillon and received a certificate for safe driving by the American Trucking Associations in 1990. Linzel is dedicated to his community and is a licensed marriage counselor and licensed minister and pastor. His manager credits his success to his morning routines and high safety standards: always pointing out concerns to other drivers and being the first to find and correct any issues with equipment.
JUNE Edward Chavez drives a 5-axle tanker for Florida Rock & Tanks Lines out of its White Springs terminal. Averaging 90,000 miles a year, he has been a professional driver for 13 years, with eight at FRTL. Safety Supervisor Patrick Tornwall called him a “giver”: in his personal life he is an active member of the Common Ground Christian Church, serving as a board member, where he provides food and services to the homeless community. Edward serves as a Certified Driver Trainer in the Chemical Division and “is relentless in his pursuit of personal excellence.” Most important for Edward is to not just “talk the talk, but walk the walk” and demonstrates his commitment by proving his concern for driving safely. JULY Steve Sheets has spent 34 years driving entirely for UPS, averaging 100,000 miles a year out of the 2020 Driversof Month/Year continued on page 9
MARCH Larry Clark averages 156,000 miles a year driving his doubles for UPS out of Jacksonville. He has been a member of the UPS family since 1977 and was a Certified Driver Trainer. His leadership roles go beyond his “day job,” however: he is the President of his Homeowner’s Association; Youth Director and Head Coach for Pop Warner Pee Wee Football; Drill Instructor of the Safety Patrol; and Deacon, Youth Director and Song Director for his local church. He has logged five million safe driving miles and credits his success to a strong mindset. APRIL Donald White works out the Tampa terminal for Florida Rock & Tank Lines in his 5-axle tanker. He FLORIDA TRUCK NEWS
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2020 Driversof Month/Year continued from page 8
OCTOBER
Jacksonville terminal. Steve is called “a shining example in his department: what drivers look at and aspire to be — his career, his outlook on the profession and safety, and his overall kindheartedness.” He always looks at the “big picture” when he is on the road and “aims high and keeps his eyes moving.” AUGUST Brian Winchel has logged almost three million safe driving miles in his 31 years in the industry, with 23 years at Florida Rock & Tank Lines. He has amassed several safe driving awards at FRTL as well as additional certifications such as Certified Driver Trainer; HM126 Hazmat Training; Pump Driver Certification; Eastern Aviation Jet Fuel Certification; and NSC DDC Refresher. Brian spends his free time dedicated to the children of his community and volunteers with the Boy Scouts of America; Girl Scouts Project Graduation; as a little league baseball coach and booster; and working with the high school band. His wife Sue notes that “he is always looking for ways to help out other people, but rarely accepts or wants any recognition or reward for his efforts.” SEPTEMBER Mark Stilley, from Jacksonville, drives approximately 98,000 miles a year for UPS, with 46 years under his belt with the company. He has logged 3.3 million safe driving miles with no preventable or non-preventable accidents in his career. He is known as “one of the patriarchs” of the UPS family, a “gentle giant,” and is committed to safety for all of the 500 drivers at the company. He is committed to maintaining a positive image of the trucking industry and always reminds his fellow drivers to anticipate what other motorists are going to do on the road and be aware of unfavorable weather conditions and ensures equipment is in top working condition.
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Thorkell Ragnarsson is based at the Lake Wales terminal for Oakley Transport. He drives his 3-axle truck an average of 130,000 miles a year, logging a total of 39 years as a professional commercial truck driver and seven years at Oakley. He prides himself on consistent work habits for keeping him safe for his 3.5 million safe driving miles; mitigating risks by maintaining his equipment by thorough pre-trip inspections every morning. Thorkell credits his company, FTA and One Team Florida “for all working as one team with one vision and one goal”: safety. NOVEMBER Dale Prevatt has been with Florida Rock & Tank Lines for seven years and has been a professional truck driver for 33 years. Dale has spent his life dedicated to the trucking industry and his country: he has received multiple distinguished service awards, including a Bronze Star for his nine years of active duty in the Army. Dale has been deployed overseas to conflict areas including Desert Storm; Operation Enduring Freedom; and Operation Iraqi Freedom. He has served as a dedicated leader during hurricanes by providing fuel to first responders and communities in distress. DECEMBER Dave Harris, a former Army Infantry Paratrooper, has spent 34 years behind the wheel and has been driving for FedEx Ground for four years. He has logged three million safe driving miles in total, averaging 100,000 miles a year. Dave is currently writing a book, after having penned articles about being successful in the trucking industry. When he is not driving, he can be found educating and coaching his fellow drivers. He credits the support of the industry: dispatchers, managers, safety personnel, mechanics, loaders and enforcement officers, for being able to safely and effectively do his job.
IFTA License Renewals for 2021 â&#x20AC;&#x201C; What You Need to Know By DHSMV Bureau of Commercial Vehicles and Driver Services
decal reorder. Remember, in addition to the minimum liability coverage that applies to your type of operation, you must also show that you have current personal injury protection (PIP) coverage.
IFTA renewal notices for 2021 were recently mailed by the Bureau of Commercial Vehicles and Driver Services (CVDS). In Florida, renewal of International Fuel Tax Agreement (IFTA) credentials simply requires submission of a Decal Reorder form. A personalized copy of this form is included in the renewal notice package. A blank copy is also available on the Florida Department of Highway Safety and Motor Vehicles website (www. FLHSMV.gov). Search for Form 85010. Carriers may reorder one set of decals for every qualified vehicle in their IRP fleet. Carriers which do not have a Florida IRP account must submit proof of their qualified vehicles with their decal reorder. Carriers which have a Florida IRP account and are also registered E-File users may order online instead. Before placing your order, be sure all your quarterly tax returns are up to date and there are no outstanding taxes due. Carriers whose tax filings are current through the third quarter of 2020 will be considered eligible
to renew. However, carriers with Florida IRP accounts are also required to have proof of current vehicle insurance on file. Therefore, to be in full compliance and eligible for IFTA renewal, any carrier whose vehicle insurance policy renews after they have already renewed their Florida IRP fleet needs to ensure that CVDS has a copy of the current coverage on file. Without this proof of active coverage, Florida IRP accountholders will not be eligible to renew IFTA. If this applies to you, enclose a copy of your current certificate of insurance or other proof of coverage with your 2021
CVDS will start issuin g new licenses and decals in November to those carriers which have satisfied all the requirements and were prompt about submitting their renewal requests. The new decals can be affixed to vehicles beginning December 1. However, the deadline for submitting renewal requests has always been December 31. Carriers which do not timely comply with requirements or wait after December 31 to submit their reorder are considered late. Although it is permissible to operate with last yearâ&#x20AC;&#x2122;s license and decals through February 28 of 2021, the purpose of this two-month grace period is for jurisdictions to have ample time to issue renewed licenses and decals. It is not a grace period for carriers to renew. Avoid last minute issues and get your renewal submitted before the holidays!
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Hurricane Isaias and COVID-19: Maintaining Operations through a Compound Disaster By Scott Fouts Take-away: COVID-19 has significantly impacted every aspect of our personal and professional lives. Now, throw a hurricane into the mix and you’ve got a compound disaster. It’s possible to prepare for such an event with these three best practices. Whatever your business’ annual disaster preparedness plans are during hurricane season, they’ve changed for 2020. As the COVID-19 pandemic continues to impact and disrupt businesses—along with a very active hurricane season, it has become increasingly important for business owners and operators, especially those in trucking and logistics, to anticipate the potential of a compound disaster. A compound disaster refers to two or more disaster events creating additional and increasingly complex response and recovery challenges as each disaster amplifies the effect of the other. Unfortunately, natural disasters and human-caused crises are unlikely to decrease in frequency during a pandemic.
Compound Disaster Business Considerations in Florida In the midst of this “new normal” now is the time to assess and adjust your business preparedness plan, anticipating new ways of responding to compound events. Supply chain disruption and remote, decentralized workforces and financial constraints are just a few
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variables important to consider when recalibrating preparedness planning. Consider the following issues that are currently complicating compound disaster scenarios in Florida. • Overwhelmed disaster management support. Familiar state, federal and municipal government responses may be limited due to lack of availability or resources during a compound disaster. Government agencies, emergency service providers and healthcare systems already struggling to keep up with the global pandemic will be further strained by storms, and therefore, response times could be unusually high. Natural disaster response efforts require a large mobilization and coordination of teams of people and volunteers, which will include new and difficult challenges in a compound disaster response environment. An added challenge will be protecting first responders and those affected by the disaster from COVID-19. • Supply chain and shelter challenges. It is critical to consider how a compound disaster will affect the supply chain of the businesses you contract with, and therefore, your business as well. When considering how to shelter drivers on the road during a large-scale natural disaster, it’s possible there could come a point in time when
temporary shelters are the only alternative. Options that may have been available previously may no longer be viable due to social distancing requirements and COVID-19 risk. Review and amend your evacuation and continuity plans accordingly, and consider any possible options for establishing new meeting places and overnight shelters along driver routes. • Technology-related challenges. Many carriers already have a decentralized workforce, which has both pros and cons in the face of a natural disaster. While the likelihood of your entire remote staff being impacted by a single, localized event may be low, utility outages could disconnect support-critical staff for an extended period of time should their homes or travel areas temporarily lose power or connectivity. Consider your options in this scenario. Is there a way to make these employees and their technology more resilient in the face of a natural disaster? Another important aspect to consider is the recent rise in cyber incidents. A decentralized staff has made many business networks more vulnerable. Developing a business continuity plan that takes into account both a hurricane and COVID-19 constraints and challenges will prepare your truckers for the unexpected today. Scott Fouts is Vice President of Hub International’s Risk Services Division. Hub International is an FTA member.
2020 Fleet Safety Awards
Fleet Safety Awards are not easy to come by: to receive one, a company must rely on the driving records/accident history of all of its drivers. Receiving such an award requires a singular goal and commitment to safety that reverberates throughout all departments of a company. Congratulations to all winners of 2020 Fleet Safety Awards this year!
Dillon Logistics Florida Rock & Tank Lines
Bulk/Other Division Bulk/Other Division
Over 10 Million Miles Over 10 Million Miles
First Place Second Place
Groendyke Transport Oakley Transport
Bulk/Other Division Bulk/Other Division
Under 10 Million Miles Under 10 Million Miles
First Place Second Place
Southeastern Freight Lines FedEx Freight Old Dominion Freight Line
LTL Division LTL Division LTL Division
Total Distribution Landstar Express America
TL Division TL Division
Under 5 Million Miles Under 5 Million Miles
First Place Second Place
Breakthru Beverage Shelton Trucking
TL Division TL Division
5-15 Million Miles 5-15 Million Miles
First Place Second Place
Carroll Fulmer Logistics Corp. Publix Super Markets Walmart Transportation
TL Division TL Division TL Division
Over 15 Million Miles Over 15 Million Miles Over 15 Million Miles
First Place Second Place Third Place
First Place Second Place Third Place
FLORIDA TRUCK NEWS
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Understanding
PIP By Monte Stevens Simpson spoke of reviving talks to replace the state’s no-fault auto insurance system, which requires motorists to carry $10,000 in personal-injury protection coverage to help pay medical bills after accidents, with a requirement for bodily-injury coverage. The issue has stalled the past few years as the House and Senate fought over whether to restrict “bad faith” litigation as part of the proposal. “I think we could have some major reforms there and have some
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guardrails as it relates to bad faith,” Simpson said. – News Service of Florida, October 23, 2020 When asked about his 2021 legislative priorities at a recent event sponsored by the Florida Chamber of Commerce, Florida Senate President-Designate Wilton Simpson listed repealing the state’s current motor vehicle insurance law among other issues such as limiting water pollution and reforming the state’s pension system. While legislative debates about Florida’s no-fault insurance law are nothing new to Capitol watchers, rarely has a presiding officer weighed in before the session starts. As
a result, consumers and interest groups will want to pay close attention as session approaches because radical changes to the way Florida motorists are insured may be on the horizon.
A Brief History of Florida’s No-Fault Law. In 1971, Florida became one of the first states in the nation to adopt a “No-Fault” system of financial responsibility for motorists. The idea behind this system is laudable; in order to lower costs, drivers will be guaranteed certain medical and death benefits in exchange
for limiting their right to sue for certain non-economic benefits. This provides a minimum level of coverage regardless of who is at fault for an accident while simultaneously reducing litigation and the costs associated with it. Florida is one of 12 states with some form of no-fault system. Current law requires all motorists to carry a minimum of $10,000 of Personal Injury Protection (PIP) coverage and $10,000 of Physical Damage coverage. This guarantees that, in the event of an accident involving an uninsured motorist, there will be at least $10,000 for medical treatment resulting from that accident. This minimum coverage requirement has not been increased since the 1970’s and there is increasing recognition it is not sufficient to treat accident victims in need of care. Over the last 40 years, the Legislature has enacted several changes to the no-fault law that have been intended to lower costs and increase efficiency. While many of these changes have resulted in some modest savings for consumers, the outcome of these changes has been at best a mixed bag.
The Case for Repealing PIP Without question, $10,000 in insurance coverage doesn’t go very far when motorists are injured in an accident. Despite the rising cost of health care, the compulsory insurance benefit in Florida has not changed in more than 40 years. Advocates of repealing the no-fault law are quick to point this out. Further, it is difficult to argue that current law is doing anything to reduce litigation associated with auto accidents. The proliferation of billboards and television
advertisements for law firms tells you all you need to know about the amount of litigation happening in Florida. Those advocating for the repeal of Florida’s no-fault law typically advocate to replace it with a new system that mandates all motorists purchase bodily injury (BI) coverage with limits higher than the current $10,000 benefit. Legislation filed over the past several years would require minimum coverage of
law requires “ Current all motorists to carry a minimum of $10,000 of Personal Injury Protection (PIP) coverage and $10,000 of Physical Damage coverage.
”
$25,000 for injuries to a single person and $50,000 for injuries to multiple people. This coverage would increase the available benefits for injured parties and provide some protection for an individual’s personal assets, whereas PIP only provides medical and death benefits.
The Case against Repeal More than 90% of Florida drivers purchase insurance coverage that exceeds the mandatory coverage required by law, so for most drivers going from a PIP benefit to a BI benefit won’t be a big deal. However, there may be as many as one million drivers who buy only the minimum
compulsory coverage. These individuals are virtually certain to see premium increases which could be significant depending on where they live. Forcing someone to purchase 2.5 more coverage than they did previously may not be feasible to Florida residents who are living paycheck to paycheck. Legislators will also need to consider Florida’s litigation environment when deciding how best to protect the roadways. Insurers are rightfully concerned that repealing PIP and replacing it with a mandatory BI benefit will result in far more lawsuits for far greater amounts. Business interests and insurers will push for significant tort reform to help protect against this expected increase in litigation. In the past, insurers have advocated for reforms to the state’s bad faith law, and all indications are that will be on the table again in 2021. The fate of Florida’s auto insurance model is certainly up in the air heading into the 2021 session. While replacing a system that has been in place for almost 5 decades will not be simple, legislative leaders appear to be supportive of a repeal of the no-fault law. It will be important for those that occupy Florida roadways to pay close attention and engage with lawmakers as they grapple with this complicated issue. Monte Stevens is a Partner at The Southern Group Editor’s note: While PIP/BI does not directly impact CMV insurance requirements, trucking companies are affected by auto insurance requirements— how auto drivers are insured and how claims would be handled in the event of an accident.
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Florida Launches New Front in Fight Aga Against Human Trafficking By Terry L. Rhodes Florida’s thousands of miles of highway and growing economy present Floridians and visitors with many opportunities to travel for work and fun. However, while our expansive transportation system affords us so much, criminals target our state and use our highways to traffic women, men, and children. Human trafficking – or modern-day slavery – is a horrendous crime that can take place in many forms and places. Victims of trafficking can be young children, teenagers, and adults who are subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. Florida’s half a million commercial drivers are in a unique position to make a difference and actively stand against traffickers who seek to exploit our transportation system for their personal gain by serving as the eyes and ears of our highways. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has partnered with Florida Attorney General Ashley Moody, the Florida Trucking Association, and Truckers Against Trafficking (TAT) to launch a campaign aimed at enlisting more of Florida’s commercial truck drivers in the fight to end human trafficking by becoming certified through training offered by TAT. The initiative – Highway Heroes – involves a multimedia campaign, outreach materials mailed directly to commercial driver license (CDL) 16 | FALL 2020
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holders, and a new website with resources and information on identifying and reporting human trafficking. To learn more about the Highway Heroes initiative, and to become a certified TAT-trained driver, please visit FLHSMV.gov/HighwayHeroes. The training only takes approximately 30 minutes of your time and could prove invaluable in our shared goal of stopping human trafficking. Our longtime partners at the Florida Trucking Association have been dedicated to the mission of training professional drivers to spot and report human trafficking for many years, and
Attorney General Moody, who serves as Chair of the Statewide Council on Human Trafficking, has made fighting human trafficking one of her major priorities. We cannot be siloed in our efforts to combat trafficking in our state. It takes a strong united front, and with the support of our trucking industry professionals, we can make our roads the first line of defense in our fight for A Safer Florida. Terry L. Rhodes is the Executive Director of the Florida Department of Highway Safety and Motor Vehicles
Passing the Gavel In October, the 2019-2020 FTA Board of Directors convened in Orlando at the impressive Cumberland International Trucks facility. (Many thanks again for hosting and serving as the official sponsor of the event!)
Chair, passed the gavel on to our 2020-2021 Chair, Philip Fulmer, CEO of Carroll Fulmer Logistics Corporation, while SMC Chair Cary Watkins passed the gavel on to Ray Lloyd, Safety Director for Carroll Fulmer.
During the meeting, the Board officially approved the 2020-2021 Board of Directors, thereby “passing the gavel.” Terry Borglund, after a slightly extended tenure as Board
We are looking forward to great things from our newest Board and are ready to get started!
2020 - 2021 FTA BOARD OF DIRECTORS Board Chair
Philip Fulmer
Carroll Fulmer Logistics Corporation
Vice Chair
Melissa Ernst
Quality Distribution
Second Vice Chair
Scott Perry
Suddath Global Logistics
Treasurer
Carlos Currlin
Rechtien International Trucks
Secretary
Mike Cobb
Landstar Transportation Logistics
PAC Chair
Terry Dicks
CDT
SMC Chair
Ray Lloyd
Carroll Fulmer Logistics Corporation
TMC Chair
Morris Valenzuela
Thermo King Corporation
2.0 Chair
Stephanie Slivanik
Signature Financial
Member Recruitment Chair
Scott MacDonald
Harrell's, LLC
Road Team Chair
Mark Shallar
MPS Transportation
ATA Vice President
Ryan Walpole
Walpole, Inc.
Member at Large
Matt Penland Richard Mohr J.W. Taylor Nick D’Andrea
Sunbelt Transport Ryder System Taylor & Associates, Attorneys at Law UPS
Immediate Past Chair
Terry Borglund
Pallet One / Sun One Logistics
Past Chair
Rob Sandlin
Florida Rock & Tank Lines
Past Chair
Jeff Day
Publix Super Markets
FLORIDA TRUCK NEWS
FALL 2020 | 17
Work-From-Home Impact on Drug Testing
By Jared Rosenthal The rise in remote work due to COVID-19 has impacted both drug use and drug testing. One study shows a 55% rise in alcohol consumption since work-from-home rose sharply due to widespread shutdowns. Work-fromhome staff are facing a changed drug testing landscape. Here’s what employers and employees should know about employment drug testing in a world of increased remote employment. Many aspects of both our work and personal lives have changed since the start of the coronavirus pandemic. Many non-essential companies and workers quickly pivoted into remote work, otherwise known as “Work From Home” or WFH. More than 40 million Americans have lost their jobs. Companies are dealing with many critical changes that they are struggling to adapt to. Ensuring that long-standing employment drug testing policies are adjusted for a dramatically changed work environment is one of those crucial matters.
How COVID-19 is Affecting Employment Drug Testing For companies that drug test employees in normal times, the COVID-19 pandemic presents some challenges. The act of drug testing itself raises questions about safety, personal protective 18 | FALL 2020
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equipment and social distancing. Fortunately, most drug tests are performed in health care clinics which are well prepared to manage these risks. Most drug testing locations remain open, but employees need to be prepared to come in wearing masks and follow strict social distancing protocols. The tests themselves have not changed, but the employee may sit further away from the technician when doing the paperwork. Collection sites should be sanitized in accordance with OSHA guidelines, and these safety precautions should be clearly communicated to employees so they’re aware of what measures are being taken to protect their safety.
Drug Testing Remote Workers Because of the sudden and dramatic shift to remote work, there is clearly a risk of increased drug and alcohol use for people who are not used to being home all the time. The increased economic and health-related strain, combined with the closure of most social gathering places has led to a 55% rise in alcohol consumption compared to the same time last year. Drug use may be increasing as well for the same reasons. Therefore, it’s crucial that companies continue to follow their regular drug testing guidelines, to make sure that stress-related consumption doesn’t impact their workplace.
Drug testing remote employees who suddenly find it harder to resist using drugs presents the likelihood that staff may push back. To clear up misconceptions, employers should restate to WFH staff any regulations that govern their industry. They should also remind staff that their drug and alcohol policy remains in effect during any WFH period. It should be extremely clear to employees what the company policy is, as well as the consequences for non-compliance.
DOT Drug Testing during COVID-19 Fortunately, companies that test their employees according to governmental regulations aren’t navigating this alone. Government agencies like the Department of Transportation have recently put out updated guidelines for DOT drug testing during COVID-19. DOT guidance advises companies, employees, and service agents about what to do if random drug and alcohol testing is unable to take place, as well as the protocol for how to document situations where a test has been delayed or refused because of health concerns related to COVID-19. It is not unreasonable to imagine that an employee who has a chronic disease or is in a higher risk category
for COVID-19 may be unwilling to go to a lab or break social distance guidelines in order to submit a breathalyzer or urine sample. If this happens, it is a good idea for employers – even non-DOT companies – to refer to these well-thought out protocols to guide their response.
or not the employee’s actions should be considered a refusal.”
Determining whether an employee refuses a test or simply leaves a collection site for valid reasons is always a tricky area for employers, and the pandemic only makes it more complicated. DOT’s guidance with respect to refusals, however, is substantially unchanged: “It is the employer’s responsibility to evaluate the circumstances of the employee’s refusal to test and determine whether
Drug Testing Furloughed Employees
Keep in mind that staff who are laid off for a period of more than three weeks may be required to get a pre-employment DOT drug test when returning to work, as if they were a new hire. Employees who are put on furlough cannot be tested by the employer while they are not working. However, when employees are brought back after being furloughed for a month or month or more, they are often treated like new hires. Most companies, in fact, ensure that their employee
reinstatment process includes all of the usual onboarding requirements, pre-employment drug testing among them. Everyone hopes that the economy returns to normal in a rapid fashion. Nevertheless, it is important that companies – and the people they hire – understand what is at stake. Despite the fact that vastly more people are working remotely and/or being furloughed or outright laid off, it is clear that one thing has not changed in corporate America: drug use is still not tolerated, and if you want a job, you are going to get tested. Jared Rosenthal is the Founder and CEO of Health Street.
Calling All Future Leaders: FTA 2.0 Class of 2021-2022 Applications and nominations for the 2021-2022 2.0 Leadership Class can be found on the FTA website and are due to Alix by February 15, 2021. The new class will be inducted into the program during our Spring Conference event. Questions? You can contact Stephanie, Ryan or Alix anytime.
The leadership class of the 2019-2020 FTA 2.0 was inducted into the group at the Fall Round-Up in Lake Mary in 2019. Since then, the group has gathered together socially and professionally, to hone their skills and knowledge to serve as future leaders of the trucking industry. The current class has participated in discussions and meetings on public policy, the economy, technology, politics and community engagement—led by giants in their respective fields. Co-chairs Stephanie Slivanik and Ryan Walpole, along with FTA leadership, made the decision to extend the leadership class’ term through the Spring of 2021, to ensure members continue to receive training and prepare their legacy project. In doing so, the 2019-2020/1 class has been convening via Zoom during the summer and fall. J.W. Taylor of Taylor & Associates led an animated discussion focused on legal issues the industry faces; Rep. Jayer Williamson, who represents the third district in the Florida Panhandle, shared his insights about workforce education and developing a talent pipeline; and soon, a PR 101/Media Training call with Anna Farrar, Senior Public Affairs and Communications Director for Converge GPS. So what’s next? We’re calling on all FTA member companies to take a look around: identify your future leaders and nominate them for the 2.0 Class of 2021-2022
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MOVES AND NEWS
Update on people and places in the FTA membership
Guests visiting any Pilot and Flying J travel centers and One9 Fuel Network stores through Dec. 31 can opt to round-up purchases to the nearest whole dollar and donate the additional amount to Wreaths Across America. The funds raised will support Wreaths Across America’s goal to place more than 2.2 million wreaths in all 50 states to remember and honor fallen soldiers during the holidays. Saddle Creek Logistics Services was named for the fifth consecutive year by Inbound Logistics to their annual list of Top 100 Truckers for 2020. Southern Glazer’s Wine & Spirits was awarded the 2020 George W. Harris, Jr. Economic Development – Success in Large Business award. The award, given to companies with at least 100 employees, was named for George Harris, a former CFDC chairman and president of Citrus & Chemical Bank and honors businesses based on community service, commitment to growth in 20 | FALL 2020
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compliance, bad faith sanctions, and advanced dispute resolution, including both federal and administrative appeals.
Elizabeth M. Slattery
business, economic stability and promotion of free enterprise. Taylor & Associates continues to expand its agriculture and perishables practice with the addition of attorney Elizabeth M. Slattery. Elle brings clients specialized knowledge and practical skills on preservation of PACA rights, licensing procedural
Lytx announced the availability of new artificial intelligence (AI)powered features that support driver safety and empower driver self-correction. The new features enable fleets to identify distracted driving events and duration without video and include new capabilities that include an inattentive trigger, in-cab alerts and behavior duration reporting. Carroll Fulmer Logistics Corporation recently held their Annual Golf outing. “The Carroll and Barbara Fulmer Charity Golf Classic plays a big role in FAITH Neighborhood Center’s ability to help all those who seek food,” said Executive Director of FAITH Neighborhood Center, Trish Kry. “Currently we are serving 2,000-2,500 families (around 6,000 individuals).”
Southern Glazer’s receiving the Harris Award
Carroll Fulmer is proud to announce the following recognitions for its employees: Bobby Edney was awarded the Highway Angel Award from TCA; David Adams received a two million safe driving miles award; CF third quarter awards to company driver James Luckey and owner operator Richard Perry. PrePass Safety Alliance recently completed work extending the PrePass safety ALERTS™ across all 48 contiguous states. Motor carriers and commercial vehicle compliance agencies now benefit from nearly 2,800 ALERTS that appear in-cab on the PrePass MOTION weigh station bypass application. Cumberland International Trucks, Inc. of Nashville, TN, has officially acquired Maudlin International Trucks, LLC of Florida. The acquisition brings with it a lineup of outstanding employees and six additional locations that serve Central and Northeast Florida.
Terry Minor of Cumberland and John Maudlin
With this expansion comes the opportunity to bring the Cumberland’s C10 to a new market. The C10 was designed as the prototype fuel-efficient truck. It was designed with one goal in mind;
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MOVES AND NEWS moving into the new building, and its PacLease rental and lease division also will relocate there. Quality Distribution was proud to assist with DHSMV and Attorney General Ashley Moody on their “Highway Heroes” initiative, which reaches out to 500,000 CDL holders in Florida, encouraging them to become trained with Truckers Against Trafficking. Quality Distribution provided a truck and driver for the PSA which has been posted across social media channels and on television. Dan Cook
develop, build and sell a truck capable of achieving 10 miles per gallon fuel economy. Dan Cook, Principal & Practice Leader at TrueNorth Companies, has become Chairman of the ATA Tort Reform Steering Committee. The committee advises and supports ATA’s efforts to bring about litigation reform at both the state and national level. Cummins launched its Environmental Protection Agency (EPA) 2021 emissions compliant X12 and X15 series engines. These heavy-duty diesel engines from Cummins were built upon the proven architecture of their EPA 2017 versions and are designed for customers running Class 8 trucks in the North American on-highway market. Jacksonville-based 925 Partners Insurance Agency has hired Katie Polk as their Transportation Division Director. Katie most recently served as a Senior Account Manager at Reliance Partners in Chattanooga, TN. Katie will oversee all motor carrier and freight brokerage accounts at 925 Partners. Kenworth of Jacksonville, Inc., bought a West Jacksonville property to develop a truck sales and service center to replace a smaller site nearby. The 53,000-square-foot center will offer 28 bays and be completed in midsummer 2021. The facility will double the size of its parts inventory
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Ryder System announced the launch of its new fully responsive, mobilefriendly, used vehicle sales website, ryder.com/used-trucks. The new site includes an expanded inventory of used vehicles, enhanced search tools, and new innovative features to make it easier for customers to locate the best pre-owned vehicle near their business to meet their needs. Smith Transportation Services, LLC, is excited to announce the appointment of Jonathan Adams to its industry-leading management team as Chief Executive Officer. Mr. Adams has
spent his entire 25-year career in the Transportation & Logistics industry as an investment banker, strategic advisor, board member, operational leader, and consultant. He has previously led the Transportation & Logistics Advisory Teams at Houlihan Lokey, Sterne Agee & Leach, and Deloitte. Adams also served as President and Chief Executive Officer of SeaCo Ltd. The Stageline Company, affiliated with Postal Fleet Services, received the 2019 Supplier Excellence Award from the USPS. The award is given for extraordinary contract compliance, exceptional quality in service and on-time delivery performance. Sharecare Health Data Services announces a new service offering called Dynamic Data Insights. Dynamic Data Insights utilizes OCR (Optical Character Recognition) and AI (Artificial Intelligence) driven technologies which transforms unstructured medical data into a structured, chronologized, hyperlinked key word/term, searchable PDF “smart record.”
2020 Elections Recap By Chris Dudley The 2020 election cycle proved to be one of the most expensive, contentious and competitive elections in our history. Like the 2000 election, the country woke up on the day after November 3 unsure who would become President of the United States in January. The story in Florida, however, was much different. Twenty years after being the punching bag of the entire world, Florida became the class Valedictorian on election efficiency in 2020. From every corner of our state, it was a huge Republican wave in Florida. Not only did President Trump win big (from a 110,000 margin of victory in 2016 to a 375,000 margin in 2020), the Republican leadership of the
Florida Senate and the Florida House had big wins as well.
and former trucking company CEO, Lauren Melo, from Naples.
In the Florida Senate, incoming Senate President Wilton Simpson returned every Republican incumbent, won two competitive open Senate seats in South Miami and Central Florida, and defeated a Democrat incumbent Senator with newly elected Senator Ileana Garcia of Miami. President Simpson will lead a 24-16 Republican majority Senate for the 2020-22 term.
No county had a bigger impact on the outcome of the November 3rd election night than MiamiDade. In addition to gains made in both the House and Senate, the people of Miami-Dade defeated two incumbent members of Congress with Republican Miami-Dade Mayor Carlos Gimenez defeating Debbie MucarselPowell and Republican Maria Salazar defeating Donna Shalala. The Florida Congressional Delegation now stands at 16 Republicans and 11 Democrats in the United States House of Representatives.
Our FTA-PAC efforts for President Simpson were the most in the history of our Association, and every member we supported will return to the Senate for the next two years. In the Florida House, incoming Speaker of the House Chris Sprowls declared the 2020 election cycle, “The Year of the House.” And Speaker Sprowls delivered on that promise. On election night, Speaker Sprowls returned every single Republican incumbent and captured five new Republican seats in the Florida House. Speaker Sprowls will lead a 78-42 Republican majority House for the 2020-22 term. Again, our FTA-PAC efforts for Speaker Sprowls were the most in the history of our Association. Every member we supported won on election night, including newcomer
While former Vice President Joe Biden has been projected to be the winner of the 2020 election, our efforts in Florida turn to the March 2, 2021 start of the 60-day regular legislative session. Members of the House and Senate will return to Tallahassee on November 17th for a one-day Organizational Session. This is a day to formally elect the presiding officers and to swear-in the new members of the Florida Legislature. Committee meetings will begin in January. Chris Dudley is a Partner at The Southern Group and has been “our guy” for 15 years.
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Q+A with Jake Severit
Jake Severit is the Publix Transportation Business Manager and works for Publix Transportation Business Development. He is an active member of FTA and puts in many volunteer hours for our Association. He’s also a great shot!
What drew you to start working at Publix Super Markets? As a kid growing up in Lakeland, Florida, Publix was the place you wanted to work, especially a truck driver, or store manager. Fast forwarding 30 years, I better understand how great a company Publix really is and what we do for the communities we serve.
If you could spend a month anywhere in the world, where would it be?
United States Marine. It was very demanding; however, it taught me a lot about life and core values.
Alaska. I love being outdoors. I really want to get on one of those crews you see on TV who mine gold.
Best advice you have ever received during your career?
Favorite dessert? Any type of homemade cobbler, especially peach
P.S. Publix is still a great place to be a truck driver.
Your preferred pizza toppings?
What was your first job?
One product at Publix that you can’t live without?
A busboy at Texas Cattle Company steak house in downtown Lakeland, was my first job. It was a fun job, and I also learned a lot about steak along the way. What’s the most important characteristic to have to be successful in the trucking/ transportation industry? Our industry is constantly evolving. I would have to say for me the most important characteristics are being open-minded and loyal to our drivers, staff and partners. What we did in the past may not get us where we need to be in the future.
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Extra cheese and Jalapeno
Our Publix Deli hot and spicy chicken wings, they really make college football days complete - “Roll tide!” What do you like to do on your days off? I love to spend time with my amazing wife, Kara, and the kids. We love to go boating or hanging by the pool. What are you most proud of that you have done in your life? As far as an accomplishment, I am most proud of serving as a
I have two best pieces of advice that I really think about daily. The first I heard early on as I began moving up in leadership. “It’s only lonely at the top if you don’t bring others with you”. This one is very important to me as all great organizations have one thing in common, great teams. Great accomplishments are never achieved by yourself, it takes others. The second is a Mr. George quote (George Jenkins founder of Publix Super Markets), “Begin, the rest is easy.” I tell myself this at times as it takes courage to try new things. What sports/extra-curricular activities do you participate in? Farming/Gardening. I’m really trying to get my yard to be an edible landscape. I also love to watch my kids play sports, primarily soccer and football.
Knowledge is Power Not All Trucking Companies Are Alike Trucking is all we do. When you choose Great West Casualty Company to insure your trucking business, you are getting over 60 years of experience serving the trucking industry.
800.228.8602
gwccnet.com
Our agents work with you. We selectively choose agents with a keen focus on the trucking industry. Our agents are knowledgeable, dependable, and responsive. They understand your needs and work with you to match the right coverage and level of service for your trucking operation. Do one thing, and do it right. Our agents can guide you through the process and customize a plan to provide you the broadest protection possible. You can be confident knowing that our service begins, not ends, with the issuance of your policy. Great West Casualty Company â&#x20AC;&#x201C; No matter where the road takes you, you will discover that at Great West, The Difference is ServiceÂŽ.
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We have Florida covered with new dealerships in Tallahassee and Ft. Lauderdale. With 11 locations in Florida and 18 across the Southeast, we are focused on one thing -- keeping you moving forward.
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