1 | A bill to be entitled |
2 | An act relating to trucking; providing a short title; |
3 | defining the term "small trucking firm"; exempting trucks |
4 | owned by small trucking firms from laws that prohibit |
5 | idling; providing for a waiver from the Department of |
6 | Environmental Protection exempting such firms from rules |
7 | and regulations restricting truck washing; providing such |
8 | firms with a tax credit for the costs of idling; providing |
9 | penalties for theft from small trucking firms; creating |
10 | the Trucking Regulation Workgroup to identify certain |
11 | rules and regulations; providing for membership of the |
12 | workgroup; directing the workgroup to make a report to the |
13 | Governor and the Legislature by a certain date; |
14 | authorizing the Department of Transportation to randomly |
15 | inspect trucks and prohibiting the use of target lists for |
16 | such inspections; providing an effective date. |
17 |
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18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
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20 | Section 1. This act may be cited as the "Small Trucker |
21 | Relief Act." |
22 | Section 2. Small trucking firms.- |
23 | (1) As used in this section, the term "small trucking |
24 | firm" means a trucking enterprise that is family owned, has |
25 | fewer than 30 employees, or has fewer than 10 trucks in |
26 | operation. |
27 | (2) Notwithstanding any law to the contrary, a penalty or |
28 | fine may not be assessed for a truck idling, if that truck is |
29 | owned by a small trucking firm. |
30 | (3) Upon application by a small trucking firm, the |
31 | Department of Environmental Protection shall issue the firm a |
32 | waiver that exempts the firm from department rules and |
33 | regulations restricting truck washing and allows the firm to |
34 | wash trucks. |
35 | (4) An annual credit against the corporate tax imposed by |
36 | chapter 220, Florida Statutes, shall be granted to any small |
37 | trucking firm in an amount equal to the cost value of the time |
38 | and amount of fuel consumed while idling. A small trucking firm |
39 | may apply for the tax credit on forms furnished by the |
40 | Department of Revenue. |
41 | (5) A person who engages in the theft of cargo or |
42 | equipment from a small trucking firm commits a felony of the |
43 | second degree, punishable as provided in s. 775.082, s. 775.083, |
44 | or s. 775.084, and, for each occurrence, shall be sentenced to a |
45 | minimum term of 5 years in prison and fined $100,000. |
46 | Section 3. Trucking workgroup.- |
47 | (1) There is created the Trucking Regulation Workgroup. |
48 | (2) The workgroup shall consist of the following members: |
49 | (a) The secretary of the Department of Transportation, or |
50 | the secretary's representative. |
51 | (b) One member, appointed by the Governor, who shall be an |
52 | owner or employee of a small trucker firm as defined in section |
53 | 2. |
54 | (c) One member, appointed by the Governor, who is a member |
55 | of the Florida Trucking Association. |
56 | (3) The workgroup shall identify rules and regulations |
57 | that can be removed without affecting public safety and provide |
58 | a report to the Governor, the President of the Senate, and the |
59 | Speaker of the House of Representatives no later than October 1, |
60 | 2011. |
61 | Section 4. Department of Transportation truck |
62 | inspections.-The Department of Transportation may inspect trucks |
63 | randomly but may not use a target list to determine which trucks |
64 | are inspected. |
65 | Section 5. This act shall take effect July 1, 2011. |