Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 220
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2015           .                                

       The Committee on Transportation (Simpson) recommended the
    1         Senate Amendment (with title amendment)
    3         Before line 16
    4  insert:
    5         Section 1. Subsection (1) and paragraph (a) of subsection
    6  (2) of section 316.545, Florida Statutes, are amended to read:
    7         316.545 Weight and load unlawful; special fuel and motor
    8  fuel tax enforcement; inspection; penalty; review.—
    9         (1) Any officer of the Florida Highway Patrol having reason
   10  to believe that the weight of a vehicle and load is unlawful is
   11  authorized to require the driver to stop and submit to a
   12  weighing of the same by means of either portable or fixed scales
   13  and may require that such vehicle be driven to the nearest weigh
   14  station or public scales, provided such a facility is within 5
   15  highway miles. Upon a request by the vehicle driver, the officer
   16  shall weigh the vehicle at fixed scales rather than by portable
   17  scales if such a facility is available within 5 highway miles.
   18  Anyone who refuses to submit to such weighing obstructs an
   19  officer pursuant to s. 843.02 and is guilty of a misdemeanor of
   20  the first degree, punishable as provided in s. 775.082 or s.
   21  775.083. Anyone who knowingly and willfully resists, obstructs,
   22  or opposes a weight and safety officer while refusing to submit
   23  to such weighing by resisting the officer with violence to the
   24  officer’s person pursuant to s. 843.01 is guilty of a felony of
   25  the third degree, punishable as provided in s. 775.082, s.
   26  775.083, or s. 775.084.
   27         (2)(a) Whenever an officer of the Florida Highway Patrol or
   28  weight inspector of the Department of Transportation, upon
   29  weighing a vehicle or combination of vehicles with load,
   30  determines that the axle weight or gross weight is unlawful, the
   31  officer may require the driver to stop the vehicle in a suitable
   32  place and remain standing until a determination can be made as
   33  to the amount of weight thereon and, if overloaded, the amount
   34  of penalty to be assessed as provided herein. However, any gross
   35  weight over and beyond 6,000 pounds beyond the maximum herein
   36  set shall be unloaded and all material so unloaded shall be
   37  cared for by the owner or operator of the vehicle at the risk of
   38  such owner or operator. Except as otherwise provided in this
   39  chapter, to facilitate compliance with and enforcement of the
   40  weight limits established in s. 316.535, weight tables published
   41  pursuant to s. 316.535(7) shall include a 10-percent scale
   42  tolerance and shall thereby reflect the maximum scaled weights
   43  allowed any vehicle or combination of vehicles. As used in this
   44  section, scale tolerance means the allowable deviation from
   45  legal weights established in s. 316.535. Notwithstanding any
   46  other provision of the weight law, if a vehicle or combination
   47  of vehicles does not exceed the gross, external bridge, or
   48  internal bridge weight limits imposed in s. 316.535 and the
   49  driver of such vehicle or combination of vehicles can comply
   50  with the requirements of this chapter by shifting or equalizing
   51  the load on all wheels or axles and does so when requested by
   52  the proper authority, the driver shall not be held to be
   53  operating in violation of said weight limits. When a driver is
   54  issued a citation for exceeding the weight limits established in
   55  s. 316.535 as determined by means of portable scales, the driver
   56  may request to proceed to the nearest fixed scale at an official
   57  weigh station or at a certified public scale for verification of
   58  weight. The officer who issued the citation must escort the
   59  driver at all times and must attend the reweighing. If the
   60  vehicle or combination of vehicles is found to be in compliance
   61  with the weight requirements of this chapter at the fixed scale,
   62  the citation is void.
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete line 3
   67  and insert:
   68         Board; amending s. 316.545, F.S.; deleting a provision
   69         authorizing any officer of the Florida Highway Patrol
   70         to require that a vehicle be driven to the nearest
   71         weigh station or public scales under certain
   72         circumstances; deleting a provision requiring the
   73         officer to weigh the vehicle at fixed scales rather
   74         than by portable scales upon a request by the vehicle
   75         driver under certain circumstances; authorizing a
   76         driver to request to proceed to the nearest fixed
   77         scale at an official weigh station or a certified
   78         public scale when he or she is issued a citation for
   79         exceeding weight limits; requiring the officer issuing
   80         the citation to escort the driver and attend the
   81         reweighing; voiding the citation if the vehicle or
   82         combination of vehicles is found to be in compliance
   83         with certain weight requirements; revising the