Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 1624
Barcode 935710
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2009 .
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The Committee on Transportation (Baker) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (86) is added to section 316.003,
6 Florida Statutes, to read:
7 316.003 Definitions.—The following words and phrases, when
8 used in this chapter, shall have the meanings respectively
9 ascribed to them in this section, except where the context
10 otherwise requires:
11 (86) TRI-VEHICLE.—An enclosed three-wheeled passenger
12 vehicle that is designed to operate with three wheels in contact
13 with the ground; has a minimum unladen weight of 900 pounds; has
14 a single, completely enclosed occupant compartment; is produced
15 by its manufacturer in a minimum quantity of 300 in any calendar
16 year; and is equipped with:
17 (a) Seats certified by the vehicle manufacturer to meet the
18 requirements of Federal Motor Vehicle Safety Standard No. 207,
19 “Seating systems,” as described in 49 C.F.R. s. 571.207.
20 (b) A steering wheel used to maneuver the vehicle.
21 (c) A propulsion unit located forward or aft of the
22 enclosed occupant compartment.
23 (d) A seat belt for each vehicle occupant which is
24 certified to meet the requirements of Federal Motor Vehicle
25 Safety Standard No. 209, “Seat belt assemblies,” as described in
26 49 C.F.R. s. 571.209.
27 (e) A windshield and appropriate windshield wiper and
28 washer system certified by the vehicle manufacturer to meet the
29 requirements of Federal Motor Vehicle Safety Standard No. 205,
30 “Glazing materials,” as described in 49 C.F.R. s. 571.205 and
31 Federal Motor Vehicle Safety Standard No. 104, “Windshield
32 wiping and washing systems,” as described in 49 C.F.R. s.
33 571.104.
34 (f) A vehicle structure certified by the vehicle
35 manufacturer to meet the requirements of Federal Motor Vehicle
36 Safety Standard No. 216, “Rollover crush resistance,” as
37 described in 49 C.F.R. s. 571.216.
38 Section 2. Paragraph (b) of subsection (1) of section
39 316.0741, Florida Statutes, is amended to read:
40 316.0741 High-occupancy-vehicle lanes.—
41 (1) As used in this section, the term:
42 (b) “Hybrid vehicle” means a motor vehicle:
43 1. That draws propulsion energy from onboard sources of
44 stored energy which are both an internal combustion or heat
45 engine using combustible fuel and a rechargeable energy-storage
46 system; and
47 2. That, in the case of a passenger automobile or light
48 truck, has received a certificate of conformity under the Clean
49 Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
50 equivalent qualifying California standards for a low-emission
51 vehicle.
52 3. That, in the case of a tri-vehicle, is an inherently
53 low-emission vehicle (ILEV) in accordance with paragraph (4).
54 Section 3. Section 320.06, Florida Statutes, is amended to
55 read:
56 320.06 Registration certificates, license plates, and
57 validation stickers generally.—
58 (1)(a) Upon the receipt of an initial application for
59 registration and payment of the appropriate license tax and
60 other fees required by law, the department shall assign to the
61 motor vehicle a registration license number consisting of
62 letters and numerals or numerals and issue to the owner or
63 lessee a certificate of registration and one registration
64 license plate, unless two plates are required for display by s.
65 320.0706, for each vehicle so registered.
66 (b) Registration license plates bearing a graphic symbol
67 and the alphanumeric system of identification shall be issued
68 for a 10-year 6-year period. At the end of that 10-year 6-year
69 period, upon renewal, the plate shall be replaced. The
70 department shall stagger the implementation of the 10-year 6
71 year license plate replacement cycle. The fee for such
72 replacement is $20 $12, $2 of which shall be paid each year
73 before the plate is replaced, to be credited towards the next
74 $20 $12 replacement fee. The fees shall be deposited into the
75 Highway Safety Operating Trust Fund. A credit or refund shall
76 not be given for any prior years’ payments of such prorated
77 replacement fee if the plate is replaced or surrendered before
78 the end of the 10-year 6-year period, except that a credit may
79 be given when a registrant is required by the department to
80 replace a license plate under s. 320.08056(8)(a). With each
81 license plate, there shall be issued a validation sticker
82 showing the owner’s birth month, license plate number, and the
83 year of expiration or the appropriate renewal period if the
84 owner is not a natural person. The validation sticker shall be
85 placed on the upper right corner of the license plate. Such
86 license plate and validation sticker shall be issued based on
87 the applicant’s appropriate renewal period. The registration
88 period is a period of 12 months, the extended registration
89 period is a period of 24 months, and all expirations shall occur
90 based on the applicant’s appropriate registration period. A
91 vehicle with an apportioned registration shall be issued an
92 annual license plate and a cab card that denote the declared
93 gross vehicle weight for each apportioned jurisdiction in which
94 the vehicle is authorized to operate.
95 (c) Registration license plates equipped with validation
96 stickers subject to the registration period are valid for not
97 more than 12 months and expire at midnight on the last day of
98 the registration period. A registration license plate equipped
99 with a validation sticker subject to the extended registration
100 period is valid for not more than 24 months and expires at
101 midnight on the last day of the extended registration period.
102 For each registration period after the one in which the metal
103 registration license plate is issued, and until the license
104 plate is required to be replaced, a validation sticker showing
105 the month and year of expiration shall be issued upon payment of
106 the proper license tax amount and fees and is valid for not more
107 than 12 months. For each extended registration period occurring
108 after the one in which the metal registration license plate is
109 issued and until the license plate is required to be replaced, a
110 validation sticker showing the year of expiration shall be
111 issued upon payment of the proper license tax amount and fees
112 and is valid for not more than 24 months. When license plates
113 equipped with validation stickers are issued in any month other
114 than the owner’s birth month or the designated registration
115 period for any other motor vehicle, the effective date shall
116 reflect the birth month or month and the year of renewal.
117 However, when a license plate or validation sticker is issued
118 for a period of less than 12 months, the applicant shall pay the
119 appropriate amount of license tax and the applicable fee under
120 s. 320.14 in addition to all other fees. Validation stickers
121 issued for vehicles taxed under s. 320.08(6)(a), for any company
122 that owns 250 vehicles or more, or for semitrailers taxed under
123 the provisions of s. 320.08(5)(a), for any company that owns 50
124 vehicles or more, may be placed on any vehicle in the fleet so
125 long as the vehicle receiving the validation sticker has the
126 same owner’s name and address as the vehicle to which the
127 validation sticker was originally assigned.
128 (2) The department shall provide the several tax collectors
129 and license plate agents with the necessary number of validation
130 stickers.
131 (3)(a) Registration license plates shall be of metal
132 specially treated with a retroreflective material, as specified
133 by the department. The registration license plate is designed to
134 increase nighttime visibility and legibility and shall be at
135 least 6 inches wide and not less than 12 inches in length,
136 unless a plate with reduced dimensions is deemed necessary by
137 the department to accommodate motorcycles, mopeds, or similar
138 smaller vehicles. Validation stickers shall be treated with a
139 retroreflective material, shall be of such size as specified by
140 the department, and shall adhere to the license plate. The
141 registration license plate shall be imprinted with a combination
142 of bold letters and numerals or numerals, not to exceed seven
143 digits, to identify the registration license plate number. The
144 license plate shall also be imprinted with the word “Florida” at
145 the top and the name of the county in which it is sold, the
146 state motto, or the words “Sunshine State” at the bottom.
147 Apportioned license plates shall have the word “Apportioned” at
148 the bottom and license plates issued for vehicles taxed under s.
149 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) shall have
150 the word “Restricted” at the bottom. License plates issued for
151 vehicles taxed under s. 320.08(12) must be imprinted with the
152 word “Florida” at the top and the word “Dealer” at the bottom.
153 Manufacturer license plates issued for vehicles taxed under s.
154 320.08(12) must be imprinted with the word “Florida” at the top
155 and the word “Manufacturer” at the bottom. License plates issued
156 for vehicles taxed under s. 320.08(5)(d) or (e) must be
157 imprinted with the word “Wrecker” at the bottom. Any county may,
158 upon majority vote of the county commission, elect to have the
159 county name removed from the license plates sold in that county.
160 The state motto or the words “Sunshine State” shall be printed
161 in lieu thereof. A license plate issued for a vehicle taxed
162 under s. 320.08(6) may not be assigned a registration license
163 number, or be issued with any other distinctive character or
164 designation, that distinguishes the motor vehicle as a for-hire
165 motor vehicle.
166 (b) An additional fee of 50 cents shall be collected and
167 deposited into the Highway Safety Operating Trust Fund on each
168 motor vehicle registration or motor vehicle renewal registration
169 issued in this state so in order that material costs are paid
170 for all license plates and validation stickers be fully treated
171 with retroreflective material.
172 (4) The corporation organized under chapter 946 may
173 manufacture license plates, validation stickers, and decals, as
174 well as temporary tags, disabled hang tags, vessel decals, and
175 fuel use decals, for the Department of Highway Safety and Motor
176 Vehicles as provided in this chapter and chapter 327. The
177 Department of Highway Safety and Motor Vehicles is not required
178 to obtain competitive bids in order to contract with the
179 corporation.
180 Section 4. Section 320.08, Florida Statutes, is amended to
181 read:
182 320.08 License taxes.—Except as otherwise provided herein,
183 there are hereby levied and imposed annual license taxes for the
184 operation of motor vehicles, mopeds, motorized bicycles as
185 defined in s. 316.003(2), tri-vehicles, and mobile homes, as
186 defined in s. 320.01, which shall be paid to and collected by
187 the department or its agent upon the registration or renewal of
188 registration of the following:
189 (1) MOTORCYCLES AND MOPEDS.—
190 (a) Any motorcycle: $10 flat.
191 (b) Any moped: $5 flat.
192 (c) Upon registration of any motorcycle, motor-driven
193 cycle, or moped there shall be paid in addition to the license
194 taxes specified in this subsection a nonrefundable motorcycle
195 safety education fee in the amount of $2.50. The proceeds of
196 such additional fee shall be deposited in the Highway Safety
197 Operating Trust Fund to fund a motorcycle driver improvement
198 program implemented pursuant to s. 322.025, the Florida
199 Motorcycle Safety Education Program established in s. 322.0255,
200 or the general operations of the department.
201 (d) An ancient or antique motorcycle: $10 flat.
202 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
203 (a) An ancient or antique automobile, as defined in s.
204 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
205 (b) Net weight of less than 2,500 pounds: $14.50 flat.
206 (c) Net weight of 2,500 pounds or more, but less than 3,500
207 pounds: $22.50 flat.
208 (d) Net weight of 3,500 pounds or more: $32.50 flat.
209 (3) TRUCKS.—
210 (a) Net weight of less than 2,000 pounds: $14.50 flat.
211 (b) Net weight of 2,000 pounds or more, but not more than
212 3,000 pounds: $22.50 flat.
213 (c) Net weight more than 3,000 pounds, but not more than
214 5,000 pounds: $32.50 flat.
215 (d) A truck defined as a “goat,” or any other vehicle when
216 used in the field by a farmer or in the woods for the purpose of
217 harvesting a crop, including naval stores, during such
218 harvesting operations, and which is not principally operated
219 upon the roads of the state: $7.50 flat. A “goat” is a motor
220 vehicle designed, constructed, and used principally for the
221 transportation of citrus fruit within citrus groves or for the
222 transportation of crops on farms, and which can also be used for
223 the hauling of associated equipment or supplies, including
224 required sanitary equipment, and the towing of farm trailers.
225 (e) An ancient or antique truck, as defined in s. 320.086:
226 $7.50 flat.
227 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
228 VEHICLE WEIGHT.—
229 (a) Gross vehicle weight of 5,001 pounds or more, but less
230 than 6,000 pounds: $45 flat.
231 (b) Gross vehicle weight of 6,000 pounds or more, but less
232 than 8,000 pounds: $65 flat.
233 (c) Gross vehicle weight of 8,000 pounds or more, but less
234 than 10,000 pounds: $76 flat.
235 (d) Gross vehicle weight of 10,000 pounds or more, but less
236 than 15,000 pounds: $87 flat.
237 (e) Gross vehicle weight of 15,000 pounds or more, but less
238 than 20,000 pounds: $131 flat.
239 (f) Gross vehicle weight of 20,000 pounds or more, but less
240 than 26,001 pounds: $186 flat.
241 (g) Gross vehicle weight of 26,001 pounds or more, but less
242 than 35,000: $240 flat.
243 (h) Gross vehicle weight of 35,000 pounds or more, but less
244 than 44,000 pounds: $300 flat.
245 (i) Gross vehicle weight of 44,000 pounds or more, but less
246 than 55,000 pounds: $572 flat.
247 (j) Gross vehicle weight of 55,000 pounds or more, but less
248 than 62,000 pounds: $678 flat.
249 (k) Gross vehicle weight of 62,000 pounds or more, but less
250 than 72,000 pounds: $800 flat.
251 (l) Gross vehicle weight of 72,000 pounds or more: $979
252 flat.
253 (m) Notwithstanding the declared gross vehicle weight, a
254 truck tractor used within a 150-mile radius of its home address
255 shall be eligible for a license plate for a fee of $240 flat if:
256 1. The truck tractor is used exclusively for hauling
257 forestry products; or
258 2. The truck tractor is used primarily for the hauling of
259 forestry products, and is also used for the hauling of
260 associated forestry harvesting equipment used by the owner of
261 the truck tractor.
262 (n) A truck tractor or heavy truck, not operated as a for
263 hire vehicle, which is engaged exclusively in transporting raw,
264 unprocessed, and nonmanufactured agricultural or horticultural
265 products within a 150-mile radius of its home address, shall be
266 eligible for a restricted license plate for a fee of $65 flat,
267 if such vehicle’s declared gross vehicle weight is less than
268 44,000 pounds; or $240 flat, if such vehicle’s declared gross
269 vehicle weight is 44,000 pounds or more and such vehicle only
270 transports:
271 1. From the point of production to the point of primary
272 manufacture;
273 2. From the point of production to the point of assembling
274 the same; or
275 3. From the point of production to a shipping point of
276 either a rail, water, or motor transportation company.
277
278 Such not-for-hire truck tractors and heavy trucks used
279 exclusively in transporting raw, unprocessed, and
280 nonmanufactured agricultural or horticultural products may be
281 incidentally used to haul farm implements and fertilizers when
282 delivered direct to the growers. The department may require any
283 such documentation deemed necessary to determine eligibility
284 prior to issuance of this license plate. For the purpose of this
285 paragraph, “not-for-hire” means the owner of the motor vehicle
286 must also be the owner of the raw, unprocessed, and
287 nonmanufactured agricultural or horticultural product, or the
288 user of the farm implements and fertilizer being delivered.
289 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
290 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
291 (a)1. A semitrailer drawn by a GVW truck tractor by means
292 of a fifth-wheel arrangement: $10 flat per registration year or
293 any part thereof.
294 2. A semitrailer drawn by a GVW truck tractor by means of a
295 fifth-wheel arrangement: $50 flat per permanent registration.
296 (b) A motor vehicle equipped with machinery and designed
297 for the exclusive purpose of well drilling, excavation,
298 construction, spraying, or similar activity, and which is not
299 designed or used to transport loads other than the machinery
300 described above over public roads: $32.50 flat.
301 (c) A school bus used exclusively to transport pupils to
302 and from school or school or church activities or functions
303 within their own county: $30 flat.
304 (d) A wrecker, as defined in s. 320.01(40), which is used
305 to tow a vessel as defined in s. 327.02(39), a disabled,
306 abandoned, stolen-recovered, or impounded motor vehicle as
307 defined in s. 320.01(38), or a replacement motor vehicle as
308 defined in s. 320.01(39): $30 flat.
309 (e) A wrecker, as defined in s. 320.01(40), which is used
310 to tow any motor vehicle, regardless of whether or not such
311 motor vehicle is a disabled motor vehicle as defined in s.
312 320.01(38), a replacement motor vehicle as defined in s.
313 320.01(39), a vessel as defined in s. 327.02(39), or any other
314 cargo, as follows:
315 1. Gross vehicle weight of 10,000 pounds or more, but less
316 than 15,000 pounds: $87 flat.
317 2. Gross vehicle weight of 15,000 pounds or more, but less
318 than 20,000 pounds: $131 flat.
319 3. Gross vehicle weight of 20,000 pounds or more, but less
320 than 26,000 pounds: $186 flat.
321 4. Gross vehicle weight of 26,000 pounds or more, but less
322 than 35,000 pounds: $240 flat.
323 5. Gross vehicle weight of 35,000 pounds or more, but less
324 than 44,000 pounds: $300 flat.
325 6. Gross vehicle weight of 44,000 pounds or more, but less
326 than 55,000 pounds: $572 flat.
327 7. Gross vehicle weight of 55,000 pounds or more, but less
328 than 62,000 pounds: $678 flat.
329 8. Gross vehicle weight of 62,000 pounds or more, but less
330 than 72,000 pounds: $800 flat.
331 9. Gross vehicle weight of 72,000 pounds or more: $979
332 flat.
333 (f) A hearse or ambulance: $30 flat.
334 (6) MOTOR VEHICLES FOR HIRE.—
335 (a) Under nine passengers: $12.50 flat plus $1 per cwt.
336 (b) Nine passengers and over: $12.50 flat plus $1.50 per
337 cwt.
338 (7) TRAILERS FOR PRIVATE USE.—
339 (a) Any trailer weighing 500 pounds or less: $5 flat per
340 year or any part thereof.
341 (b) Net weight over 500 pounds: $2.50 flat plus 75 cents
342 per cwt.
343 (8) TRAILERS FOR HIRE.—
344 (a) Net weight under 2,000 pounds: $2.50 flat plus $1 per
345 cwt.
346 (b) Net weight 2,000 pounds or more: $10 flat plus $1 per
347 cwt.
348 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
349 (a) A travel trailer or fifth-wheel trailer, as defined by
350 s. 320.01(1)(b), that does not exceed 35 feet in length: $20
351 flat.
352 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
353 flat.
354 (c) A motor home, as defined by s. 320.01(1)(b)4.:
355 1. Net weight of less than 4,500 pounds: $20 flat.
356 2. Net weight of 4,500 pounds or more: $35 flat.
357 (d) A truck camper as defined by s. 320.01(1)(b)3.:
358 1. Net weight of less than 4,500 pounds: $20 flat.
359 2. Net weight of 4,500 pounds or more: $35 flat.
360 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
361 1. Net weight of less than 4,500 pounds: $20 flat.
362 2. Net weight of 4,500 pounds or more: $35 flat.
363 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
364 35 FEET TO 40 FEET.—
365 (a) Park trailers.—Any park trailer, as defined in s.
366 320.01(1)(b)7.: $25 flat.
367 (b) A travel trailer or fifth-wheel trailer, as defined in
368 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
369 (11) MOBILE HOMES.—
370 (a) A mobile home not exceeding 35 feet in length: $20
371 flat.
372 (b) A mobile home over 35 feet in length, but not exceeding
373 40 feet: $25 flat.
374 (c) A mobile home over 40 feet in length, but not exceeding
375 45 feet: $30 flat.
376 (d) A mobile home over 45 feet in length, but not exceeding
377 50 feet: $35 flat.
378 (e) A mobile home over 50 feet in length, but not exceeding
379 55 feet: $40 flat.
380 (f) A mobile home over 55 feet in length, but not exceeding
381 60 feet: $45 flat.
382 (g) A mobile home over 60 feet in length, but not exceeding
383 65 feet: $50 flat.
384 (h) A mobile home over 65 feet in length: $80 flat.
385 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
386 motor vehicle dealer, independent motor vehicle dealer, marine
387 boat trailer dealer, or mobile home dealer and manufacturer
388 license plate: $12.50 flat.
389 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
390 official license plate: $3 flat.
391 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
392 vehicle for hire operated wholly within a city or within 25
393 miles thereof: $12.50 flat plus $1.50 per cwt.
394 (15) TRANSPORTER.—Any transporter license plate issued to a
395 transporter pursuant to s. 320.133: $75 flat.
396 Section 5. Subsection (26) of section 322.01, Florida
397 Statutes, is amended, and subsection (46) is added to that
398 section, to read:
399 322.01 Definitions.—As used in this chapter:
400 (26) “Motorcycle” means a motor vehicle powered by a motor
401 with a displacement of more than 50 cubic centimeters, having a
402 seat or saddle for the use of the rider, and designed to travel
403 on not more than three wheels in contact with the ground, but
404 excluding a tractor, or moped, or tri-vehicle.
405 (46) “Tri-vehicle” means an enclosed three-wheeled
406 passenger vehicle that is designed to operate with three wheels
407 in contact with the ground; has a minimum unladen weight of 900
408 pounds; has a single, completely enclosed occupant compartment;
409 is produced by its manufacturer in a minimum quantity of 300 in
410 any calendar year; and is equipped with:
411 (a) Seats certified by the vehicle manufacturer to meet the
412 requirements of Federal Motor Vehicle Safety Standard No. 207,
413 “Seating systems,” as described in 49 C.F.R. s. 571.207.
414 (b) A steering wheel used to maneuver the vehicle.
415 (c) A propulsion unit located forward or aft of the
416 enclosed occupant compartment.
417 (d) A seat belt for each vehicle occupant which is
418 certified to meet the requirements of Federal Motor Vehicle
419 Safety Standard No. 209, “Seat belt assemblies,” as described in
420 49 C.F.R. s. 571.209.
421 (e) A windshield and appropriate windshield wiper and
422 washer system certified by the vehicle manufacturer to meet the
423 requirements of Federal Motor Vehicle Safety Standard No. 205,
424 “Glazing materials,” as described in 49 C.F.R. s. 571.205 and
425 Federal Motor Vehicle Safety Standard No. 104, “Windshield
426 wiping and washing systems,” as described in 49 C.F.R. s.
427 571.104.
428 (f) A vehicle structure certified by the vehicle
429 manufacturer to meet the requirements of Federal Motor Vehicle
430 Safety Standard No. 216, “Rollover crush resistance,” as
431 described in 49 C.F.R. s. 571.216.
432 Section 6. This act shall take effect July 1, 2009.
433
434 ================= T I T L E A M E N D M E N T ================
435 And the title is amended as follows:
436 Delete everything before the enacting clause
437 and insert:
438 A bill to be entitled
439 An act relating to motor vehicles; amending s.
440 316.003, F.S.; defining the term “tri-vehicle”;
441 amending s. 316.0741, F.S.; expanding the definition
442 of “hybrid vehicle” to include certain tri-vehicles;
443 amending s. 320.06, F.S.; extending the periods of
444 issuance and replacement for certain registration
445 license plates; increasing the cost of such
446 replacement; deleting a provision requiring that
447 registration license plates be specially treated with
448 retroreflective material; deleting a provision
449 requiring that validation stickers be treated with
450 such material and be of a specified size; providing
451 for an additional fee on each registration or renewal
452 registration for the purpose of paying costs of
453 materials for license plates and validation stickers;
454 deleting provisions relating to the manufacture of
455 certain materials by a specified corporation; amending
456 s. 320.08, F.S.; including tri-vehicles among the
457 types of vehicles upon which annual license taxes are
458 levied; amending s. 322.01, F.S.; defining the term
459 “tri-vehicle”; excluding tri-vehicles from the
460 definition of “motorcycle”; providing an effective
461 date.