Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 582
       
       
       
       
       
       
                                Barcode 463268                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/AD/2R         .                                
             04/24/2009 02:45 PM       .                                
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       Senator Baker moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 99 and 100
    4  insert:
    5         Section 3. Subsection (3) of section 316.545, Florida
    6  Statutes, is amended to read:
    7         316.545 Weight and load unlawful; special fuel and motor
    8  fuel tax enforcement; inspection; penalty; review.—
    9         (3) Any person who violates the overloading provisions of
   10  this chapter shall be conclusively presumed to have damaged the
   11  highways of this state by reason of such overloading, which
   12  damage is hereby fixed as follows:
   13         (a) When the excess weight is 200 pounds or less than the
   14  maximum herein provided, the penalty shall be $10;
   15         (b) Five cents per pound for each pound of weight in excess
   16  of the maximum herein provided when the excess weight exceeds
   17  200 pounds. However, whenever the gross weight of the vehicle or
   18  combination of vehicles does not exceed the maximum allowable
   19  gross weight, the maximum fine for the first 600 pounds of
   20  unlawful axle weight shall be $10;
   21         (c) For a vehicle equipped with fully functional idle
   22  reduction technology, any penalty shall be calculated by
   23  reducing the actual gross vehicle weight or the internal bridge
   24  weight by the certified weight of the idle-reduction technology
   25  or by 400 pounds, whichever is less. The vehicle operator must
   26  present written certification of the weight of the idle
   27  reduction technology and must demonstrate or certify that the
   28  idle-reduction technology is fully functional at all times. This
   29  calculation is not allowed for vehicles described in s.
   30  316.535(6);
   31         (d)(c) An apportioned motor vehicle, as defined in s.
   32  320.01, operating on the highways of this state without being
   33  properly licensed and registered shall be subject to the
   34  penalties as herein provided; and
   35  (e)(d) Vehicles operating on the highways of this state from
   36  nonmember International Registration Plan jurisdictions which
   37  are not in compliance with the provisions of s. 316.605 shall be
   38  subject to the penalties as herein provided.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41         And the title is amended as follows:
   42         Between lines 18 and 19
   43  insert:
   44  amending s. 316.545, F.S.; providing for a reduction in the
   45  gross weight of certain vehicles equipped with idle-reduction
   46  technologies when calculating a penalty for exceeding maximum
   47  weight limits; requiring the operator to provide certification
   48  of the weight of the idle-reduction technology and to
   49  demonstrate or certify that the idle-reduction technology is
   50  fully functional at all times;