Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1100
       
       
       
       
       
       
                                Barcode 162508                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/22/2009 10:09 AM       .                                
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 600 - 601
    4  and insert:
    5         Section 15. Subsection (86) is added to section 316.003,
    6  Florida Statutes, to read:
    7         316.003 Definitions.—The following words and phrases, when
    8  used in this chapter, shall have the meanings respectively
    9  ascribed to them in this section, except where the context
   10  otherwise requires:
   11         (86)TRI-VEHICLE.—An enclosed three-wheeled passenger
   12  vehicle that is designed to operate with three wheels in contact
   13  with the ground; has a minimum unladen weight of 900 pounds; has
   14  a single, completely enclosed occupant compartment; is produced
   15  by its manufacturer in a minimum quantity of 300 in any calendar
   16  year; and is equipped with:
   17         (a) Seats certified by the vehicle manufacturer to meet the
   18  requirements of Federal Motor Vehicle Safety Standard No. 207,
   19  “Seating systems,” as described in 49 C.F.R. s. 571.207.
   20         (b) A steering wheel used to maneuver the vehicle.
   21         (c) A propulsion unit located forward or aft of the
   22  enclosed occupant compartment.
   23         (d) A seat belt for each vehicle occupant which is
   24  certified to meet the requirements of Federal Motor Vehicle
   25  Safety Standard No. 209, “Seat belt assemblies,” as described in
   26  49 C.F.R. s. 571.209.
   27         (e) A windshield and appropriate windshield wiper and
   28  washer system certified by the vehicle manufacturer to meet the
   29  requirements of Federal Motor Vehicle Safety Standard No. 205,
   30  “Glazing materials,” as described in 49 C.F.R. s. 571.205 and
   31  Federal Motor Vehicle Safety Standard No. 104, “Windshield
   32  wiping and washing systems,” as described in 49 C.F.R. s.
   33  571.104.
   34         (f) A vehicle structure certified by the vehicle
   35  manufacturer to meet the requirements of Federal Motor Vehicle
   36  Safety Standard No. 216, “Rollover crush resistance,” as
   37  described in 49 C.F.R. s. 571.216.
   38         Section 16. Paragraph (b) of subsection (1) of section
   39  316.0741, Florida Statutes, is amended to read:
   40         316.0741 High-occupancy-vehicle lanes.—
   41         (1) As used in this section, the term:
   42         (b) “Hybrid vehicle” means a motor vehicle:
   43         1. That draws propulsion energy from onboard sources of
   44  stored energy which are both an internal combustion or heat
   45  engine using combustible fuel and a rechargeable energy-storage
   46  system; and
   47         2. That, in the case of a passenger automobile or light
   48  truck, has received a certificate of conformity under the Clean
   49  Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
   50  equivalent qualifying California standards for a low-emission
   51  vehicle.
   52         3.That, in the case of a tri-vehicle, is an inherently
   53  low-emission vehicle (ILEV) in accordance with paragraph (4).
   54         Section 17. Section 320.08, Florida Statutes, is amended to
   55  read:
   56         320.08 License taxes.—Except as otherwise provided herein,
   57  there are hereby levied and imposed annual license taxes for the
   58  operation of motor vehicles, mopeds, motorized bicycles as
   59  defined in s. 316.003(2), tri-vehicles, and mobile homes, as
   60  defined in s. 320.01, which shall be paid to and collected by
   61  the department or its agent upon the registration or renewal of
   62  registration of the following:
   63         (1) MOTORCYCLES AND MOPEDS.—
   64         (a) Any motorcycle: $10 flat.
   65         (b) Any moped: $5 flat.
   66         (c) Upon registration of any motorcycle, motor-driven
   67  cycle, or moped there shall be paid in addition to the license
   68  taxes specified in this subsection a nonrefundable motorcycle
   69  safety education fee in the amount of $2.50. The proceeds of
   70  such additional fee shall be deposited in the Highway Safety
   71  Operating Trust Fund to fund a motorcycle driver improvement
   72  program implemented pursuant to s. 322.025, the Florida
   73  Motorcycle Safety Education Program established in s. 322.0255,
   74  or the general operations of the department.
   75         (d) An ancient or antique motorcycle: $10 flat.
   76         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
   77         (a) An ancient or antique automobile, as defined in s.
   78  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
   79         (b) Net weight of less than 2,500 pounds: $14.50 flat.
   80         (c) Net weight of 2,500 pounds or more, but less than 3,500
   81  pounds: $22.50 flat.
   82         (d) Net weight of 3,500 pounds or more: $32.50 flat.
   83         (3) TRUCKS.—
   84         (a) Net weight of less than 2,000 pounds: $14.50 flat.
   85         (b) Net weight of 2,000 pounds or more, but not more than
   86  3,000 pounds: $22.50 flat.
   87         (c) Net weight more than 3,000 pounds, but not more than
   88  5,000 pounds: $32.50 flat.
   89         (d) A truck defined as a “goat,” or any other vehicle when
   90  used in the field by a farmer or in the woods for the purpose of
   91  harvesting a crop, including naval stores, during such
   92  harvesting operations, and which is not principally operated
   93  upon the roads of the state: $7.50 flat. A “goat” is a motor
   94  vehicle designed, constructed, and used principally for the
   95  transportation of citrus fruit within citrus groves or for the
   96  transportation of crops on farms, and which can also be used for
   97  the hauling of associated equipment or supplies, including
   98  required sanitary equipment, and the towing of farm trailers.
   99         (e) An ancient or antique truck, as defined in s. 320.086:
  100  $7.50 flat.
  101         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  102  VEHICLE WEIGHT.—
  103         (a) Gross vehicle weight of 5,001 pounds or more, but less
  104  than 6,000 pounds: $45 flat.
  105         (b) Gross vehicle weight of 6,000 pounds or more, but less
  106  than 8,000 pounds: $65 flat.
  107         (c) Gross vehicle weight of 8,000 pounds or more, but less
  108  than 10,000 pounds: $76 flat.
  109         (d) Gross vehicle weight of 10,000 pounds or more, but less
  110  than 15,000 pounds: $87 flat.
  111         (e) Gross vehicle weight of 15,000 pounds or more, but less
  112  than 20,000 pounds: $131 flat.
  113         (f) Gross vehicle weight of 20,000 pounds or more, but less
  114  than 26,001 pounds: $186 flat.
  115         (g) Gross vehicle weight of 26,001 pounds or more, but less
  116  than 35,000: $240 flat.
  117         (h) Gross vehicle weight of 35,000 pounds or more, but less
  118  than 44,000 pounds: $300 flat.
  119         (i) Gross vehicle weight of 44,000 pounds or more, but less
  120  than 55,000 pounds: $572 flat.
  121         (j) Gross vehicle weight of 55,000 pounds or more, but less
  122  than 62,000 pounds: $678 flat.
  123         (k) Gross vehicle weight of 62,000 pounds or more, but less
  124  than 72,000 pounds: $800 flat.
  125         (l) Gross vehicle weight of 72,000 pounds or more: $979
  126  flat.
  127         (m) Notwithstanding the declared gross vehicle weight, a
  128  truck tractor used within a 150-mile radius of its home address
  129  shall be eligible for a license plate for a fee of $240 flat if:
  130         1. The truck tractor is used exclusively for hauling
  131  forestry products; or
  132         2. The truck tractor is used primarily for the hauling of
  133  forestry products, and is also used for the hauling of
  134  associated forestry harvesting equipment used by the owner of
  135  the truck tractor.
  136         (n) A truck tractor or heavy truck, not operated as a for
  137  hire vehicle, which is engaged exclusively in transporting raw,
  138  unprocessed, and nonmanufactured agricultural or horticultural
  139  products within a 150-mile radius of its home address, shall be
  140  eligible for a restricted license plate for a fee of $65 flat,
  141  if such vehicle’s declared gross vehicle weight is less than
  142  44,000 pounds; or $240 flat, if such vehicle’s declared gross
  143  vehicle weight is 44,000 pounds or more and such vehicle only
  144  transports:
  145         1. From the point of production to the point of primary
  146  manufacture;
  147         2. From the point of production to the point of assembling
  148  the same; or
  149         3. From the point of production to a shipping point of
  150  either a rail, water, or motor transportation company.
  151  
  152  Such not-for-hire truck tractors and heavy trucks used
  153  exclusively in transporting raw, unprocessed, and
  154  nonmanufactured agricultural or horticultural products may be
  155  incidentally used to haul farm implements and fertilizers when
  156  delivered direct to the growers. The department may require any
  157  such documentation deemed necessary to determine eligibility
  158  prior to issuance of this license plate. For the purpose of this
  159  paragraph, “not-for-hire” means the owner of the motor vehicle
  160  must also be the owner of the raw, unprocessed, and
  161  nonmanufactured agricultural or horticultural product, or the
  162  user of the farm implements and fertilizer being delivered.
  163         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  164  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  165         (a)1. A semitrailer drawn by a GVW truck tractor by means
  166  of a fifth-wheel arrangement: $10 flat per registration year or
  167  any part thereof.
  168         2. A semitrailer drawn by a GVW truck tractor by means of a
  169  fifth-wheel arrangement: $50 flat per permanent registration.
  170         (b) A motor vehicle equipped with machinery and designed
  171  for the exclusive purpose of well drilling, excavation,
  172  construction, spraying, or similar activity, and which is not
  173  designed or used to transport loads other than the machinery
  174  described above over public roads: $32.50 flat.
  175         (c) A school bus used exclusively to transport pupils to
  176  and from school or school or church activities or functions
  177  within their own county: $30 flat.
  178         (d) A wrecker, as defined in s. 320.01(40), which is used
  179  to tow a vessel as defined in s. 327.02(39), a disabled,
  180  abandoned, stolen-recovered, or impounded motor vehicle as
  181  defined in s. 320.01(38), or a replacement motor vehicle as
  182  defined in s. 320.01(39): $30 flat.
  183         (e) A wrecker, as defined in s. 320.01(40), which is used
  184  to tow any motor vehicle, regardless of whether or not such
  185  motor vehicle is a disabled motor vehicle as defined in s.
  186  320.01(38), a replacement motor vehicle as defined in s.
  187  320.01(39), a vessel as defined in s. 327.02(39), or any other
  188  cargo, as follows:
  189         1. Gross vehicle weight of 10,000 pounds or more, but less
  190  than 15,000 pounds: $87 flat.
  191         2. Gross vehicle weight of 15,000 pounds or more, but less
  192  than 20,000 pounds: $131 flat.
  193         3. Gross vehicle weight of 20,000 pounds or more, but less
  194  than 26,000 pounds: $186 flat.
  195         4. Gross vehicle weight of 26,000 pounds or more, but less
  196  than 35,000 pounds: $240 flat.
  197         5. Gross vehicle weight of 35,000 pounds or more, but less
  198  than 44,000 pounds: $300 flat.
  199         6. Gross vehicle weight of 44,000 pounds or more, but less
  200  than 55,000 pounds: $572 flat.
  201         7. Gross vehicle weight of 55,000 pounds or more, but less
  202  than 62,000 pounds: $678 flat.
  203         8. Gross vehicle weight of 62,000 pounds or more, but less
  204  than 72,000 pounds: $800 flat.
  205         9. Gross vehicle weight of 72,000 pounds or more: $979
  206  flat.
  207         (f) A hearse or ambulance: $30 flat.
  208         (6) MOTOR VEHICLES FOR HIRE.—
  209         (a) Under nine passengers: $12.50 flat plus $1 per cwt.
  210         (b) Nine passengers and over: $12.50 flat plus $1.50 per
  211  cwt.
  212         (7) TRAILERS FOR PRIVATE USE.—
  213         (a) Any trailer weighing 500 pounds or less: $5 flat per
  214  year or any part thereof.
  215         (b) Net weight over 500 pounds: $2.50 flat plus 75 cents
  216  per cwt.
  217         (8) TRAILERS FOR HIRE.—
  218         (a) Net weight under 2,000 pounds: $2.50 flat plus $1 per
  219  cwt.
  220         (b) Net weight 2,000 pounds or more: $10 flat plus $1 per
  221  cwt.
  222         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  223         (a) A travel trailer or fifth-wheel trailer, as defined by
  224  s. 320.01(1)(b), that does not exceed 35 feet in length: $20
  225  flat.
  226         (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
  227  flat.
  228         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  229         1. Net weight of less than 4,500 pounds: $20 flat.
  230         2. Net weight of 4,500 pounds or more: $35 flat.
  231         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  232         1. Net weight of less than 4,500 pounds: $20 flat.
  233         2. Net weight of 4,500 pounds or more: $35 flat.
  234         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  235         1. Net weight of less than 4,500 pounds: $20 flat.
  236         2. Net weight of 4,500 pounds or more: $35 flat.
  237         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  238  35 FEET TO 40 FEET.—
  239         (a) Park trailers.—Any park trailer, as defined in s.
  240  320.01(1)(b)7.: $25 flat.
  241         (b) A travel trailer or fifth-wheel trailer, as defined in
  242  s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
  243         (11) MOBILE HOMES.—
  244         (a) A mobile home not exceeding 35 feet in length: $20
  245  flat.
  246         (b) A mobile home over 35 feet in length, but not exceeding
  247  40 feet: $25 flat.
  248         (c) A mobile home over 40 feet in length, but not exceeding
  249  45 feet: $30 flat.
  250         (d) A mobile home over 45 feet in length, but not exceeding
  251  50 feet: $35 flat.
  252         (e) A mobile home over 50 feet in length, but not exceeding
  253  55 feet: $40 flat.
  254         (f) A mobile home over 55 feet in length, but not exceeding
  255  60 feet: $45 flat.
  256         (g) A mobile home over 60 feet in length, but not exceeding
  257  65 feet: $50 flat.
  258         (h) A mobile home over 65 feet in length: $80 flat.
  259         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  260  motor vehicle dealer, independent motor vehicle dealer, marine
  261  boat trailer dealer, or mobile home dealer and manufacturer
  262  license plate: $12.50 flat.
  263         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  264  official license plate: $3 flat.
  265         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  266  vehicle for hire operated wholly within a city or within 25
  267  miles thereof: $12.50 flat plus $1.50 per cwt.
  268         (15) TRANSPORTER.—Any transporter license plate issued to a
  269  transporter pursuant to s. 320.133: $75 flat.
  270         Section 18. Subsection (26) of section 322.01, Florida
  271  Statutes, is amended, and subsection (46) is added to that
  272  section, to read:
  273         322.01 Definitions.—As used in this chapter:
  274         (26) “Motorcycle” means a motor vehicle powered by a motor
  275  with a displacement of more than 50 cubic centimeters, having a
  276  seat or saddle for the use of the rider, and designed to travel
  277  on not more than three wheels in contact with the ground, but
  278  excluding a tractor, or moped, or tri-vehicle.
  279         (46)“Tri-vehicle” means an enclosed three-wheeled
  280  passenger vehicle that is designed to operate with three wheels
  281  in contact with the ground; has a minimum unladen weight of 900
  282  pounds; has a single, completely enclosed occupant compartment;
  283  is produced by its manufacturer in a minimum quantity of 300 in
  284  any calendar year; and is equipped with:
  285         (a) Seats certified by the vehicle manufacturer to meet the
  286  requirements of Federal Motor Vehicle Safety Standard No. 207,
  287  “Seating systems,” as described in 49 C.F.R. s. 571.207.
  288         (b) A steering wheel used to maneuver the vehicle.
  289         (c) A propulsion unit located forward or aft of the
  290  enclosed occupant compartment.
  291         (d) A seat belt for each vehicle occupant which is
  292  certified to meet the requirements of Federal Motor Vehicle
  293  Safety Standard No. 209, “Seat belt assemblies,” as described in
  294  49 C.F.R. s. 571.209.
  295         (e) A windshield and appropriate windshield wiper and
  296  washer system certified by the vehicle manufacturer to meet the
  297  requirements of Federal Motor Vehicle Safety Standard No. 205,
  298  “Glazing materials,” as described in 49 C.F.R. s. 571.205 and
  299  Federal Motor Vehicle Safety Standard No. 104, “Windshield
  300  wiping and washing systems,” as described in 49 C.F.R. s.
  301  571.104.
  302         (f) A vehicle structure certified by the vehicle
  303  manufacturer to meet the requirements of Federal Motor Vehicle
  304  Safety Standard No. 216, “Rollover crush resistance,” as
  305  described in 49 C.F.R. s. 571.216.
  306         Section 19. Except as otherwise expressly provided in this
  307  601 act, this act shall take effect upon becoming a law.
  308  
  309  
  310  ================= T I T L E A M E N D M E N T ================
  311  And the title is amended as follows:
  312  
  313         Delete lines 61 - 62
  314  and insert:
  315         vehicle for certain violations; amending s. 316.003,
  316         F.S.; defining the term “tri-vehicle”; amending s.
  317         316.0741, F.S.; expanding the definition of “hybrid
  318         vehicle” to include certain tri-vehicles; amending s.
  319         320.08, F.S.; including tri-vehicles among the types
  320         of vehicles upon which annual license taxes are
  321         levied; amending s. 322.01, F.S.; defining the term
  322         “tri-vehicle”; excluding tri-vehicles from the
  323         definition of “motorcycle”; providing effective dates.