| 1 | A bill to be entitled |
| 2 | An act relating to wreckers; amending s. 316.530, F.S.; |
| 3 | revising provisions of an exception to penalties for |
| 4 | exceeding weight limits; providing that the exception does |
| 5 | not apply to load limits for bridges and culverts when |
| 6 | those limits are posted; amending s. 316.535, F.S.; |
| 7 | providing that wreckers are subject to certain safety and |
| 8 | operational requirements; providing certain wreckers with |
| 9 | an exception to conditions for an exception to certain |
| 10 | total gross load weight limits; providing wreckers with an |
| 11 | exception to gross weight limits; amending s. 320.08, |
| 12 | F.S.; providing that specified license tax provisions |
| 13 | apply to wreckers used for certain purposes; providing an |
| 14 | effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsection (3) of section 316.530, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 316.530 Towing requirements.-- |
| 21 | (3) Whenever a motor vehicle becomes disabled upon the |
| 22 | highways of this state and a wrecker or tow truck is required to |
| 23 | remove it to a repair shop or other appropriate location, if the |
| 24 | combined weights of those two vehicles and the loads thereon |
| 25 | exceed the maximum allowable weights as established by s. |
| 26 | 316.535, no penalty shall be assessed either vehicle or driver. |
| 27 | However, this exception shall not apply to the posted load |
| 28 | limits for bridges and culverts established by the department as |
| 29 | provided in s. 316.555. |
| 30 | Section 2. Subsection (6) of section 316.535, Florida |
| 31 | Statutes, is amended to read: |
| 32 | 316.535 Maximum weights.-- |
| 33 | (6) Dump trucks, concrete mixing trucks, trucks engaged in |
| 34 | waste collection and disposal, wreckers, and fuel oil and |
| 35 | gasoline trucks designed and constructed for special type work |
| 36 | or use, when operated as a single unit, shall be subject to all |
| 37 | safety and operational requirements of law, except that any such |
| 38 | vehicle need not conform to the axle spacing requirements of |
| 39 | this section provided that such vehicle shall be limited to a |
| 40 | total gross load, including the weight of the vehicle, of 20,000 |
| 41 | pounds per axle plus scale tolerances and shall not exceed 550 |
| 42 | pounds per inch width tire surface plus scale tolerances except |
| 43 | for a wrecker towing a wrecked, disabled, or replacement vehicle |
| 44 | as provided in s. 316.530. No vehicle operating pursuant to this |
| 45 | section, except a wrecker, shall exceed a gross weight, |
| 46 | including the weight of the vehicle and scale tolerances, of |
| 47 | 70,000 pounds. Any vehicle violating the weight provisions of |
| 48 | this section shall be penalized as provided in s. 316.545. |
| 49 | Section 3. Subsection (5) of section 320.08, Florida |
| 50 | Statutes, is amended to read: |
| 51 | 320.08 License taxes.--Except as otherwise provided |
| 52 | herein, there are hereby levied and imposed annual license taxes |
| 53 | for the operation of motor vehicles, mopeds, motorized bicycles |
| 54 | as defined in s. 316.003(2), and mobile homes, as defined in s. |
| 55 | 320.01, which shall be paid to and collected by the department |
| 56 | or its agent upon the registration or renewal of registration of |
| 57 | the following: |
| 58 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
| 59 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-- |
| 60 | (a)1. A semitrailer drawn by a GVW truck tractor by means |
| 61 | of a fifth-wheel arrangement: $13.50 flat per registration year |
| 62 | or any part thereof, of which $3.50 shall be deposited into the |
| 63 | General Revenue Fund. |
| 64 | 2. A semitrailer drawn by a GVW truck tractor by means of |
| 65 | a fifth-wheel arrangement: $68 flat per permanent registration, |
| 66 | of which $18 shall be deposited into the General Revenue Fund. |
| 67 | (b) A motor vehicle equipped with machinery and designed |
| 68 | for the exclusive purpose of well drilling, excavation, |
| 69 | construction, spraying, or similar activity, and which is not |
| 70 | designed or used to transport loads other than the machinery |
| 71 | described above over public roads: $44 flat, of which $11.50 |
| 72 | shall be deposited into the General Revenue Fund. |
| 73 | (c) A school bus used exclusively to transport pupils to |
| 74 | and from school or school or church activities or functions |
| 75 | within their own county: $41 flat, of which $11 shall be |
| 76 | deposited into the General Revenue Fund. |
| 77 | (d) A wrecker, as defined in s. 320.01(40), which is used |
| 78 | to tow a vessel as defined in s. 327.02(39), a disabled, |
| 79 | abandoned, stolen-recovered, or impounded motor vehicle as |
| 80 | defined in s. 320.01(38), or a replacement motor vehicle as |
| 81 | defined in s. 320.01(39): $41 flat, of which $11 shall be |
| 82 | deposited into the General Revenue Fund. |
| 83 | (e) A wrecker that is used to tow any nondisabled motor |
| 84 | vehicle, regardless of whether such motor vehicle is a disabled |
| 85 | motor vehicle, a replacement motor vehicle, a vessel, or any |
| 86 | other cargo, unless used as defined in paragraph (d), as |
| 87 | follows: |
| 88 | 1. Gross vehicle weight of 10,000 pounds or more, but less |
| 89 | than 15,000 pounds: $118 flat, of which $31 shall be deposited |
| 90 | into the General Revenue Fund. |
| 91 | 2. Gross vehicle weight of 15,000 pounds or more, but less |
| 92 | than 20,000 pounds: $177 flat, of which $46 shall be deposited |
| 93 | into the General Revenue Fund. |
| 94 | 3. Gross vehicle weight of 20,000 pounds or more, but less |
| 95 | than 26,000 pounds: $251 flat, of which $65 shall be deposited |
| 96 | into the General Revenue Fund. |
| 97 | 4. Gross vehicle weight of 26,000 pounds or more, but less |
| 98 | than 35,000 pounds: $324 flat, of which $84 shall be deposited |
| 99 | into the General Revenue Fund. |
| 100 | 5. Gross vehicle weight of 35,000 pounds or more, but less |
| 101 | than 44,000 pounds: $405 flat, of which $105 shall be deposited |
| 102 | into the General Revenue Fund. |
| 103 | 6. Gross vehicle weight of 44,000 pounds or more, but less |
| 104 | than 55,000 pounds: $772 flat, of which $200 shall be deposited |
| 105 | into the General Revenue Fund. |
| 106 | 7. Gross vehicle weight of 55,000 pounds or more, but less |
| 107 | than 62,000 pounds: $915 flat, of which $237 shall be deposited |
| 108 | into the General Revenue Fund. |
| 109 | 8. Gross vehicle weight of 62,000 pounds or more, but less |
| 110 | than 72,000 pounds: $1,080 flat, of which $280 shall be |
| 111 | deposited into the General Revenue Fund. |
| 112 | 9. Gross vehicle weight of 72,000 pounds or more: $1,322 |
| 113 | flat, of which $343 shall be deposited into the General Revenue |
| 114 | Fund. |
| 115 | (f) A hearse or ambulance: $40.50 flat, of which $10.50 |
| 116 | shall be deposited into the General Revenue Fund. |
| 117 | Section 4. This act shall take effect July 1, 2010. |