CODING: Words stricken are deletions; words underlined are additions.House Bill 0527
Florida House of Representatives - 1997 HB 527
By Representative Stabins
1 A bill to be entitled
2 An act relating to motor vehicle license
3 plates; amending s. 316.515, F.S.; changing
4 exemptions from maximum width, height, and
5 length requirements for wreckers; amending s.
6 320.01, F.S.; providing definitions; amending
7 s. 320.06, F.S.; requiring the word "wrecker"
8 to be printed on certain license plates;
9 amending s. 320.08, F.S.; revising license tax
10 requirements for wreckers; creating s.
11 320.0821, F.S.; providing requirements for
12 wrecker license plates; amending s. 206.877,
13 F.S., to conform a cross reference; providing
14 an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (8) of section 316.515, Florida
19 Statutes, is amended to read:
20 316.515 Maximum width, height, length.--
21 (8) WRECKERS.--The limitations imposed by this section
22 do not apply to:
23 (a) A combination of motor vehicles consisting of a
24 wrecker licensed in accordance with s. 320.08(5)(d) and (e)
25 and a disabled motor vehicle, trailer, semitrailer, or
26 tractor-trailer combination, or a replacement motor vehicle,
27 which is under tow by the wrecker to a nearby authorized
28 repair service, if the size and weight of the towed vehicle is
29 consistent with statutory requirements or if any nonconforming
30 vehicle being towed is otherwise operating under a current
31 special use permit or permits. Any disabled tractor-trailer
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1 combination, including any disabled combination under a
2 special use permit, must be moved or towed to the nearest
3 repair service designated by the tractor-trailer owner or
4 motor carrier within a radius of 150 miles from the location
5 where the tractor-trailer combination became disabled.
6 (b) A combination of motor vehicles consisting of a
7 wrecker licensed in accordance with s. 320.08(5)(e), including
8 a wrecker licensed under the International Registration Plan,
9 and a disabled motor vehicle, trailer, semitrailer,
10 tractor-trailer combination, or a replacement motor vehicle,
11 which is under tow by the wrecker, if the size and weight of
12 the towed vehicle is consistent with statutory requirements or
13 if any nonconforming vehicle being towed is otherwise
14 operating under a special use permit or permits. Any disabled
15 tractor-trailer combination, including any combination under a
16 special use permit, must be moved or towed to the nearest
17 repair service designated by the tractor-trailer owner or
18 motor carrier within a radius of 150 miles from the location
19 where the tractor-trailer combination became disabled.
20 (c) A combination of motor vehicles consisting of a
21 wrecker licensed in accordance with s. 320.08(5)(d) or (e) and
22 a nondisabled tractor-trailer combination which is under tow
23 by the wrecker, if the tractor-trailer combination is being
24 towed by the wrecker in an emergency situation or as directed
25 by a law enforcement officer. No wrecker shall tow a
26 nondisabled tractor-trailer combination except in an emergency
27 situation or as directed by a law enforcement officer.
28 Section 2. Subsections (38), (39), (40), and (41) are
29 added to section 320.01, Florida Statutes, 1996 Supplement, to
30 read:
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1 320.01 Definitions, general.--As used in the Florida
2 Statutes, except as otherwise provided, the term:
3 (38) "Disabled motor vehicle" means any motor vehicle
4 as defined in subsection (1) which is not operable under its
5 own motive power, excluding a nondisabled trailer or
6 semitrailer, or any motor vehicle that is unsafe for operation
7 upon the highways of this state.
8 (39) "Replacement motor vehicle" means any motor
9 vehicle as defined in subsection (1) under tow by a wrecker to
10 the location of a disabled motor vehicle for the purpose of
11 replacing the disabled motor vehicle, thereby permitting the
12 transfer of the disabled motor vehicle's operator, passengers,
13 and load to an operable motor vehicle.
14 (40) "Wrecker" means any motor vehicle that is used to
15 tow, carry, or otherwise transport motor vehicles and that is
16 equipped for that purpose with a boom, winch, car carrier, or
17 other similar equipment.
18 (41) "Tow" means to pull or draw any motor vehicle
19 with a power unit by means of a direct attachment, drawbar, or
20 other connection or to carry a motor vehicle on a power unit
21 designed to transport such vehicle from one location to
22 another.
23 Section 3. Paragraph (a) of subsection (3) of section
24 320.06, Florida Statutes, 1996 Supplement, is amended to read:
25 320.06 Registration certificates, license plates, and
26 validation stickers generally.--
27 (3)(a) Registration license plates shall be of metal
28 specially treated with a retroreflective material, as
29 specified by the department. The registration license plate is
30 designed to increase nighttime visibility and legibility and
31 shall be at least 6 inches wide and not less than 12 inches in
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1 length, unless a plate with reduced dimensions is deemed
2 necessary by the department to accommodate motorcycles,
3 mopeds, or similar smaller vehicles. Validation stickers shall
4 be treated with a retroreflective material, shall be of such
5 size as specified by the department, and shall adhere to the
6 license plate. The registration license plate shall be
7 imprinted with a combination of bold letters and numerals or
8 numerals, not to exceed seven digits, to identify the
9 registration license plate number. The license plate shall
10 also be imprinted with the word "Florida" at the top and the
11 name of the county in which it is sold at the bottom, except
12 that apportioned license plates shall have the word
13 "Apportioned" at the bottom and license plates issued for
14 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b)
15 or, (c), or (d), (12), or (14) shall have the word
16 "Restricted" at the bottom. License plates issued for vehicles
17 taxed under s. 320.08(12) must be imprinted with the word
18 "Florida" at the top and the word "Dealer" at the bottom,
19 except that gross-vehicle-weight vehicles owned by a licensed
20 motor vehicle dealer may be issued a license plate with the
21 word "Restricted." License plates issued for vehicles taxed
22 under s. 320.08(5)(d) or (e) must be imprinted with the word
23 "Wrecker" at the bottom. Any county may, upon majority vote
24 of the county commission, elect to have the county name
25 removed from the license plates sold in that county. The words
26 "Sunshine State" shall be printed in lieu thereof. In those
27 counties where the county commission has not removed the
28 county name from the license plate the tax collector may, in
29 addition to issuing license plates with the county name
30 printed on the license plate, also issue license plates with
31 the words "Sunshine State" printed on the license plate
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1 subject to the approval of the department and a legislative
2 appropriation for the additional license plates. A license
3 plate issued for a vehicle taxed under s. 320.08(6) may not be
4 assigned a registration license number, or be issued with any
5 other distinctive character or designation, that distinguishes
6 the motor vehicle as a for-hire motor vehicle.
7 Section 4. Paragraph (d) of subsection (5) of section
8 320.08, Florida Statutes, 1996 Supplement, is amended, present
9 paragraph (e) is redesignated as paragraph (f), and a new
10 paragraph (e) is added to said subsection, to read:
11 320.08 License taxes.--Except as otherwise provided
12 herein, there are hereby levied and imposed annual license
13 taxes for the operation of motor vehicles, mopeds, motorized
14 bicycles as defined in s. 316.003(2), and mobile homes, as
15 defined in s. 320.01, which shall be paid to and collected by
16 the department or its agent upon the registration or renewal
17 of registration of the following:
18 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE
19 WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
20 (d) A wrecker, as defined in s. 320.01(40), which is
21 used to tow a disabled motor vehicle as defined in s.
22 320.01(38) or a replacement motor vehicle as defined in s.
23 320.01(39): $100 flat. A motor vehicle operated solely as a
24 wrecker, owned and operated by a garage in connection with its
25 regular business: $30 flat.
26 (e) A wrecker, as defined in s. 320.01(40), which is
27 used to tow any motor vehicle, regardless of whether or not
28 such motor vehicle is a disabled motor vehicle as defined in
29 s. 320.01(38) or a replacement motor vehicle as defined in s.
30 320.01(39), as follows:
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1 1. Gross vehicle weight of 10,000 pounds or more, but
2 less than 15,000 pounds: $87 flat.
3 2. Gross vehicle weight of 15,000 pounds or more, but
4 less than 20,000 pounds: $131 flat.
5 3. Gross vehicle weight of 20,000 pounds or more, but
6 less than 26,000 pounds: $186 flat.
7 4. Gross vehicle weight of 26,000 pounds or more, but
8 less than 35,000 pounds: $240 flat.
9 5. Gross vehicle weight of 35,000 pounds or more, but
10 less than 44,000 pounds: $300 flat.
11 6. Gross vehicle weight of 44,000 pounds or more, but
12 less than 55,000 pounds: $572 flat.
13 7. Gross vehicle weight of 55,000 pounds or more, but
14 less than 62,000 pounds: $678 flat.
15 8. Gross vehicle weight of 62,000 pounds or more, but
16 less than 72,000 pounds: $800 flat.
17 9. Gross vehicle weight of 72,000 pounds or more:
18 $979 flat.
19 (f)(e) A hearse or ambulance: $30 flat.
20 Section 5. Section 320.0821, Florida Statutes, is
21 created to read:
22 320.0821 Wrecker license plates.--
23 (1) The department shall issue a wrecker license plate
24 to the owner of any motor vehicle that is used to tow, carry,
25 or otherwise transport motor vehicles and that is equipped for
26 that purpose with a boom, winch, carrier, or other similar
27 equipment, except a motor vehicle registered under the
28 International Registration Plan, upon application and payment
29 of the appropriate license tax and fees in accordance with s.
30 320.08(5)(d) or (e).
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1 (2) A license plate issued under this section shall
2 have the word "Wrecker" imprinted on the bottom of the plate
3 in place of the county name.
4 (3) Any license plate issued under s. 320.08(5)(e)
5 shall be in a distinctive color approved by the department.
6 (4) For any license plate issued under this section to
7 any wrecker, when the combined gross vehicle weight of the
8 wrecker and any towed vehicle or vehicles is 55,000 pounds or
9 more, at the time of registration or renewal of registration,
10 every owner or person in charge of such wrecker shall present
11 proof of filing or proof of payment, as applicable, of the
12 federal heavy vehicle use tax in accordance with s. 320.02(7).
13 Section 6. Paragraph (a) of subsection (1) of section
14 206.877, Florida Statutes, is amended to read:
15 206.877 Motor vehicles fueled by liquefied petroleum
16 gas or compressed natural gas; payment of annual decal fees in
17 lieu of tax.--
18 (1) The tax imposed by s. 206.87 does not apply to
19 motor vehicles licensed in this state pursuant to chapter 320
20 which are powered by alternative fuels and for which valid
21 decals have been acquired as provided in this section.
22 (a) The owners or operators of such vehicles shall, in
23 lieu of the excise tax imposed by this part, pay an annual
24 decal fee on each such motor vehicle in accordance with the
25 following rate schedule:
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1 State Fee:
2 Fee for each
3 tenth of a
4 cent of tax Fee for each cent
5 imposed by of tax imposed
6 s. 206.87(1) by s. 206.87(1)
7 Class Vehicle License Category (a) and (d) (b) and (c)
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9 A Vehicles licensed $1.10 $11
10 pursuant to s.
11 320.08(1), (2),
12 (3)(a)-(c), (e), (6)(a),
13 and (9)(c)1.
14 B Vehicles licensed $1.50 $15
15 pursuant to s.
16 320.08(5)(b)-(f)(e),
17 (6)(b), (9)(c)2., and
18 (14).
19 C Vehicles licensed $2.10 $21
20 pursuant to s.
21 320.08(4).
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23 Section 7. This act shall take effect upon becoming a
24 law.
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2 HOUSE SUMMARY
3
Revises exemptions from maximum width, height, and length
4 limitations for wreckers. Defines the term "wrecker" to
mean any motor vehicle that is used to tow, carry, or
5 otherwise transport motor vehicles and that is equipped
for that purpose with a boom, winch, car carrier, or
6 other similar equipment. Provides that the term
"wrecker" shall be imprinted on certain motor vehicle
7 license plates. Revises license tax provisions to
provide for wreckers. Provides for wrecker license
8 plates. See bill for details.
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