Florida Truck News - Spring 2022

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Spring 2022

Is Your Fleet Protected from Cyberattacks?

The Official Publication of Florida Trucking Association


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TABLE OF CONTENTS 4 | Is Your Fleet Protected from Cyberattacks? By Holly Brooks Cyberattacks continue to make headlines. Many free cybersecurity resources are available to help fleet owners stay protected.

SPRING 2022 DEPARTMENTS President’s Message

3

Trucking Day at the Capitol

8

Know Your Florida Legislator: Rep. Melony Bell

6

Florida’s Private and Public Sectors Work 12 Together to Address Truck Driver Shortage 22

Moves and News

8

FEATURES

1028

Is Your Fleet Protected from Cyberattacks?

4

The Diesel Technician Shortage: It’s Time to Change the Conversation

14

Fight Human Trafficking, Together

16

FTA Partners with AmFed

20

INDUSTRY INSIDER

12

2022 Florida Legislative Session Recap

10

Motor Carrier Cargo Damage and Loss Claims Under the Carmack Amendment

18

22

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SPRING 2022 | 1


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VOLUME 81, NUMBER 1 • 2022 STAFF: President and CEO, Alix Miller alix@floridatrucking.org

ALIX MILLER, PH.D.

Vice President of Operations, Brian Nerland

PRESIDENT AND CEO, FLORIDA TRUCKING ASSOCIATION

brian@floridatrucking.org Director of Communications, Holly Brooks holly@floridatrucking.org Director of Member Services, Chris Heil chris@floridatrucking.org Special Projects, Dot Butler dot@floridatrucking.org PUBLISHED BY:

President’s Message Several years ago, there was a push at FTA for 500 members. A powerhouse of leaders coming together to fight with a singular voice. We’re not quite to 500 yet, but we sure are going to try. Because a larger membership means we can be more influential. It means FTA can promote and protect the industry better. Or does it? Being a member of FTA is not just about the numbers. Being a member of FTA is about connecting, engaging and mobilizing. Learning from colleagues and working together to move the industry forward.

350 E. College Ave. Tallahassee, FL 32301 www.floridatrucking.org EDITORIAL Editor: Holly Brooks ADVERTISING Sales: Holly Brooks DESIGN & LAYOUT Art Director: Jeremy Ashmore Copyright - 2022 Florida Trucking Association. The contents of this publication may not be reproduced by any means, in whole or in part,

And yes, showing up. We’ve been putting together some great new programs for our members. We’ve got content experts offering webinars, regional meetings to decrease travel time and expenses for members, and, of course, our renowned Truck Driving Championships and conferences. And, as I write this during the final hours of the 2022 legislative session, we’re already pivoting to 2023. We’ll be reaching out to you for support of our events and our PAC. We’ll need your political power and local relationships during this critical time. You’ll get the most out of your membership by participating. So, we look forward to hearing from and seeing you in the near future. And if you have any questions at all—FTA HQ is always ready to assist and make your membership more valuable.

without the prior written consent of FTA. For subscription information, please contact FTA at 850-222-9900. Postmaster: Address changes to Florida Trucking Association, 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.

FLORIDA TRUCK NEWS

SPRING 2022 | 3


Is Your Fleet Protected from Cyberattacks?

By Holly Brooks In March 2020, professionals in the trucking industry had a front row seat to the wave of panic buying that swept across the U.S. in response to the pandemic. For weeks, store shelves were depleted of toilet paper, paper towels, and hand sanitizer. Fast forward a year later to May 2021, and the all-too-familiar feeling of consumer panic set in again – only this time, it was hitting fuel stations across Florida. Long lines of cars wrapped around station lots waiting for gasoline, with skyrocketing demand causing some gas pumps to remain empty for days. The cause? A ransomware attack on Colonial Pipeline, a major oil pipeline system that supplies about 45% of all fuel consumed on the East Coast. Despite Florida not being heavily dependent on the pipeline, panic buying and increased demand still led to fuel outages across the state. The Cybersecurity and Infrastructure Security Agency (CISA) – which operates under the U.S. Department of Homeland Security and helps protect the nation’s cyber and physical 4 | SPRING 2022

infrastructure – says they have seen an increasing rate of cybersecurity incidents reported annually. “Our partners with the FBI’s Internet Crimes Complaint Center received nearly 800,000 complaints of cyber incidents in 2020, a 69% increase from the previous year,” said Jason Burt, CISA’s Cybersecurity Advisor for the State of Florida. “Ransomware remains the fastest growing cybercrime with ransom demands in 2020 exceeding $1.4 billion dollars in the U.S.” Colonial Pipeline paid the hackers, who were part of a cybercrime group linked to Russia, a $4.4 million ransom soon after the hack – $2.3 million of which was later recovered by the U.S. Department of Justice. Russia’s attack on Ukraine, which has involved cyberattacks on Ukrainian government and critical infrastructure organizations, has brought conversations about cybersecurity to the forefront once again.

Free Federal Resources CISA works with private sector partners, including trucking companies, to carry out its mission to understand, manage, and reduce risk to cyber and

FLORIDA TRUCK NEWS

physical infrastructure. Their services come at no cost to the receiving organization, and participating companies can rest assured their information will be kept confidential. “Confidentiality is one of our highest priorities in our work,” explained Kirby Wedekind, CISA’s Protective Security Advisor for Northeast Florida. “The Critical Infrastructure Information Act of 2002 protects private sector infrastructure information voluntarily shared with the government for the purposes of homeland security.” The following are just some of CISA’s free cybersecurity services for private sector industries: Tabletop Exercises: CISA can assist companies with conducting their own tabletop exercises – sessions during which team members discuss their roles and responses in an emergency – by providing tools, scenarios, question sets, and guidance. Vulnerability Scanning: Helps secure internet-facing systems from weak configuration and known vulnerabilities to encourage the adoption of


COVER STORY: Is Your Fleet Protected From Cyberattacks? <

modern security best practices. Through this largely automated service, CISA performs regular network and vulnerability scans and compiles that information in a weekly report highlighting areas where businesses and critical infrastructure operators can improve their overall cybersecurity posture. Malware Analysis: Provides an analysis of malicious code, including recommendations for malware removal and recovery activities. Cyber Resilience Review: An assessment that evaluates an organization’s operational resilience and cybersecurity practices. Phishing Campaign Assessment: A six-week assessment that evaluates an organization’s susceptibility and reaction to phishing emails, which are fraudulent emails designed to trick people into falling for a scam. Posture and Exposure Evaluation: An analysis that helps organizations monitor and evaluate their cyber posture weaknesses found in public source information that is readily available to an attacker. In addition to these services, CISA’s website (cisa.gov) has an abundance of cybersecurity information, including alerts and tips.

the nation, to utilize resources and request assistance via CISA’s website. The timeline associated with CISA’s services depends on the type of service requested. “Having a conversation or two with our Cybersecurity Advisors can help companies determine which services best fit their need, which will give a clearer picture about the associated timeline,” said Wedekind. Companies are encouraged to report cybersecurity incidents to CISA at cisa.gov/uscert/report or to the FBI’s Internet Crime Complaint Center (IC3) via IC3.gov.

Back to Basics Perhaps the most notable – and concerning – takeaway from the Colonial Pipeline cyberattack was the root cause: a single stolen password. According to a cybersecurity firm that worked with Colonial Pipeline following the breach, hackers were able to log in to an employee’s virtual private network (VPN) account. While it’s not certain how the attackers obtained the login credentials, the employee may have used the same password on a different account that was previously hacked. On top of that, the VPN did not use multifactor authentication, a security method requiring users to provide two or more pieces of information to gain access to a system.

Take Action

Outside of free federal services, there are several basic cybersecurity best practices that companies can implement to protect themselves:

The first step a company can take toward receiving CISA’s services is to connect with the CISA Region 4 Office – which serves Florida and other states across the Southeast – by emailing CISARegion4@cisa.dhs. gov. Companies may also reach out to any of CISA’s Cybersecurity Advisors or Protective Security Advisors, who are stationed in every state across

Practice Good Password Hygiene: Require your employees to use a password with 10 or more characters that includes at least one uppercase letter, one lowercase letter, and a number. Discourage reusing passwords across websites. Providing a password management tool for employees can help prevent password reuse.

Use Multifactor Authentication (MFA): Double your protection by enabling multifactor authentication on all systems. Keep Your Software Updated: Make sure your operating system and software remain updated with the latest security patches. Security patches are issued by software companies to address vulnerabilities discovered in the software. Educate Employees: Raise awareness among employees about the risks of suspicious links and attachments by implementing user training and phishing exercises. Maintain Data Backups: Cybersecurity experts recommend using the 3-2-1 backup rule – maintain three backup copies of your data, use two different storage media for the backups, and keep one copy of the data off-site. Have a Plan: Create, maintain, and exercise a basic cyber incident response plan and associated communications plan that includes response and notification procedures for a ransomware incident.

Conclusion As a critical part of the nation’s supply chain, trucking companies of all sizes should take steps to prevent, protect against, and mitigate consequences of cyber incidents. “Cyberattacks are a growing threat for all businesses, regardless of the size,” said Burt. “In fact, small businesses often make attractive targets because they can lack the security infrastructure of larger businesses.” Implementing cybersecurity best practices and utilizing the free resources and services available from the federal government are starting points to keep your fleet protected.

FLORIDA TRUCK NEWS

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Know Your Florida Legislator: Rep. Melony Bell Florida Rep. Melony M. Bell, who represents the 56th District, has been a public servant for many years. She began her career working for the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) as an auditor, where she dedicated 30 years of service thereafter. Rep. Bell has always considered her career with the FLHSMV to have been a privilege. “I didn’t have an agenda; I just worked for the state and loved my job,” she recalls. She continued about how her time with the Department influenced her political aspirations and career. “I was very fortunate to have a great job, where I was working closely with Florida Highway Patrol as well, and I remember thinking that I would like to go Tallahassee. I wanted to have a deeper understanding of the rules I helped enforce. So, it was always a vision of mine to run for office and approach Tallahassee from a state employee’s perspective.” Rep. Bell worked as a part of the Florida Highway Patrol’s Cargo Theft Task Force, under the Bureau of Criminal Investigations and Intelligence, helping recover stolen trucks. Rep. Bell knew to make that vision a reality, she needed to dive further into a career in public office. She started her political career in 1996, being elected as City Commissioner and Mayor of Fort Meade. In 2010, she started her tenure as Polk County Commissioner, where she served for eight years, before being elected to the Florida House of Representatives in 2018. Outside of public office, Rep. Bell is actively involved in her community. She has served more than 25 years with Heartland Crime Stoppers, 6 | SPRING 2022

working closely with law enforcement to solve crime with the help of the community. She has been deeply connected to her district for the duration of her career, serving as a reading PAL for kindergarten students; a board member for BayCare Hospital Bartow, the Bartow Economic Development Committee,

and the Women’s Club; and is a member of HELP Fort Meade and the Fort Meade High School Student Advisory Committee. Representing a rural area of our state, Rep. Bell understands the importance of trucking to Florida’s economy. She is dedicated to supporting Florida’s professional truck drivers, and as such is a co-sponsor of HB 915, Commercial Motor Vehicle Registration. HB 915 extends the validity of an IRP-issued license plate to three years and accounts that, should a license plate need to be replaced due to wear or damage before its three-year expiration, it may be done at no cost to the driver. Being a business

FLORIDA TRUCK NEWS

owner, Rep. Bell sees the value in less regulated business sanctions and supports fewer regulatory fees for the trucking industry. She also has a personal relationship with trucking beyond her years working with FLHSMV. She and her husband, Robbie Bell, are the owners of Bell Apiaries. Robbie is a secondgeneration beekeeper, and the entire Bell family is passionate about the production of honey and the protection of honeybees, both of which pollination is the key to. The trucking industry plays a surprisingly large role in the pollination industry: The bees at Bell Apiaries travel as far as California during pollination season, and they are currently in California pollinating the large almond crop. Outside of managing a successful business and legislating in office, Rep. Bell is a woman dedicated to her family. She and her husband met during their time at Fort Meade High School. The two have been high school sweethearts since and have been married for 41 years. Rep. Bell and Robbie have three children: Ashley Bell Barnett, Laura Prazdnicāne, and Whitney Bell; and two grandchildren: Raleigh and Birdie Bell Barnett. Rep. Bell has had many notable positions in her career, but her role as “Bella” to her grandchildren has been the most special. Rep. Bell still feels humbled to be serving in her office to this day. “I felt privileged when I was elected to state office in 2018 and have been moved by the continued support of my constituents. I am so grateful to my district for trusting me with such an esteemed responsibility, and I am committed to serving and advocating for my constituents.”


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SPRING 2022 | 7


2022 Trucking Day at the Capitol

FTA leadership and members in the Capitol Courtyard

FTA members convened in Tallahassee during the second week of Florida’s legislative session for Trucking Day at the Capitol. On Jan. 18, the event unofficially began as the 2.0 Leadership Class participated in an advocacy training session and extended meetings with young state legislators, including Rep. Fiona McFarland, Rep. Fentrice Driskell, and Rep. Alex Andrade. That was followed by a tabletop exercise at the Florida Division of Emergency Management’s (FDEM) State Emergency Operations Center. During the discussion-based session, FTA members reviewed their roles and responses in emergency scenarios conducted with FDEM staff and Florida Highway Patrol. The exercises reinforced FTA’s strong partnership with state agencies and law enforcement by providing an open forum for the exchange of information and ideas. An FTA Board of Directors

8 | SPRING 2022

FLORIDA TRUCK NEWS

meeting and the FTA Legislative Reception rounded out the day. On Jan. 19, Trucking Day at the Capitol began at dawn as five Florida Road Team members – Eddie Moody (Werner Enterprises), Tommy Forrest (FedEx Freight), David Swierenga (FedEx Freight), George Moore (UPS), and Fred Combs (Walmart Transportation) – gathered in the Capitol Courtyard to prepare for the event. A Walmart tractor-trailer and an Oakley tanker truck were expertly maneuvered through the courtyard and parked in front of the Historic Capitol and House Office Building respectively. As ambassadors of the truck driving profession and FTA’s Share the Road program, Road Team members were stationed near the trucks and in the Rotunda to share information with state legislators and the public on the importance of highway safety and the trucking industry.

Meanwhile, executives from FTA member companies prepared for a series of legislator meetings. The morning kicked off with a breakfast program, sponsored by Harrell’s, where members heard briefings from Senate President Wilton Simpson, Sen. Ed Hooper, and Jay Levenstein, Chief of the Bureau of Commercial Vehicle and Driver Services at the Florida Department of Highway Safety and Motor Vehicles. Over the course of the day, FTA members had meetings with more than 20 state lawmakers and agency leaders where we could tell our story. “Trucking Day at the Capitol reminds lawmakers and the public how critical the trucking industry is to the supply chain and our everyday lives,” said FTA President and CEO Alix Miller. “It’s an opportunity for professional drivers and company leaders to communicate with lawmakers and the public as one unified voice.”


Florida Road Team members

FTA members with Rep. Kaylee Tuck (second from left)

FTA and Florida Highway Patrol in the Capitol Rotunda

Rep. Alex Andrade with the 2.0 Leadership Class

Tabletop exercise at the State Emergency Operations Center

The Florida Capitol

Trucks stationed in the Capitol Courtyard FLORIDA TRUCK NEWS

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2022 Legislative Session Recap By Chris Dudley The 2022 regular legislative session officially adjourned on March 14. The biggest issue on the plates of the Florida Legislature was the requirement to redraw all 120 House seats, all 40 Senate seats, and 28 new Congressional seats. Due to the population growth in Florida as documented by the 2020 census, Florida earned an additional Congressional seat. Because of redistricting, all 160 seats of the Florida Legislature will be on the November 2022 general election ballot. They will be joined by all 28 Congressional seats, one U.S. Senate seat, the Governor, Attorney General, Chief Financial Officer, and Commissioner of Agriculture. The Legislature also passed a historic $112 billion state budget, which includes a record $8.9 billion in reserves and record investments in public education, transportation, and environmental conservation efforts. The state budget also fully funds the Department of Transportation’s Five-Year Work Program. No funds were swept from the trust fund this year. For our friends at the Florida Highway Patrol - Commercial Vehicle Enforcement, the budget provides pay raises and 10 | SPRING 2022

bonuses to Troopers to encourage recruitment and retention in their ranks. It was a fantastic year for some major priorities of FTA – notably changes to the International Registration plate process and an investment in recruitment of drivers and technicians. HB 915, sponsored by State Rep. Lauren Melo (R-Naples), and SB 1582, sponsored by State Sen. Gayle Harrell (R-Palm City), unanimously passed both the House and Senate and is now on its way to the Governor for final approval. Under the new law, beginning on July 1, 2024, International Registration plates will now be issued for three years. Annual registration will continue to provide for payment of the apportioned fees and cab card, but the physical license plates will only have to be replaced every three years. This new provision will coincide with the full implementation of the state’s Motorist Modernization project, which will streamline driver license and vehicle registration systems to serve Florida’s growing population. For our FTA members, and the 57,000 current IRP plate holders in the state, this was a great win. For the first time ever, FTA was also successful in securing a state appropriation of $225,000 to

FLORIDA TRUCK NEWS

implement a “Trucking Industry Recruitment and Public Safety Campaign.” In partnership with the Department of Economic Opportunity, this new appropriation – currently awaiting the Governor’s review – will allow FTA to create a media and public relations campaign around driver and technician recruitment. It will also include outreach opportunities to promote safety technologies in the industry, as well as a significant expansion of FTA’s Share the Road public awareness program. Since the program’s inception in 1996, approximately 150,000 students across the state have been educated by the Florida Road Team on safe driving techniques and how to safely share the road with trucks. With the completion of the 2022 session, the focus now turns to the 2022 election cycle and the incoming leadership of Senate President-Designate Kathleen Passidomo (R-Naples) and House Speaker-Designate Paul Renner (R-Palm Coast). This is a critical time for FTA to form relationships with the future leaders of the Florida Legislature who will make decisions impacting our industry for years to come. Chris Dudley is a Partner at The Southern Group.


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Florida’s Private and Public Sectors Work Together to Address Truck Driver Shortage

FTA recently partnered with FleetForce Truck Driving School to launch a new Pre-hire Program.

Florida’s private and public sector organizations are stepping up to address the shortage of professional truck drivers. Last fall, FTA and FleetForce Truck Driving School announced the launch of a Prehire Program that will make the vocational pipeline more efficient and accessible for students. A group of commercial trucking companies that are FTA members are offering fully paid tuition at FleetForce for those looking to obtain a commercial driver’s license (CDL) and begin a career as a truck driver. In addition to covering the tuition costs, these companies have jobs waiting once students obtain their CDL and, in some cases, are offering sign-on bonuses and paying students while they attend training. Greater demands on the supply chain – combined with more truck drivers retiring in recent years – have created an urgency to recruit new drivers nationwide. However, a barrier for many potential drivers 12 | SPRING 2022

FleetForce owner and president Tra Williams with students

is the cost of CDL training and testing, roughly $6,500 for a four-week course, which is either paid out of pocket or through grants. As a result, aspiring drivers often delay entering the program or seek other employment opportunities. “FTA is always looking for creative solutions to solve industry challenges,” said FTA President and CEO Alix Miller.

FLORIDA TRUCK NEWS

“The driver shortage limits capacity for trucking companies, and directly impacts the economy and Floridians’ daily lives. This collaboration matches some of the most well-respected companies in the state with welltrained drivers, eager to get on the road.” As part of this program, FleetForce will conduct the pre-hire screening


Gov.

Gov. Ron DeSantis during a press conference announcing $2.3 million in funding to support rapid credentialing workforce and education programs, including CDL training

FleetForce Truck

and training programs to more than $3.5 billion since 2019.

Florida HIRES press conference at the Historic Capitol

to ensure applicants meet the qualifications and criteria necessary to enter the training and obtain employment. Since the program’s launch, about 5,000 aspiring drivers have applied. As of early March, about 150 program graduates have gone on to become professional drivers for FTA member companies. _______________________________

the Florida Helping Inmates Realize Employment Success (HIRES) program, a pre-release career pathway to employment for returning citizens including nearly 30 new professional truck drivers. Florida HIRES has provided pre-release career readiness training to 350 incarcerated individuals since August 2019. _______________________________

FTA is also involved in other initiatives with state agencies to help grow the trucking workforce. In February, Miller and FleetForce joined Florida Ready to Work, CareerSource Florida, and the Florida Department of Corrections for a press conference highlighting

Gov. Ron DeSantis has been a champion of workforce education programs in Florida since taking office in 2019. In February, he announced $89 million in funding for workforce education initiatives, bringing the state’s total investment in workforce education

The Governor also recently awarded $6 million to the City of Tavares for constructing a new workforce training center, which will include training programs for diesel technicians – as well as $3.1 million to Florida State College at Jacksonville and $2.3 million to six institutions across the state to support Commercial Driver’s License training programs. FTA member companies AGX Freight, Carroll Fulmer Logistics Corporation,and Rowland Transportation were part of three press conferences hosted by the Governor last fall that highlighted the trucking industry. ________________________________ FDOT, CareerSource Florida, and FTA drafted a white paper to develop new state funding for professional truck driver training programs, as well as improve efficiencies in the vocational pipeline, to ensure safe drivers are identified and start training quickly. These recommendations leverage the strong relationships between the private and public sector, and recognize the strength of FTA and its members as the preeminent voice of trucking in the state and the largest employer in the transportation sector.

FLORIDA TRUCK NEWS

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The Diesel Technician Shortage: It’s Time to Change the Conversation By Tim Spurlock The great “Mad Men” character, Don Draper, once said, “Let’s say that change is neither good nor bad. It simply is. It can be greeted with terror, or joy. A tantrum that says ‘I want it the way it was.’ Or a dance that says ‘Look! Something new!’” Every episode in the seven-season run of “Mad Men” contains nuggets appropriate for life and business. Draper’s musings serve as a blueprint for solving one of the most significant challenges for transportation and logistics companies. Change. Complete systematic change is required to fix the mangled diesel technician pipeline. I’ve lived the diesel technician shortage for 15 years as somewhat of an outsider. My background is in educational publishing and technology focused on skilled trades. But being an outsider has allowed me to observe without preconceptions. I’ve studied and written extensively about the shortage and its challenges. I’ve visited non-profit and for-profit diesel programs in more than 30 states. I’ve talked to instructors, students, and administrators. I’ve met with CEOs who run publicly traded companies focused on skilled trades training. I’ve met with decision-makers of some of the largest transportation companies in the world. I started a company to target and rapidly develop technician talent for transportation companies. Our approach was radical. We threw out the last 40 years of conventional educational wisdom and built a program based on industry needs. Not some curriculum review board’s directives. It worked. Kevin Fleming, Ph.D., is Vice President at Norco Community College in California and a self-proclaimed “recovering academic.” Fleming says it best in his YouTube project, “Success in the New Economy”: “We’ve transitioned from asking, ‘What knowledge and skills do you need to be employable?’ to ‘Where are you going to college?’” In some cases, this starts as early as elementary school. 14 | SPRING 2022

The college for all mentality has impacted two generations of American talent. U.S. students have racked up close to $2 trillion of student loan debt. This well-intended mass enthusiasm is primarily the culprit for this behavior. It has also robbed millions of outstanding, fulfilling careers. Careers they never even considered while in high school. In the ultimate sad irony, the college for all mentality, combined with our antiquated and ineffective postsecondary educational system, excludes the people who need it the most: The working poor, minorities, and rural Americans. It deprives the economy of builders, fixers, producers, and problem solvers. These would be your future employees. It impedes business expansion, suppresses wages, and stifles productivity. It crushes opportunity. • Postings for diesel technicians on Indeed.com have increased 450% since Feb. 2018. On Feb. 10, 2022, there were more than 55,000 diesel technician listings. This is a record number of postings. • Post-secondary enrollments in diesel technology are at an all-time low and have declined 26% since 2018, according to the U.S. Department of Education. • U.S. schools produce roughly 4,000 graduates a year. That’s 5% of the total amount of technicians needed.

[Use photo: Jaden] Jaden

Meet Jaden. A few months ago, Jaden worked in a fast-food job. He had no choice but to work to support himself. College wasn’t even an option. It is expensive and takes years to complete.

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John (left) with the article author, Tim Spurlock

John enrolled in college on a wrestling scholarship. He dropped out during his first year, bouncing from job to job. John worked in security, flooring, concrete, and more. You name it. By the time he was 25, he had a young child and needed to work to support his family.

Amelia

Amelia worked for a sports apparel company in a low-level job making $13.00 an hour. She has a young son. Attending school required her to find child care for her young son. Child care that she could not afford. I could take up every page and space of this publication, telling stories of students like Jaden, John, and Amelia. Jaden, John, and Amelia were never going to attend college or a typical technical school. Time, family commitments, and the need to produce a living income are more important than educational opportunities almost every time. They had no training of any type. So they entered low-wage jobs, where turnover is the norm, and upward mobility is rare. This cycle afflicts millions of Americans. The system is broken. But it doesn’t have to be like that. So, here’s how we fix it. Every year, 66% of U.S. high school graduates enroll in college. Only 25%


• • Students at American Diesel Training Centers

finish. Consider that stat. It means that roughly 3 million people in every graduating high school class never complete college. There’s your answer. There’s the pipeline of talent. We’ve got the pipeline identified. It is enormous. But how do we get to it? Simple. We dig. The concept is straightforward. It’s the execution that is key. Like any significant dig or construction project, there’s a plan. And executing that plan is always tricky. I’ve written this plan with entry-level techs in mind. Will you stop pursuing experienced talent? Of course not. But this primer is for entry-level tech talent identification and development. • Be willing to change how you identify, interview, hire, and develop new technician talent. First, you’ll need to forget some of what you are currently doing. Are you using job boards? If so, why? There are tens of thousands of other technician jobs posted on job boards. The internet has hatched platforms that are significantly better at targeting specific profiles than just listing a position on an employment board that says “urgently hiring.” • You are looking for raw, lightly trained, or untrained talent. The chances of that journeyman tech walking through your door are not great. The chances of a grad from the local community college showing up at your door are not much better. There are around 200 community colleges with diesel programs in the United States. At the same time, there are 1,290 cities with populations above 25,000. The odds are not in your favor. • Eliminate barriers to interviewing. Time is everything. If someone has to wait a week, you’ll lose them. I’ve worked with companies who require that all hires, even those with little or no training, interview in person with the service manager. Many times, it takes several

days to complete one single interview. The best practice is to devote one or two people to interviewing candidates. Then, trust them to make the hiring decision. • Get stakeholder and service manager buy-in at the outset. Your team must understand the process and rationale behind it. • Conduct all interviews via phone and video. There is growing research that says in-person interviews are the least effective way to hire people. Malcolm Gladwell spends significant time discussing this phenomenon in his latest book “Talking to Strangers.” • Hire based on attitude and aptitude. Do not require personality or intelligence tests. Instead, choose the person who you think, “Wow, I’d love to hire them. If only they just had a bit of training.” • Tweak this process constantly. Expect bumps and imperfection, whether you are looking for one person or 30 people. I’ve seen companies not be able to execute hiring one person. I’ve seen others hire dozens of new people in a very tight window. Buy-in, teamwork, and communication are everything. • Here’s the big one. Train your own new hires on truck mechanical fundamentals or outsource their training to someone who can. Focus on basic skills. Preventative maintenance, brakes, and tires account for 64% of all maintenance and repair costs, according to Fullbay. Let your experienced techs work on complicated jobs. Think you can’t afford it? You can, and there is an enormous return on investment that you’ll see almost immediately. How do I know? I’ve measured it with several different companies. • Billions of dollars from impact investors are pouring into new business models,

many that fund training and education. Impact investing is best defined as the deployment of capital to help people. According to SOCAP Global, 33% of all assets under professional management are impact investments. My company works extensively with impact investors. You can use them too. • Create a multi-year training program for your new technicians. If you don’t have the internal capability, outsource it. We’re currently working on a new program with a two-year track, from beginning to advanced. It consists of short training bursts using technology but is also hands-on. And remember, people usually don’t quit because of money. They leave because of bad bosses, poor culture, and sub-standard training. Back to Jaden, John, and Amelia. Jaden is now an Associate for Penske Truck Leasing. He attended a five-week, entry-level, intensive training program. Within a couple of weeks on the job at Penske, he became Penske Preventative Maintenance Certified. Jaden will receive comprehensive, advanced training throughout his career at Penske. He’s on his way. Amelia is the top technician at the Columbus Bobcat shop. She’s traveled around the country, attending different Bobcat training courses. This summer, our Director of Education got the following text from her. “Hey, Myron! I got my yearly review and got a big raise! Next week, I’m going to Colorado to study engines. My boss even said he would be leaving me in charge when he goes on vacation!” And John. Well. John is our newest instructor at American Diesel Training Centers. After completing our program in 2017, John went to work for a great shop here in Columbus, Skinner Diesel. He worked on everything. A few months ago, John moved on to another job. He regretted it immediately. That loss is our gain. John now teaches the next generation of entry-level technicians. The plan I’ve just given you is not easy. But structural change never is painless. Is it foolproof? No. Because we deal with people, and people are imperfect. Does it work? It sure does. Just ask Jaden, John, and Amelia. “If you don’t like what is being said, change the conversation.” – Don Draper Tim Spurlock is the Co-Founder and CEO of American Diesel Training Centers, headquartered in Columbus, Ohio.

FLORIDA TRUCK NEWS

SPRING 2022 | 15


Fight Human Trafficking, Together

By Attorney General Ashley Moody Making Florida a zero-tolerance state for human trafficking has been a top priority of mine since taking office as Florida’s Attorney General in 2019. If we are going to eradicate trafficking in Florida, it will take all of us working together. Through increased awareness, events, initiatives, new programs and training courses, we have been able to reach more Floridians to become fighters in the battle to end this atrocious crime in our state. Florida Trucking Association is one of our longest and most reliable teammates in the fight to end trafficking. I am grateful for the thousands of individuals from FTA-member companies who have participated in anti-human trafficking trainings through Truckers Against Trafficking. They bring an allhands-on-deck mindset and outstanding work ethic to this vital public safety mission. Over the past three years, my office has created several new initiatives to help recruit new partners in this fight, starting with a campaign specifically for the Florida trucking industry. Highway Heroes is a multifaceted outreach campaign that includes awareness materials mailed directly to Commercial Driver License holders and a website with resources to educate drivers about how to identify victims and report suspected human trafficking. My office and the Florida Department of Highway Safety and Motor Vehicles launched the campaign in October 2020. Since then, nearly 4,600 commercial truck drivers have joined and received anti-human trafficking training through Highway Heroes, equipping them

16 | SPRING 2022

with the tools to spot and report to law enforcement suspicious activity on Florida’s 12,000 miles of highways.

Parents and teachers should also be mindful of signs at school for students, including:

My office’s newest initiative to combat human trafficking is the 100 Percent Club. This program recognizes Florida businesses that pledge to train their employees on how to spot and report suspected human trafficking safely and effectively. Through the 100 Percent Club, quick reference resource cards are provided to trainees to help them effectively report suspicious activities.

• Unexplained absences; • Sudden changes in attire, behavior or relationships; • Chronically running away; and • Sudden increase in material possessions.

FTA member Landstar Systems, Inc., one of Florida’s largest trucking companies, was a founding member of the 100 Percent Club. My goal is to equip all CDL holders with proper human trafficking prevention training. The same day we launched the 100 Percent Club, I also stood with the Florida Alliance to End Human Trafficking and the Florida Restaurant and Lodging Association to announce a goal of providing human trafficking training to an additional 100,000 Floridians. We also have a new statewide reporting line. During National Human Trafficking Prevention Month, I worked with the Florida Department of Law Enforcement to create a new statewide tip line for citizens to call and report suspicious activity. The new number is being directly monitored by FDLE for calls of suspected human trafficking. Floridians can simply dial 1(800) 342-0820 from anywhere in the state to report to law enforcement. Tipsters should also contact the National Human Trafficking Hotline at 1(888) 373-7888 after contacting law enforcement for victim assistance. Before calling, it is important to know the signs. There are both physical and verbal indicators that may be cause for concern. Physical signs include: • Branding scars, burns or tattoos; • Malnourishment, disorientation or confusion; and • Dental issues, sleep deprivation or skin infections. Verbal signs include: • Responding as if coached or allowing someone else to speak for them; • Fearful, anxious or paranoid; and • Being reluctant to discuss injuries.

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The past few years have presented us with challenges beyond the pandemic. With children’s increased activity online, predators shifted to digital recruitment tactics. More than 83% of active sex trafficking cases involve some form of online solicitation, according to the 2020 Federal Human Trafficking Report. For more in-depth information, parents can take advantage of my office’s 2022 Online Safety Toolkit. This comprehensive resource guide is designed to empower parents to teach their children about danger online. The toolkit also helps parents create effective plans for safe internet use. Having conversations and developing online safety strategies within a household is a critical factor that can significantly reduce the risk of traffickers successfully targeting children online. We spent time discussing this crucial step for families at last year’s Human Trafficking Summit. For the second straight year, the summit was virtual and brought in more than 4,000 registered attendees from more than 40 states. Hours of educational content and breakout sessions are still accessible online at HumanTraffickingSummit2021.com through April 2022. I am grateful for all of our partners and their efforts in helping provide valuable information and resources to people – not only in our state but across the nation – working together to end human trafficking. To join the fight to end human trafficking, visit YouCanStopHT.com. We are all partners in this fight. By understanding the signs and remaining vigilant on the roadways, you can help us stop human trafficking and build a Stronger, Safer Florida. Thank you!


WHEREVER THE ROAD TAKES YOU WE’RE ALONG FOR THE RIDE

AmFed An Ascot Group Company

AmFed is proud to partner with the Florida Trucking Association to provide a fully endorsed workers’ compensation insurance program to FTA’s members. AmFed provides the full spectrum of workers’ compensation insurance products and services, including guaranteed cost, deductible and dividend policies. Our partnership will help support and further FTA’s mission of promoting and protecting the interests of Florida’s trucking and transportation industry.

29 YEARS IN THE INDUSTRY

LOSS CONTROL & RISK MANAGEMENT AM BEST A- EXCELLENT RATED CARRIER

AGGRESSIVE CLAIMS HANDLING

DEDUCTIBLE AND DIVIDEND POLICIES 1.800.264.8085 | AmFed.com

FLORIDA TRUCK NEWS

SPRING 2022 | 17


Motor Carrier Cargo Damage and Loss Claims Under the Carmack Amendment: A Primer on Claims and Defenses By Andrew Steif The Carmack Amendment to the Interstate Commerce Act governs the liability of motor carriers and freight forwarders for damage to, or loss of cargo in interstate shipments. It makes all motor carriers who receive, deliver, or provide transportation or service during a shipment liable “for the actual loss or injury to the property.” Each motor carrier that provides transportation service may be liable to the shipper, regardless of which carrier had possession of the shipment at the time it was lost or damaged. The Carmack Amendment states that a motor carrier providing transportation or service in an interstate shipment “shall issue a receipt or bill of lading” for the property received. That carrier and any other carrier that transported the cargo is liable to “the person entitled to recover under the receipt or bill of lading” for the actual loss or injury to the property. Normally, the person entitled to recover is the “shipper” of the cargo but in some instances, persons or companies that are not named in the bill of lading may have standing to sue a carrier. Carmack was passed into law to relieve shippers of the burden of determining which of a number of potentially involved parties was actually responsible for the loss. However, as discussed herein, although the statute simplifies the assertion of cargo claims, it also allows carriers to limit liability, preempts state law claims, and recognizes certain defenses. Carmack Amendment claims are often complex, and the results are determined on the facts of each individual case. This article is intended to provide a primer on the issues that most often arise during such lawsuits. Preemption of State Law Claims The Carmack Amendment was intended to cover the field of claims relating to 18 | SPRING 2022

damage to cargo in interstate transport. The very large majority of courts have held that all state law claims that are premised on allegations involving damage or loss of cargo arising from interstate transportation are preempted by Carmack and should be dismissed. This includes causes of action for breach of contract, negligence, and other common law claims. Only “claims based on conduct separate and distinct from the delivery, loss of, or damage to goods escape preemption.” In determining whether a claim is preempted, courts will determine whether the harm / damages that is claimed is separate from damage or loss of cargo. For example, claims relating to personal injuries or intentional acts that caused emotional distress have been held not to be preempted because the harm or injury is separate from the damage to cargo. Most courts have held that claims for conversion are preempted, but some courts have applied a “true conversion” exception for instances where a carrier is alleged to have misappropriated the cargo for its own gain. It is important to stress that in nearly all cargo damage and loss cases relating to interstate transport, the Carmack Amendment provides the only viable claim against a motor carrier. Elements of a Carmack Amendment Claim To establish a prima facie claim – or evidence sufficient enough to prove a case unless there is substantial contradictory evidence presented – under the Carmack Amendment, a plaintiff must satisfy three elements: (1) that the cargo was delivered in good condition to the receiving carrier; In some cases, this element will not be in dispute. In others, particularly where a shipment involved multiple modes (ocean, rail, motor carrier, etc.) and there is a dispute as to where damage occurred, this element will be a significant part of the defense of a Carmack claim. Some courts view a “clean” bill of lading without notation of damage upon receipt to be prima facie evidence of receipt in good condition, but this may be rebutted with evidence

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from the carrier that the cargo was damaged when it was received. (2) that the cargo arrived damaged at its final destination; and (3) the amount of damage incurred. Generally, plaintiffs are limited to actual damage, meaning the actual cost of the damage to the cargo. Either by operation of the law or tariff, consequential damages (like lost profits) will generally not be recoverable. Absent a contractual provision, Carmack Amendment lawsuits generally also do not involve awards of attorneys’ fees. Venue Carmack Amendment lawsuits may be filed in federal or state court. The statute contains specific provisions defining where lawsuits must be filed. Actions against a delivering motor carrier must be filed in a state through which the carrier operates. Actions against “carriers responsible for loss” (the carrier alleged to have caused the damage) must be filed in the district in which the loss or damage is alleged to have occurred. The latter provision may be contested heavily in matters where no definable incident led to cargo damage, as in cases involving alleged excessive g-forces applied to sensitive cargo during shipment. Like other venue statutes, the principal place of business of a plaintiff is generally not considered when determining venue. Carriers Versus Brokers The Carmack Amendment applies to motor carriers but does not apply to brokers. A “broker” is defined as “a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation.” A motor carrier is “a person providing motor vehicle transportation for compensation.”


Courts view the important distinction as whether a party provides transportation versus whether it sells, negotiates, or holds itself out as providing transportation of a shipment. The text of these rules is vague, particularly given that some companies provide both types of services. Generally, the matter is likely to turn on whether a company or person has accepted and legally bound themselves to transport a shipment. If this has occurred, the party will likely be deemed a carrier and subject to Carmack. Limitation of Liability The limitation of liability defense is perhaps the most significant defense available to carriers defending claims under the Carmack Amendment. As a matter of industry practice, carriers rely on the enforcement of their limitations to ensure the viability of their businesses. A carrier’s ability to determine freight rates for various shipments also relies on the application of a limitation of liability. Under Carmack, a carrier may limit liability by establishing four (4) factors: (1) issue a tariff within the prescribed guidelines of the Interstate Commerce Commission; (2) give the shipper a reasonable opportunity to choose between two or more levels of liability; (3) obtain the shipper’s agreement as to the choice of liability; and (4) issue a receipt or bill of lading prior to moving the shipment. Changes in the federal statutes have rendered the first element largely inapplicable. As to the second factor, in order to provide a reasonable opportunity, a carrier should generally provide reasonable notice to a shipper of its options that would allow the shipper to obtain sufficient information to make a decision as to liability levels. In many instances, this element may be satisfied by providing a shipper with notice (in a contract, bill of lading, or tariff ) of the specific method by which a shipper can obtain a higher freight rate for full liability (for the full value of the cargo). A carrier need not have a pre-prepared published list of full liability freight rates. The reasonable opportunity factor

is evaluated on a case-by-case basis. Satisfying the third element can occur in a number of ways. By far the best and simplest way to do so is to secure a signed or agreed price quote, contract, or bill of lading with a listed limitation or with a listed price authority that contains a limitation of liability provision. Including a notation of a limitation in a bill of lading is the best avenue, but the applicable law only requires some type of agreed writing. The “statute merely requires that the carrier and shipper agree in writing to a reasonable value, above which the carrier will not be liable.” Stated differently, Carmack requires a valid written contract between the parties establishing a reasonable value for the purpose of limiting the liability of the carrier. The fourth element (issuance of a bill of lading) is not as simple as it sounds. As with the third element, the best method for satisfying this factor is to ensure the issuance of a bill of lading that references the price authority or limitation. However, in current practice, shippers and third parties often issue bills of lading. Under the statute, the fact that a shipper issues a bill of lading does not affect a carrier’s liability under the Carmack Amendment. The case law is mixed, but some courts have held that this prong is satisfied when a shipper or third party issues a bill of lading and: (1) a limitation of liability or price authority containing a limitation provision is stated in the bill of lading; or (2) where the bill of lading is silent as to the limitation, but the agreement is clearly reflected in another writing. Current computer technology allows a number of interesting methods for securing the enforcement of a limitation of liability, including clickthrough agreements and electronic price quotes and shipping instructions. The limitation of liability remains perhaps the most hotly contested defense issue under Carmack. Other Defenses In addition to the limitation of liability, there are other significant available defenses to be asserted if a shipper / plaintiff satisfies the elements of a prima facie case.

(1) act of God. This defense requires a showing that the cause of the cargo damage was an act that is totally removed from human intervention. Examples would include floods and earthquakes. However, the defense may be unavailable if elements of human negligence were involved. The elements of this defense varies in each jurisdiction. (2) an act of the public enemy. Once used to describe pirates and robbers, this rarely used defense now predominately refers to acts of foreign nations during war. (3) an act of the shipper. This is the most common defense in this list. Carmack cases often involved expert driven factual arguments regarding “insufficiency of packaging” by the shipper or other acts of a shipper that contributed to the damage. Like any defense, the burden of proof rests with the carrier. (4) an act of the public authority. This rare defense relates to acts of government, such as seizures of cargo. (5) the inherent nature or vice of the goods. This defense applies where the nature of the cargo itself makes it susceptible to damage or spoilage. Examples include food spoilage or the rusting of materials from moisture. The nature of the shipping agreement and a case-bycase assessment of the type of cargo will determine whether such a defense is viable. Conclusion Carmack Amendment litigation is an evolving area of the law. Although the elements of a claim and the allowable defenses are well-settled, the negotiation of shipments, the effect of electronic communications and data interchanges, the role of expert witnesses, and the causes of cargo damage are different and unique to each case. Each dispute presents complex issues, but experienced counsel can assist in the preparation of an effective strategy. Andrew Steif is a Shareholder of law firm Gunster and is based in Jacksonville. Gunster is a member of FTA.

FLORIDA TRUCK NEWS

SPRING 2022 | 19


FTA Partners with AmFed to Provide Workers’ Compensation Insurance Program

AmFed Founder Billy Roberts

FTA recently partnered with AmFed to provide a fully endorsed workers’ compensation insurance program. We spoke with AmFed Founder Billy Roberts about the partnership and what it means for FTA members.

How did AmFed and Florida Trucking Association partner to develop this member program?

AmFed is the third-party administrator (TPA) for the Mississippi Truck, Food & Fuel Self Insurers Fund (MTFF). As the TPA for MTFF, we’ve developed a strong relationship with the Mississippi Trucking Association and as a result, MTA’s President, Hal Miller III, introduced us to then-FTA President and CEO Ken Armstrong. We’ve been wanting to expand into Florida, and this was a great opportunity for us. Our initial introduction led to subsequent conversations and meetings with FTA’s Board of Directors and the current FTA President and CEO, Alix Miller. Our partnership became effective on October 1, and we hope to bring our expertise in the workers’ compensation space and our commitment to providing excellent customer service to the members of FTA.

How long has AmFed been in the workers’ compensation industry? AmFed was founded on January 1, 1993 as a solution to the Mississippi Workers’ Compensation coverage affordability crisis. It has always been our belief that problems are merely opportunities in disguise, and our initial group took on that challenge. With the foresight and support of thenMississippi Insurance Commissioner George Dale, along with his newly-appointed project leader, Major General Harold Cross, AmFed was given the opportunity to help redesign The Mississippi Workers’ Compensation Assigned Risk Plan and emerge as a new leader in the workers’ compensation insurance marketplace. Over the past three decades, the dedicated staff at AmFed has grown the company into a respected multi-state specialist in the workers’ compensation insurance and insurance services business. It was this reputation that led the Ascot Group, a leading global specialty insurance and reinsurance organization, to vet and eventually acquire AmFed to be their workers’ compensation product arm. 20 | SPRING 2022

What kind of experience does AmFed have writing trucking risks?

AmFed’s expertise in the trucking industry has grown tremendously over the last three years as the TPA for the Mississippi Truck, Food & Fuel Self Insurers Fund – but we’ve been underwriting trucking risks for nearly 30 years, many of which have come to us as the servicing carrier for the Mississippi Workers’ Compensation Assigned Risk Pool.

Does AmFed provide loss control and risk management services?

AmFed recognizes that the best accident is the one that never occurs. But we also understand that work-related injuries do happen, and that’s why we know that risk management and loss control services are an integral part of the workers’ compensation industry. Loss control services ensure that employers play an active role in monitoring and identifying hazards that could lead to a work-related injury.

AmFed employs one in-house risk management specialist who provides oneon-one support to our policyholders. We also employ a number of third-party risk management specialists given our large footprint and the need to have boots on the ground for insureds when they need it. We have plans to expand our in-house risk management services and personnel in 2022.

Where can AmFed write coverage?

AmFed is currently admitted in 15 states throughout the Southeast including Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Missouri, Mississippi, The Carolinas, Oklahoma, Tennessee and Virginia. Our expansion plans for 2022 will allow us to write business in all 50 states in the U.S.

How do I get a quote from AmFed for workers’ compensation coverage?

AmFed works with independent insurance agencies to quote and place coverage for our policyholders. With more than 100 agency partners throughout the Southeast, we’re looking forward to

FLORIDA TRUCK NEWS

working with the independent agents in Florida that service the members of FTA. Members should contact their trusted insurance agent to get a quote from AmFed.

What types of policies does AmFed offer?

AmFed offers a wide variety of coverage options to fit the unique needs of our policyholders including guaranteed cost workers’ compensation coverage, medium and large deductible options, dividend policies, innovative risk transfer solutions, and captive insurance. Our deductible options and dividend policies allow eligible insureds to participate in the cost of their workers’ compensation insurance. The dividend policies seem to be very popular in Florida, and we fast-tracked our filings in the state to be able to offer that specific type of policy to the Association’s membership.

What payment methods do you accept?

AmFed has annual, quarterly, and monthly installment options available for our insureds. We also offer a self-reporting plan similar to many of the pay-as-you-go options available with other insurance carriers. The self-reporting option bases your premium on payroll for a certain time period (typically a month or a payroll cycle) and often eases the audit process at the end of the policy term because estimated premiums parallel payroll closely, and premium adjustments are much smaller at audit time.

Who should FTA members contact if they have questions about this membership program?

Sarah Freeman, our Vice President of Marketing, is our Association liaison. She can be reached at sarah.freeman@amfed. com or (601) 605-2013.

If there was one thing that you would want our members reading this article to take away with them, what would that be?

One of the things that makes AmFed such a great company is the primary mission we get to perform every day: We help guide people that are injured at work through an unexpected and difficult time in their lives by providing fully-paid, high-quality medical care throughout their recovery period, as well as loss of wage income. Every member of the AmFed staff, despite having various roles in the process, understands the part they play in this mission and has authority to treat all our customers the way they would want to be treated. That same level of respect for the dignity of the individual is also how we treat each other as colleagues.


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CARRIERS

SUPPLIERS

R.E. Garrison Trucking, Inc.

Transportation Club of Jacksonville

Mulax Express LLC

EquipLinc Auction Group

Refrigerated Express Inc.

Black Oak Creative

Global Freight and Commerce LLC

Gunster Yoakley & Stewart P.A.

FCC Environmental Services

Lockton Companies

Coastal Carrier Compliance & Consulting, LLC UltraDrive SAF-HOLLAND Inc. MTC South Hancock Whitney Veteran Trucking Careers, LLC

Pressure Systems International Fleet Advantage University of Florida Transportation Technology Transfer Center

South Pointe Insurance Services

Drug Free Workplaces

Branch

HNO Hydrogen Generators, Inc.

ISAAC Instruments

Welcome, New FTA Members! FLORIDA TRUCK NEWS

SPRING 2022 | 21


MOVES AND NEWS Update on people and places in FTA membership COOP by Ryder, the leading truck and trailer sharing platform, announced the launch of its platform nationwide, reaching businesses in all 50 states. This expansion follows the success of the initial rollout in nine key states, underscoring the continued growth of the COOP platform, the high demand for rental vehicles, and the opportunity to monetize underutilized fleets.

Robert Cole

The Truckload Carriers Association, Truckers News, and Overdrive have named Ryder driver Robert Cole a finalist for their annual Driver of the Year contest, which recognizes company drivers who provide reliable transportation of North America’s goods. Ryder driver Paul Bales was recognized as a Highway Angel by the Truckload Carriers Association for rushing to the aid of a man trapped Paul Bales in his overturned vehicle which soon caught fire. Despite the seriousness of the accident and the injuries the driver sustained, Bales heard he was expected to make a full recovery. TBS Factoring Service, headquartered in Oklahoma City, Okla., has acquired Financial Carrier Services (FCS) out of Charlotte, N.C. This acquisition will provide a wider array of services to current and potential clients of both companies and paves the way for TBS’s future expansion into the transportation and logistics industries. 22 | SPRING 2022

Robert “Monty” Montgomery

Robert “Monty” Montgomery, a UPS Jacksonville Feeder driver, helped save a life with a 911 call in January. He spotted a young girl on an overpass on Palm Coast Parkway who was threatening to jump. Deputies responded to the call and were able to rescue the girl. HNO Hydrogen Generators has developed a novel hydrogen retrofit upgrade that aims to reduce the costs of aftertreatment systems maintenance, while lowering emissions. This hydrogen generation system has been tested on multiple engines in EPA/CARB approved labs, to show successful results. HNO is setting their sights on developing products for the trucking industry, as the problem of emissions compliance continues to threaten businesses. They are delivering customized fleet engineering analysis and audits at no cost to FTA members. BeyondTrucks has launched a modern platform small trucking companies must have to manage their operations and money more easily to free up resources and grow their business. For brokerages and shippers, BeyondTrucks offers a path to lend digital superpowers to their carrier base, improving service and visibility for their customers, while streamlining invoicing and payments, and building more transparent, lasting carrier relationships. One of the oldest active civic clubs in Florida introduced Mike Williams, Founder of AGX Freight, as its President during a sold-out event at The River Club in Jacksonville in January. The Transportation Club of Jacksonville (TCJAX) will continue its mission of providing education,

FLORIDA TRUCK NEWS

Mike Williams

advocacy, and philanthropy under the guidance of Williams. There were many highlights of the event including a keynote address by FTA President and CEO Alix Miller. Williams will serve a two-year term as Club President. AGX Freight recently promoted Greg Harrison to Vice President, Intermodal Logistics Operations. In this new position, Harrison assumes the responsibility Greg Harrison for growing the company’s suite of intermodal services in coordination with its expanding transportation and logistics platform. Harrison has been a key player for AGX Freight since 2016, contributing to the growth of the company during that time as Director of Intermodal/Sales Operations. “I’m humbled by this promotion and eager to lead our collective resources in growing our intermodal services division here at AGX” Harrison said.“I’ve had a front-row seat these past five years watching AGX grow into a highly capable and competent trading partner for our clients, and excited to be working with (COO & EVP) Ike Sherlock and the team we’ve assembled.” Global transportation insurance brokerage Hub International has launched HUB Drive Online to help transportation companies go digital, streamline costs and improve risk management. It’s an all-in-one solution for carriers and freight brokers, as well as for last mile, public auto and gig driver delivery operations that need greater compliance


and integration with the supply chain. “In a hard insurance market, transportation companies need to improve risk management. And through driver and vehicle data integration, transportation carriers can aggregate operational and safety data to help inform decision-making and promote driver training and safety,” said Lynn Bolduc, Insurance Specialist at HUB in Orlando.

rolled out the LifeSaver Mobile cellblocking app to his drivers in 2019. The technology prevents drivers from texting or making calls while they’re behind the wheel. “What it has done is raised awareness of distracted driving through the safety culture, making people more aware of their bad habits,” said Eichermuller. “The more we all use this technology, the safer we all become.”

Tanner and Jeff Widdows, a father and son sleeper team

Jeff Butler Jason Smith and Trent Tillman

TrueNorth announced that Jason Smith, President & Chief Executive Officer (CEO), has extended his title of President to Trent Tillman, Executive Vice President (EVP) of TrueNorth’s transportation division. Smith will remain CEO, and Tillman will take on the role of President, while also retaining his responsibilities as EVP of the transportation division. This strategic decision will support firm growth as TrueNorth continues to operate as one of the nation’s largest privately held full-service risk management and insurance brokerage firms. Trans-Phos announced its 2021 Drivers of the Year. Each driver has shown a relentless pursuit of accident-free driving skills for a full year and went above and beyond what is asked of them to satisfy the needs of customers. Trans-Phos President Bill Whitney, VP Neil Whitney, VP Kevin McGee, the Safety team, and Operations Management team send out the biggest thank you to all the safe professional drivers that share the roads with all our families. Mini-Wheeler Division: North Fla. – Manuel Rodrigues Central Fla. – Karen Gilley South Fla. – Gilberto Pozo Tractor Trailer Division: Company Daytime Driver – John Bell Company Nighttime Driver – Agustin Chavez Lease Driver Daytime – Keith Culberson Owner-Operator Nighttime Driver – Somphet Mahathirash Beverage distributor North Florida Sales has been utilizing cellular blocking technology to limit distracted behavior in its driving pool. David Eichermuller, safety officer of North Florida Sales,

Jay Whealton (center)

Jose Olan Tommy Simpson, Jim O’Toole, Garrick Gaffigan, Caitlyn Salters, and Joe Kedzuf II

Exxact Express Senior Safety Director Jay Whealton received the Seven Seals Award from the Employer Support of the Guard and Reserve (ESGR). This is the highest award an individual can receive from the State ESGR and is given for the supervisor’s unwavering support of the Guard and Reserve members that they directly supervise. Senior executives – Joe Kedzuf II (Owner), Tommy Simpson (COO), Jim O’Toole (CFO), and Garrick Gaffigan (Controller) – received Patriot Awards from the ESGR for their support of the Guard and Reserve members that they employ. Exxact Transport as a whole received the Above and Beyond Award from the ESGR for going above and beyond the legal requirements in support of the Guard and Reserve members that they employ. Voyager Nation announced the hiring of a new Shop Manager, Ryan Williams, to better serve their owner-operators by maintaining their current fleet of trailers. They have also hired four new dispatch managers to help with additional growth. Additionally, the company has acquired additional property in Mulberry, Fla. to offer their drivers free parking and security of their trucks while on home time. Voyager Nation recognized Doug Edwards in his achievement of obtaining

more than 1 million safe miles. They also recognized Miguel Salas, an owneroperator, for his humanitarian work in his travels to South America. Jeff Widdows of UPS Jacksonville Feeders achieved 40 years of safe driving. Jeff Butler was inducted into the Circle of Honor with 25 years of safe driving. Jose Olan retired with 35 years of service and 35 years of safe driving; he worked his entire career accident- and injury-free.

Branch has partnered with Uber Freight

Branch, the leading workforce payments platform, has partnered with Uber Freight to bring fast, reliable payments and carrierfirst financial services to the logistics and transportation industries. Uber Freight’s driver-first tools empower companies and their drivers to book loads and manage their businesses seamlessly. Through Branch’s digital wallet, Uber Freight can pay carriers significantly faster than the industry standard, at no additional cost. Rather than waiting 30 days or longer for the traditional accounts payable process, carriers on Uber Freight can get paid two hours after approved proof of delivery, a 99.7% reduction in wait time.

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LEADERS IN TRANSPORTATION EQUIPMENT

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The Nextran network of services, parts and trucks are ready to cover all your trucking needs. We have locations across the country backed by a workforce that’s trained and eager to keep you moving forward.

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