Florida Senate - 2011                                    SB 1912
       
       
       
       By Senator Evers
       
       
       
       
       2-01262-11                                            20111912__
    1                        A bill to be entitled                      
    2         An act relating to trucking; providing a short title;
    3         defining the term “small trucking firm”; providing for
    4         the county tax collector to act as an agent of the
    5         Department of Highway Safety and Motor Vehicles for
    6         the issuance of certain commercial driver’s licenses
    7         and registration tags; exempting trucks owned by small
    8         trucking firms from laws that prohibit idling;
    9         providing for a waiver from the Department of
   10         Environmental Protection exempting such firms from
   11         rules and regulations restricting truck washing;
   12         providing such firms with a tax credit for the costs
   13         of idling; providing penalties for theft from small
   14         trucking firms; creating the Trucking Regulation
   15         Workgroup to identify certain rules and regulations;
   16         providing for membership of the workgroup; directing
   17         the workgroup to make a report to the Governor and the
   18         Legislature by a certain date; authorizing the
   19         Department of Transportation to randomly inspect
   20         trucks and prohibiting the use of target lists for
   21         such inspections; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. This act may be cited as the “Small Trucker
   26  Relief Act.”
   27         Section 2. Small trucking firms.—
   28         (1) As used in this section, the term “small trucking firm”
   29  means a trucking enterprise that is family owned, has fewer than
   30  30 employees, or has fewer than 10 trucks in operation.
   31         (2) The county tax collector’s office shall act as agent
   32  for the Department of Highway Safety and Motor Vehicles in the
   33  issuance and renewal issuance of:
   34         (a) Registration license plates for trucks owned by small
   35  trucking firms.
   36         (b) Commercial driver’s licenses for employees of small
   37  trucking firms.
   38         (3) Notwithstanding any law to the contrary, a penalty or
   39  fine may not be assessed for a truck idling, if that truck is
   40  owned by a small trucking firm.
   41         (4) Upon application by a small trucking firm, the
   42  Department of Environmental Protection shall issue the firm a
   43  waiver that exempts the firm from department rules and
   44  regulations restricting truck washing and allows the firm to
   45  wash trucks.
   46         (5) An annual credit against the corporate tax imposed by
   47  chapter 220, Florida Statutes, shall be granted to any small
   48  trucking firm in an amount equal to the cost value of the time
   49  and amount of fuel consumed while idling. A small trucking firm
   50  may apply for the tax credit on forms furnished by the
   51  Department of Revenue.
   52         (6) A person who engages in the theft of cargo or equipment
   53  from a small trucking firm commits a felony of the second
   54  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   55  775.084, Florida Statutes, and, for each occurrence, shall be
   56  sentenced to a minimum term of 5 years in prison and fined
   57  $100,000.
   58         Section 3. Trucking workgroup.—
   59         (1) There is created the Trucking Regulation Workgroup.
   60         (2) The workgroup shall consist of the following members:
   61         (a) The Secretary of Transportation, or the secretary’s
   62  representative.
   63         (b) One member, appointed by the Governor, who shall be an
   64  owner or employee of a small trucking firm as defined in section
   65  2.
   66         (c) One member, appointed by the Governor, who is a member
   67  of the Florida Trucking Association.
   68         (3) The workgroup shall identify rules and regulations that
   69  can be removed without affecting public safety and provide a
   70  report to the Governor, the President of the Senate, and the
   71  Speaker of the House of Representatives no later than October 1,
   72  2011.
   73         Section 4. Department of Transportation truck inspections.
   74  The Department of Transportation may inspect trucks randomly but
   75  may not use a target list to determine which trucks are
   76  inspected.
   77         Section 5. This act shall take effect July 1, 2011.