Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for SB 746
Ì731318&Î731318
LEGISLATIVE ACTION
Senate . House
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Floor: NC/2R .
03/08/2016 01:32 PM .
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Senator Negron moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 328.72, Florida
6 Statutes, is amended, and subsection (18) is added to that
7 section, to read:
8 328.72 Classification; registration; fees and charges;
9 surcharge; disposition of fees; fines; marine turtle stickers.—
10 (1) VESSEL REGISTRATION FEE.—
11 (a) Vessels that are required to be registered shall be
12 classified for registration purposes according to the following
13 schedule, and, except as provided in subsection (18), the
14 registration certificate fee shall be in the following amounts:
15 1. Class A-1—Less than 12 feet in length, and all canoes to
16 which propulsion motors have been attached, regardless of
17 length: $5.50 for each 12-month period registered.
18 2. Class A-2—12 feet or more and less than 16 feet in
19 length: $16.25 for each 12-month period registered. (To county):
20 2.85 for each 12-month period registered.
21 3. Class 1—16 feet or more and less than 26 feet in length:
22 $28.75 for each 12-month period registered. (To county): 8.85
23 for each 12-month period registered.
24 4. Class 2—26 feet or more and less than 40 feet in length:
25 $78.25 for each 12-month period registered. (To county): 32.85
26 for each 12-month period registered.
27 5. Class 3—40 feet or more and less than 65 feet in length:
28 $127.75 for each 12-month period registered. (To county): 56.85
29 for each 12-month period registered.
30 6. Class 4—65 feet or more and less than 110 feet in
31 length: $152.75 for each 12-month period registered. (To
32 county): 68.85 for each 12-month period registered.
33 7. Class 5—110 feet or more in length: $189.75 for each 12
34 month period registered. (To county): 86.85 for each 12-month
35 period registered.
36 8. Dealer registration certificate: $25.50 for each 12
37 month period registered.
38 (b) The county portion of the vessel registration fee is
39 derived from recreational vessels only.
40 (18) REDUCED VESSEL REGISTRATION FEE.—
41 (a) As used in this subsection, the term:
42 1. “Emergency position-indicating radio beacon” means a
43 device installed on the vessel being registered that:
44 a. Transmits distress signals at a frequency between 406.0
45 and 406.1 MHz;
46 b. Is manufactured by a company approved to manufacture
47 beacons by the International Cospas-Sarsat Programme; and
48 c. Is registered with the United States National Oceanic
49 and Atmospheric Administration.
50 2. “Full registration fee amount” means the registration
51 fee as provided in subsection (1) and not the reduced vessel
52 registration fee specified in this subsection.
53 3. “Personal locator beacon” means a device designed to be
54 carried by an individual that:
55 a. Transmits distress signals at a frequency between 406.0
56 and 406.1 MHz;
57 b. Is manufactured by a company approved to manufacture
58 beacons by the International Cospas-Sarsat Programme; and
59 c. Is registered with the United States National Oceanic
60 and Atmospheric Administration.
61 (b) The registration certificate fee imposed under
62 subsection (1) for a recreational vessel equipped with an
63 emergency position-indicating radio beacon, or for a
64 recreational vessel the owner of which owns a personal locator
65 beacon, shall be reduced to the following amounts for each 12
66 month period registered:
67 1. Class A-1—$4.24.
68 2. Class A-2—$13.77.
69 3. Class 1—$24.83.
70 4. Class 2—$68.56.
71 5. Class 3—$112.31.
72 6. Class 4—$134.41.
73 7. Class 5—$167.11.
74 (c) A person who owns a personal locator beacon and who
75 owns more than one recreational vessel qualifies to pay the
76 reduced fee under paragraph (b) for only one such vessel.
77 (d) In order to qualify for reduced registration fees under
78 this subsection, a vessel owner must, at the time of
79 registration, demonstrate that the vessel is equipped with an
80 emergency position-indicating radio beacon or that the vessel
81 owner owns a personal locator beacon. The Department of Highway
82 Safety and Motor Vehicles may adopt rules specifying what
83 constitutes sufficient proof to qualify for reduced registration
84 fees under this subsection, but such proof must contain, at a
85 minimum, the following:
86 1. The name of the beacon owner.
87 2. The expiration date of the beacon’s registration.
88 3. The unique identification number of the beacon.
89 4. For vessels equipped with an emergency position
90 indicating radio beacon, identification of the vessel equipped
91 with the beacon.
92 (e) For each vessel registration qualifying for reduced
93 registration fees under this subsection, an amount equal to the
94 difference between the full registration fee amount and the
95 actual amount of registration fee paid for such vessel
96 registration shall be transferred from the General Revenue Fund
97 to the Department of Highway Safety and Motor Vehicles and shall
98 be distributed pursuant to s. 328.76.
99 (f) The reduced registration certificate fee amounts
100 provided in this subsection apply only to applicable vessels
101 registered during the period beginning July 1, 2016, and ending
102 June 30, 2017.
103 (g) This subsection expires July 1, 2017.
104 Section 2. Subsection (1) of section 328.76, Florida
105 Statutes, is amended to read:
106 328.76 Marine Resources Conservation Trust Fund; vessel
107 registration funds; appropriation and distribution.—
108 (1) Except as otherwise specified in this subsection and
109 less the amount equal to any administrative costs which shall be
110 deposited in the Highway Safety Operating Trust Fund, in each
111 fiscal year beginning on or after July 1, 2001, all funds
112 collected from the registration of vessels through the
113 Department of Highway Safety and Motor Vehicles and the tax
114 collectors of the state and funds transferred from the General
115 Revenue Fund pursuant to s. 328.72(18), except for those funds
116 designated as the county portion pursuant to s. 328.72(1), shall
117 be deposited in the Marine Resources Conservation Trust Fund for
118 recreational channel marking; public launching facilities; law
119 enforcement and quality control programs; aquatic weed control;
120 manatee protection, recovery, rescue, rehabilitation, and
121 release; and marine mammal protection and recovery. The funds
122 collected pursuant to s. 328.72(1) shall be transferred as
123 follows:
124 (a) In each fiscal year, an amount equal to $1.50 for each
125 commercial and recreational vessel registered in this state
126 shall be transferred by the Department of Highway Safety and
127 Motor Vehicles to the Save the Manatee Trust Fund and shall be
128 used only for the purposes specified in s. 379.2431(4).
129 (b) An amount equal to $2 from each recreational vessel
130 registration fee, except that for class A-1 vessels, shall be
131 transferred by the Department of Highway Safety and Motor
132 Vehicles to the Invasive Plant Control Trust Fund in the Fish
133 and Wildlife Conservation Commission for aquatic weed research
134 and control.
135 (c) An amount equal to 40 percent of the registration fees
136 from commercial vessels shall be transferred by the Department
137 of Highway Safety and Motor Vehicles to the Invasive Plant
138 Control Trust Fund in the Fish and Wildlife Conservation
139 Commission for aquatic plant research and control.
140 (d) An amount equal to 40 percent of the registration fees
141 from commercial vessels shall be transferred by the Department
142 of Highway Safety and Motor Vehicles, on a monthly basis, to the
143 General Inspection Trust Fund of the Department of Agriculture
144 and Consumer Services. These funds shall be used for shellfish
145 and aquaculture development and quality control programs.
146 (e) After all administrative costs are funded and the
147 distributions in paragraphs (a)-(d) have been made, up to
148 $400,000 shall be transferred by the Department of Highway
149 Safety and Motor Vehicles to the General Inspection Trust Fund
150 of the Department of Agriculture and Consumer Services to fund
151 activities relating to the protection, restoration, and research
152 of the natural oyster reefs and beds of the state. This
153 paragraph expires July 1, 2017.
154 (f) After all administrative costs are funded and the
155 distributions in paragraphs (a)-(d) have been made, up to
156 $300,000 may be used by the Fish and Wildlife Conservation
157 Commission for boating safety education. This paragraph expires
158 July 1, 2017.
159 Section 3. Subsection (1) of section 328.66, Florida
160 Statutes, is amended to read:
161 328.66 County and municipality optional registration fee.—
162 (1) Any county may impose an annual registration fee on
163 vessels registered, operated, used, or stored on the waters of
164 this state within its jurisdiction. This fee shall be 50 percent
165 of the applicable state registration fee as provided in s.
166 328.72(1) and not the reduced vessel registration fee specified
167 in s. 328.72(18). However, the first $1 of every registration
168 imposed under this subsection shall be remitted to the state for
169 deposit in the Save the Manatee Trust Fund created within the
170 Fish and Wildlife Conservation Commission, and shall be used
171 only for the purposes specified in s. 379.2431(4). All other
172 moneys received from such fee shall be expended for the patrol,
173 regulation, and maintenance of the lakes, rivers, and waters and
174 for other boating-related activities of such municipality or
175 county. A municipality that was imposing a registration fee
176 before April 1, 1984, may continue to levy such fee,
177 notwithstanding the provisions of this section.
178 Section 4. This act shall take effect July 1, 2016.
179
180 ================= T I T L E A M E N D M E N T ================
181 And the title is amended as follows:
182 Delete everything before the enacting clause
183 and insert:
184 A bill to be entitled
185 An act relating to recreational vessel registration;
186 amending s. 328.72, F.S.; providing definitions;
187 providing a reduced recreational vessel registration
188 fee schedule for vessels registered during a specified
189 period which are equipped with an emergency position
190 indicating radio beacon or for which the owner of the
191 vessel owns a personal locator beacon; limiting
192 application to one vessel per owner; authorizing the
193 Department of Highway Safety and Motor Vehicles to
194 adopt rules relating to proof of qualification;
195 providing for certain funds to supplement the reduced
196 amounts collected; providing for expiration of the
197 reduced fee schedule; amending s. 328.76, F.S.,
198 relating to the Marine Resources Conservation Trust
199 Fund; providing for use of the supplemental funds;
200 amending s. 328.66, F.S., relating to county and
201 municipality optional registration fees; specifying
202 that the reduced fees do not apply to the limitation
203 on registration fees charged by a county; providing an
204 effective date.