Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS for CS for SB 1100 Barcode 162508 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/22/2009 10:09 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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,ormoped, 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.