HB 257

1
A bill to be entitled
2An act relating to wreckers; amending s. 316.530, F.S.;
3revising provisions of an exception to penalties for
4exceeding weight limits; providing that the exception does
5not apply to load limits for bridges and culverts when
6those limits are posted; amending s. 316.535, F.S.;
7providing that wreckers are subject to certain safety and
8operational requirements; providing certain wreckers with
9an exception to conditions for an exception to certain
10total gross load weight limits; providing wreckers with an
11exception to gross weight limits; amending s. 320.08,
12F.S.; providing that specified license tax provisions
13apply to wreckers used for certain purposes; providing an
14effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (3) of section 316.530, Florida
19Statutes, is amended to read:
20     316.530  Towing requirements.--
21     (3)  Whenever a motor vehicle becomes disabled upon the
22highways of this state and a wrecker or tow truck is required to
23remove it to a repair shop or other appropriate location, if the
24combined weights of those two vehicles and the loads thereon
25exceed the maximum allowable weights as established by s.
26316.535, no penalty shall be assessed either vehicle or driver.
27However, this exception shall not apply to the posted load
28limits for bridges and culverts established by the department as
29provided in s. 316.555.
30     Section 2.  Subsection (6) of section 316.535, Florida
31Statutes, is amended to read:
32     316.535  Maximum weights.--
33     (6)  Dump trucks, concrete mixing trucks, trucks engaged in
34waste collection and disposal, wreckers, and fuel oil and
35gasoline trucks designed and constructed for special type work
36or use, when operated as a single unit, shall be subject to all
37safety and operational requirements of law, except that any such
38vehicle need not conform to the axle spacing requirements of
39this section provided that such vehicle shall be limited to a
40total gross load, including the weight of the vehicle, of 20,000
41pounds per axle plus scale tolerances and shall not exceed 550
42pounds per inch width tire surface plus scale tolerances except
43for a wrecker towing a wrecked, disabled, or replacement vehicle
44as provided in s. 316.530. No vehicle operating pursuant to this
45section, except a wrecker, shall exceed a gross weight,
46including the weight of the vehicle and scale tolerances, of
4770,000 pounds. Any vehicle violating the weight provisions of
48this section shall be penalized as provided in s. 316.545.
49     Section 3.  Subsection (5) of section 320.08, Florida
50Statutes, is amended to read:
51     320.08  License taxes.--Except as otherwise provided
52herein, there are hereby levied and imposed annual license taxes
53for the operation of motor vehicles, mopeds, motorized bicycles
54as defined in s. 316.003(2), and mobile homes, as defined in s.
55320.01, which shall be paid to and collected by the department
56or its agent upon the registration or renewal of registration of
57the following:
58     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
59SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
60     (a)1.  A semitrailer drawn by a GVW truck tractor by means
61of a fifth-wheel arrangement: $13.50 flat per registration year
62or any part thereof, of which $3.50 shall be deposited into the
63General Revenue Fund.
64     2.  A semitrailer drawn by a GVW truck tractor by means of
65a fifth-wheel arrangement: $68 flat per permanent registration,
66of which $18 shall be deposited into the General Revenue Fund.
67     (b)  A motor vehicle equipped with machinery and designed
68for the exclusive purpose of well drilling, excavation,
69construction, spraying, or similar activity, and which is not
70designed or used to transport loads other than the machinery
71described above over public roads: $44 flat, of which $11.50
72shall be deposited into the General Revenue Fund.
73     (c)  A school bus used exclusively to transport pupils to
74and from school or school or church activities or functions
75within their own county: $41 flat, of which $11 shall be
76deposited into the General Revenue Fund.
77     (d)  A wrecker, as defined in s. 320.01(40), which is used
78to tow a vessel as defined in s. 327.02(39), a disabled,
79abandoned, stolen-recovered, or impounded motor vehicle as
80defined in s. 320.01(38), or a replacement motor vehicle as
81defined in s. 320.01(39): $41 flat, of which $11 shall be
82deposited into the General Revenue Fund.
83     (e)  A wrecker that is used to tow any nondisabled motor
84vehicle, regardless of whether such motor vehicle is a disabled
85motor vehicle, a replacement motor vehicle, a vessel, or any
86other cargo, unless used as defined in paragraph (d), as
87follows:
88     1.  Gross vehicle weight of 10,000 pounds or more, but less
89than 15,000 pounds: $118 flat, of which $31 shall be deposited
90into the General Revenue Fund.
91     2.  Gross vehicle weight of 15,000 pounds or more, but less
92than 20,000 pounds: $177 flat, of which $46 shall be deposited
93into the General Revenue Fund.
94     3.  Gross vehicle weight of 20,000 pounds or more, but less
95than 26,000 pounds: $251 flat, of which $65 shall be deposited
96into the General Revenue Fund.
97     4.  Gross vehicle weight of 26,000 pounds or more, but less
98than 35,000 pounds: $324 flat, of which $84 shall be deposited
99into the General Revenue Fund.
100     5.  Gross vehicle weight of 35,000 pounds or more, but less
101than 44,000 pounds: $405 flat, of which $105 shall be deposited
102into the General Revenue Fund.
103     6.  Gross vehicle weight of 44,000 pounds or more, but less
104than 55,000 pounds: $772 flat, of which $200 shall be deposited
105into the General Revenue Fund.
106     7.  Gross vehicle weight of 55,000 pounds or more, but less
107than 62,000 pounds: $915 flat, of which $237 shall be deposited
108into the General Revenue Fund.
109     8.  Gross vehicle weight of 62,000 pounds or more, but less
110than 72,000 pounds: $1,080 flat, of which $280 shall be
111deposited into the General Revenue Fund.
112     9.  Gross vehicle weight of 72,000 pounds or more: $1,322
113flat, of which $343 shall be deposited into the General Revenue
114Fund.
115     (f)  A hearse or ambulance: $40.50 flat, of which $10.50
116shall be deposited into the General Revenue Fund.
117     Section 4.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.