Bill Text: FL H0257 | 2010 | Regular Session | Introduced

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Bill Title: Wreckers

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2010-04-30 - Died in Committee on Roads, Bridges, & Ports Policy (EDCA), companion bill(s) passed, see CS/CS/CS/HB 1271 (Ch. 2010-225) [H0257 Detail]

Download: Florida-2010-H0257-Introduced.html

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HB 257

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
16	Be It Enacted by the Legislature of the State of Florida:
17
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.

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