| 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. |