Florida Senate - 2010                                     SB 872
       
       
       
       By Senator Crist
       
       
       
       
       12-00890-10                                            2010872__
    1                        A bill to be entitled                      
    2         An act relating to wreckers; amending s. 316.530,
    3         F.S.; revising provisions of an exception to penalties
    4         for exceeding weight limits; providing that the
    5         exception does not apply to load limits for bridges
    6         and culverts when those limits are posted; amending s.
    7         316.535, F.S.; providing that wreckers are subject to
    8         certain safety and operational requirements; providing
    9         certain wreckers with an exception to conditions for
   10         an exception to certain total gross load weight
   11         limits; providing wreckers with an exception to gross
   12         weight limits; amending s. 320.08, F.S.; providing
   13         that specified license tax provisions apply to
   14         wreckers used for certain purposes; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (3) of section 316.530, Florida
   20  Statutes, is amended to read:
   21         316.530 Towing requirements.—
   22         (3) Whenever a motor vehicle becomes disabled upon the
   23  highways of this state and a wrecker or tow truck is required to
   24  remove it to a repair shop or other appropriate location, if the
   25  combined weights of those two vehicles and the loads thereon
   26  exceed the maximum allowable weights as established by s.
   27  316.535, no penalty shall be assessed either vehicle or driver.
   28  However, this exception shall not apply to the posted load
   29  limits for bridges and culverts established by the department as
   30  provided in s. 316.555.
   31         Section 2. Subsection (6) of section 316.535, Florida
   32  Statutes, is amended to read:
   33         316.535 Maximum weights.—
   34         (6) Dump trucks, concrete mixing trucks, trucks engaged in
   35  waste collection and disposal, wreckers, and fuel oil and
   36  gasoline trucks designed and constructed for special type work
   37  or use, when operated as a single unit, shall be subject to all
   38  safety and operational requirements of law, except that any such
   39  vehicle need not conform to the axle spacing requirements of
   40  this section provided that such vehicle shall be limited to a
   41  total gross load, including the weight of the vehicle, of 20,000
   42  pounds per axle plus scale tolerances and shall not exceed 550
   43  pounds per inch width tire surface plus scale tolerances except
   44  for a wrecker towing a wrecked, disabled, or replacement vehicle
   45  as provided in s. 316.530. No vehicle operating pursuant to this
   46  section, except a wrecker, shall exceed a gross weight,
   47  including the weight of the vehicle and scale tolerances, of
   48  70,000 pounds. Any vehicle violating the weight provisions of
   49  this section shall be penalized as provided in s. 316.545.
   50         Section 3. Subsection (5) of section 320.08, Florida
   51  Statutes, is amended to read:
   52         320.08 License taxes.—Except as otherwise provided herein,
   53  there are hereby levied and imposed annual license taxes for the
   54  operation of motor vehicles, mopeds, motorized bicycles as
   55  defined in s. 316.003(2), and mobile homes, as defined in s.
   56  320.01, which shall be paid to and collected by the department
   57  or its agent upon the registration or renewal of registration of
   58  the following:
   59         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
   60  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
   61         (a)1. A semitrailer drawn by a GVW truck tractor by means
   62  of a fifth-wheel arrangement: $13.50 flat per registration year
   63  or any part thereof, of which $3.50 shall be deposited into the
   64  General Revenue Fund.
   65         2. A semitrailer drawn by a GVW truck tractor by means of a
   66  fifth-wheel arrangement: $68 flat per permanent registration, of
   67  which $18 shall be deposited into the General Revenue Fund.
   68         (b) A motor vehicle equipped with machinery and designed
   69  for the exclusive purpose of well drilling, excavation,
   70  construction, spraying, or similar activity, and which is not
   71  designed or used to transport loads other than the machinery
   72  described above over public roads: $44 flat, of which $11.50
   73  shall be deposited into the General Revenue Fund.
   74         (c) A school bus used exclusively to transport pupils to
   75  and from school or school or church activities or functions
   76  within their own county: $41 flat, of which $11 shall be
   77  deposited into the General Revenue Fund.
   78         (d) A wrecker, as defined in s. 320.01(40), which is used
   79  to tow a vessel as defined in s. 327.02(39), a disabled,
   80  abandoned, stolen-recovered, or impounded motor vehicle as
   81  defined in s. 320.01(38), or a replacement motor vehicle as
   82  defined in s. 320.01(39): $41 flat, of which $11 shall be
   83  deposited into the General Revenue Fund.
   84         (e) A wrecker that is used to tow any nondisabled motor
   85  vehicle, regardless of whether such motor vehicle is a disabled
   86  motor vehicle, a replacement motor vehicle, a vessel, or any
   87  other cargo, unless used as defined in paragraph (d), as
   88  follows:
   89         1. Gross vehicle weight of 10,000 pounds or more, but less
   90  than 15,000 pounds: $118 flat, of which $31 shall be deposited
   91  into the General Revenue Fund.
   92         2. Gross vehicle weight of 15,000 pounds or more, but less
   93  than 20,000 pounds: $177 flat, of which $46 shall be deposited
   94  into the General Revenue Fund.
   95         3. Gross vehicle weight of 20,000 pounds or more, but less
   96  than 26,000 pounds: $251 flat, of which $65 shall be deposited
   97  into the General Revenue Fund.
   98         4. Gross vehicle weight of 26,000 pounds or more, but less
   99  than 35,000 pounds: $324 flat, of which $84 shall be deposited
  100  into the General Revenue Fund.
  101         5. Gross vehicle weight of 35,000 pounds or more, but less
  102  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  103  into the General Revenue Fund.
  104         6. Gross vehicle weight of 44,000 pounds or more, but less
  105  than 55,000 pounds: $772 flat, of which $200 shall be deposited
  106  into the General Revenue Fund.
  107         7. Gross vehicle weight of 55,000 pounds or more, but less
  108  than 62,000 pounds: $915 flat, of which $237 shall be deposited
  109  into the General Revenue Fund.
  110         8. Gross vehicle weight of 62,000 pounds or more, but less
  111  than 72,000 pounds: $1,080 flat, of which $280 shall be
  112  deposited into the General Revenue Fund.
  113         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  114  flat, of which $343 shall be deposited into the General Revenue
  115  Fund.
  116         (f) A hearse or ambulance: $40.50 flat, of which $10.50
  117  shall be deposited into the General Revenue Fund.
  118         Section 4. This act shall take effect July 1, 2010.