Bill Text: FL S0872 | 2010 | Regular Session | Introduced

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Bill Title: Wreckers [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-16 - Withdrawn from Finance and Tax; Transportation and Economic Development Appropriations -SJ 00635; Withdrawn from further consideration, companion bill(s) passed, see CS/CS/CS/HB 1271 (Ch. 2010-225) -SJ 00635 [S0872 Detail]

Download: Florida-2010-S0872-Introduced.html

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       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.