Senate Bill sb1186

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1186

    By Senator Rich





    34-875-06

  1                      A bill to be entitled

  2         An act relating to motorized scooters; amending

  3         s. 316.003, F.S.; redefining the term "bicycle"

  4         to include a motorized foot scooter and the

  5         term "moped" to include a motorized scooter for

  6         purposes of the Uniform Traffic Control Law;

  7         amending s. 322.01, F.S.; excluding a motorized

  8         foot scooter from the definition of the term

  9         "motor vehicle"; reenacting ss. 320.08 and

10         320.0801(1), F.S., relating to license taxes

11         for certain motorized vehicles and additional

12         license taxes on mopeds, to incorporate the

13         amendments made to s. 316.003, F.S., in

14         references thereto; providing an effective

15         date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  Subsections (2) and (77) of section

20  316.003, Florida Statutes, are amended to read:

21         316.003  Definitions.--The following words and phrases,

22  when used in this chapter, shall have the meanings

23  respectively ascribed to them in this section, except where

24  the context otherwise requires:

25         (2)  BICYCLE.--Every vehicle propelled solely by human

26  power, and every motorized bicycle propelled by a combination

27  of human power and an electric helper motor capable of

28  propelling the vehicle at a speed of not more than 20 miles

29  per hour on level ground upon which any person may ride,

30  having two tandem wheels, and including any device generally

31  recognized as a bicycle though equipped with two front or two

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1  rear wheels. The term includes a motorized foot scooter, which

 2  is a vehicle powered by an electric motor or an internal

 3  combustion engine that is capable of powering the vehicle with

 4  or without human power and has wheels that are no more than 10

 5  inches in diameter or an engine that is capable of a maximum

 6  speed of no more than 15 miles per hour. The term does not

 7  include such a vehicle with a seat height of no more than 25

 8  inches from the ground when the seat is adjusted to its

 9  highest position or a scooter or similar device. No person

10  under the age of 16 may operate or ride upon a motorized

11  bicycle.

12         (77)  MOPED.--Any vehicle with pedals to permit

13  propulsion by human power, having a seat or saddle for the use

14  of the rider and designed to travel on not more than three

15  wheels; with a motor rated not in excess of 2 brake horsepower

16  and not capable of propelling the vehicle at a speed greater

17  than 30 miles per hour on level ground; and with a power-drive

18  system that functions directly or automatically without

19  clutching or shifting gears by the operator after the drive

20  system is engaged.  If an internal combustion engine is used,

21  the displacement may not exceed 50 cubic centimeters. The term

22  includes the two-wheeled vehicle known as a motorized scooter.

23         Section 2.  Subsection (26) of section 322.01, Florida

24  Statutes, is amended to read:

25         322.01  Definitions.--As used in this chapter:

26         (26)  "Motor vehicle" means any self-propelled vehicle,

27  including a motor vehicle combination, not operated upon rails

28  or guideway, excluding vehicles moved solely by human power,

29  motorized wheelchairs, motorized foot scooters, and motorized

30  bicycles as defined in s. 316.003.

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1         Section 3.  For the purpose of incorporating the

 2  amendments made by this act to section 316.003, Florida

 3  Statutes, in a reference thereto, section 320.08, Florida

 4  Statutes, is reenacted to read:

 5         320.08  License taxes.--Except as otherwise provided

 6  herein, there are hereby levied and imposed annual license

 7  taxes for the operation of motor vehicles, mopeds, motorized

 8  bicycles as defined in s. 316.003(2), and mobile homes, as

 9  defined in s. 320.01, which shall be paid to and collected by

10  the department or its agent upon the registration or renewal

11  of registration of the following:

12         (1)  MOTORCYCLES and MOPEDS.--

13         (a)  Any motorcycle: $10 flat.

14         (b)  Any moped: $5 flat.

15         (c)  Upon registration of any motorcycle, motor-driven

16  cycle, or moped there shall be paid in addition to the license

17  taxes specified in this subsection a nonrefundable motorcycle

18  safety education fee in the amount of $2.50.  The proceeds of

19  such additional fee shall be deposited in the Highway Safety

20  Operating Trust Fund and be used exclusively to fund a

21  motorcycle driver improvement program implemented pursuant to

22  s. 322.025 or the Florida Motorcycle Safety Education Program

23  established in s. 322.0255.

24         (d)  An ancient or antique motorcycle: $10 flat.

25         (2)  AUTOMOBILES FOR PRIVATE USE.--

26         (a)  An ancient or antique automobile, as defined in s.

27  320.086, or a street rod, as defined in s. 320.0863: $7.50

28  flat.

29         (b)  Net weight of less than 2,500 pounds: $14.50 flat.

30         (c)  Net weight of 2,500 pounds or more, but less than

31  3,500 pounds: $22.50 flat.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1         (d)  Net weight of 3,500 pounds or more: $32.50 flat.

 2         (3)  TRUCKS.--

 3         (a)  Net weight of less than 2,000 pounds: $14.50 flat.

 4         (b)  Net weight of 2,000 pounds or more, but not more

 5  than 3,000 pounds: $22.50 flat.

 6         (c)  Net weight more than 3,000 pounds, but not more

 7  than 5,000 pounds: $32.50 flat.

 8         (d)  A truck defined as a "goat," or any other vehicle

 9  when used in the field by a farmer or in the woods for the

10  purpose of harvesting a crop, including naval stores, during

11  such harvesting operations, and which is not principally

12  operated upon the roads of the state: $7.50 flat. A "goat" is

13  a motor vehicle designed, constructed, and used principally

14  for the transportation of citrus fruit within citrus groves or

15  for the transportation of crops on farms, and which can also

16  be used for the hauling of associated equipment or supplies,

17  including required sanitary equipment, and the towing of farm

18  trailers.

19         (e)  An ancient or antique truck, as defined in s.

20  320.086: $7.50 flat.

21         (4)  HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO

22  GROSS VEHICLE WEIGHT.--

23         (a)  Gross vehicle weight of 5,001 pounds or more, but

24  less than 6,000 pounds: $45 flat.

25         (b)  Gross vehicle weight of 6,000 pounds or more, but

26  less than 8,000 pounds: $65 flat.

27         (c)  Gross vehicle weight of 8,000 pounds or more, but

28  less than 10,000 pounds: $76 flat.

29         (d)  Gross vehicle weight of 10,000 pounds or more, but

30  less than 15,000 pounds: $87 flat.

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1         (e)  Gross vehicle weight of 15,000 pounds or more, but

 2  less than 20,000 pounds: $131 flat.

 3         (f)  Gross vehicle weight of 20,000 pounds or more, but

 4  less than 26,001 pounds: $186 flat.

 5         (g)  Gross vehicle weight of 26,001 pounds or more, but

 6  less than 35,000: $240 flat.

 7         (h)  Gross vehicle weight of 35,000 pounds or more, but

 8  less than 44,000 pounds: $300 flat.

 9         (i)  Gross vehicle weight of 44,000 pounds or more, but

10  less than 55,000 pounds: $572 flat.

11         (j)  Gross vehicle weight of 55,000 pounds or more, but

12  less than 62,000 pounds: $678 flat.

13         (k)  Gross vehicle weight of 62,000 pounds or more, but

14  less than 72,000 pounds: $800 flat.

15         (l)  Gross vehicle weight of 72,000 pounds or more:

16  $979 flat.

17         (m)  Notwithstanding the declared gross vehicle weight,

18  a truck tractor used within a 150-mile radius of its home

19  address shall be eligible for a license plate for a fee of

20  $240 flat if:

21         1.  The truck tractor is used exclusively for hauling

22  forestry products; or

23         2.  The truck tractor is used primarily for the hauling

24  of forestry products, and is also used for the hauling of

25  associated forestry harvesting equipment used by the owner of

26  the truck tractor.

27         (n)  A truck tractor or heavy truck, not operated as a

28  for-hire vehicle, which is engaged exclusively in transporting

29  raw, unprocessed, and nonmanufactured agricultural or

30  horticultural products within a 150-mile radius of its home

31  address, shall be eligible for a restricted license plate for

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1  a fee of $65 flat, if such vehicle's declared gross vehicle

 2  weight is less than 44,000 pounds; or $240 flat, if such

 3  vehicle's declared gross vehicle weight is 44,000 pounds or

 4  more and such vehicle only transports:

 5         1.  From the point of production to the point of

 6  primary manufacture;

 7         2.  From the point of production to the point of

 8  assembling the same; or

 9         3.  From the point of production to a shipping point of

10  either a rail, water, or motor transportation company.

11  

12  Such not-for-hire truck tractors and heavy trucks used

13  exclusively in transporting raw, unprocessed, and

14  nonmanufactured agricultural or horticultural products may be

15  incidentally used to haul farm implements and fertilizers when

16  delivered direct to the growers. The department may require

17  any such documentation deemed necessary to determine

18  eligibility prior to issuance of this license plate. For the

19  purpose of this paragraph, "not-for-hire" means the owner of

20  the motor vehicle must also be the owner of the raw,

21  unprocessed, and nonmanufactured agricultural or horticultural

22  product, or the user of the farm implements and fertilizer

23  being delivered.

24         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

25  WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

26         (a)1.  A semitrailer drawn by a GVW truck tractor by

27  means of a fifth-wheel arrangement: $10 flat per registration

28  year or any part thereof.

29         2.  A semitrailer drawn by a GVW truck tractor by means

30  of a fifth-wheel arrangement: $50 flat per permanent

31  registration.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1         (b)  A motor vehicle equipped with machinery and

 2  designed for the exclusive purpose of well drilling,

 3  excavation, construction, spraying, or similar activity, and

 4  which is not designed or used to transport loads other than

 5  the machinery described above over public roads: $32.50 flat.

 6         (c)  A school bus used exclusively to transport pupils

 7  to and from school or school or church activities or functions

 8  within their own county: $30 flat.

 9         (d)  A wrecker, as defined in s. 320.01(40), which is

10  used to tow a vessel as defined in s. 327.02(36), a disabled,

11  abandoned, stolen-recovered, or impounded motor vehicle as

12  defined in s. 320.01(38), or a replacement motor vehicle as

13  defined in s. 320.01(39): $30 flat.

14         (e)  A wrecker, as defined in s. 320.01(40), which is

15  used to tow any motor vehicle, regardless of whether or not

16  such motor vehicle is a disabled motor vehicle as defined in

17  s. 320.01(38), a replacement motor vehicle as defined in s.

18  320.01(39), a vessel as defined in s. 327.02(36), or any other

19  cargo, as follows:

20         1.  Gross vehicle weight of 10,000 pounds or more, but

21  less than 15,000 pounds:  $87 flat.

22         2.  Gross vehicle weight of 15,000 pounds or more, but

23  less than 20,000 pounds:  $131 flat.

24         3.  Gross vehicle weight of 20,000 pounds or more, but

25  less than 26,000 pounds:  $186 flat.

26         4.  Gross vehicle weight of 26,000 pounds or more, but

27  less than 35,000 pounds:  $240 flat.

28         5.  Gross vehicle weight of 35,000 pounds or more, but

29  less than 44,000 pounds:  $300 flat.

30         6.  Gross vehicle weight of 44,000 pounds or more, but

31  less than 55,000 pounds:  $572 flat.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1         7.  Gross vehicle weight of 55,000 pounds or more, but

 2  less than 62,000 pounds:  $678 flat.

 3         8.  Gross vehicle weight of 62,000 pounds or more, but

 4  less than 72,000 pounds:  $800 flat.

 5         9.  Gross vehicle weight of 72,000 pounds or more:

 6  $979 flat.

 7         (f)  A hearse or ambulance: $30 flat.

 8         (6)  MOTOR VEHICLES FOR HIRE.--

 9         (a)  Under nine passengers: $12.50 flat plus $1 per

10  cwt.

11         (b)  Nine passengers and over: $12.50 flat plus $1.50

12  per cwt.

13         (7)  TRAILERS FOR PRIVATE USE.--

14         (a)  Any trailer weighing 500 pounds or less: $5 flat

15  per year or any part thereof.

16         (b)  Net weight over 500 pounds: $2.50 flat plus 75

17  cents per cwt.

18         (8)  TRAILERS FOR HIRE.--

19         (a)  Net weight under 2,000 pounds: $2.50 flat plus $1

20  per cwt.

21         (b)  Net weight 2,000 pounds or more: $10 flat plus $1

22  per cwt.

23         (9)  RECREATIONAL VEHICLE-TYPE UNITS.--

24         (a)  A travel trailer or fifth-wheel trailer, as

25  defined by s. 320.01(1)(b), that does not exceed 35 feet in

26  length: $20 flat.

27         (b)  A camping trailer, as defined by s.

28  320.01(1)(b)2.: $10 flat.

29         (c)  A motor home, as defined by s. 320.01(1)(b)4.:

30         1.  Net weight of less than 4,500 pounds: $20 flat.

31         2.  Net weight of 4,500 pounds or more: $35 flat.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1         (d)  A truck camper as defined by s. 320.01(1)(b)3.:

 2         1.  Net weight of less than 4,500 pounds: $20 flat.

 3         2.  Net weight of 4,500 pounds or more: $35 flat.

 4         (e)  A private motor coach as defined by s.

 5  320.01(1)(b)5.:

 6         1.  Net weight of less than 4,500 pounds: $20 flat.

 7         2.  Net weight of 4,500 pounds or more: $35 flat.

 8         (10)  PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL

 9  TRAILERS; 35 FEET TO 40 FEET.--

10         (a)  Park trailers.--Any park trailer, as defined in s.

11  320.01(1)(b)7.: $25 flat.

12         (b)  A travel trailer or fifth-wheel trailer, as

13  defined in s. 320.01(1)(b), that exceeds 35 feet: $25 flat.

14         (11)  MOBILE HOMES.--

15         (a)  A mobile home not exceeding 35 feet in length: $20

16  flat.

17         (b)  A mobile home over 35 feet in length, but not

18  exceeding 40 feet: $25 flat.

19         (c)  A mobile home over 40 feet in length, but not

20  exceeding 45 feet: $30 flat.

21         (d)  A mobile home over 45 feet in length, but not

22  exceeding 50 feet: $35 flat.

23         (e)  A mobile home over 50 feet in length, but not

24  exceeding 55 feet: $40 flat.

25         (f)  A mobile home over 55 feet in length, but not

26  exceeding 60 feet: $45 flat.

27         (g)  A mobile home over 60 feet in length, but not

28  exceeding 65 feet: $50 flat.

29         (h)  A mobile home over 65 feet in length: $80 flat.

30         (12)  DEALER AND MANUFACTURER LICENSE PLATES.--A

31  franchised motor vehicle dealer, independent motor vehicle

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1  dealer, marine boat trailer dealer, or mobile home dealer and

 2  manufacturer license plate: $12.50 flat.

 3         (13)  EXEMPT OR OFFICIAL LICENSE PLATES.--Any exempt or

 4  official license plate: $3 flat.

 5         (14)  LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.--A

 6  motor vehicle for hire operated wholly within a city or within

 7  25 miles thereof: $12.50 flat plus $1.50 per cwt.

 8         (15)  TRANSPORTER.--Any transporter license plate

 9  issued to a transporter pursuant to s. 320.133: $75 flat.

10         Section 4.  For the purpose of incorporating the

11  amendments made by this act to section 316.003, Florida

12  Statutes, in a reference thereto, subsection (1) of section

13  320.0801, Florida Statutes, is reenacted to read:

14         320.0801  Additional license tax on certain vehicles.--

15         (1)  In addition to the license taxes specified in s.

16  320.08 and in subsection (2), there is hereby levied and

17  imposed an annual license tax of 10 cents for the operation of

18  a motor vehicle, as defined in s. 320.01, and moped, as

19  defined in s. 316.003(77), which tax shall be paid to the

20  department or its agent upon the registration or renewal of

21  registration of the vehicle. Notwithstanding the provisions of

22  s. 320.20, revenues collected from the tax imposed in this

23  subsection shall be deposited in the Emergency Medical

24  Services Trust Fund and used solely for the purpose of

25  carrying out the provisions of ss. 395.401, 395.4015, 395.404,

26  and 395.4045 and s. 11, chapter 87-399, Laws of Florida.

27         Section 5.  This act shall take effect July 1, 2006.

28  

29  

30  

31  

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1186
    34-875-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Redefines the term "bicycle" to include a "motorized foot
      scooter" and the term "moped" to include a "motorized
 4    scooter" for the purposes of the Uniform Traffic Control
      Law. Provides that a motorized foot scooter is excluded
 5    from the definition of the term "motor vehicle."

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.