Senate Bill sb1150
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Florida Senate - 2005 SB 1150
By Senator Saunders
37-240-05
1 A bill to be entitled
2 An act relating to vehicle and vessel
3 registration; amending ss. 316.605, 318.14, and
4 318.18, F.S., relating to vehicle licensing,
5 noncriminal traffic infractions, and civil
6 penalties; conforming cross-references;
7 amending s. 320.01, F.S.; redefining the term
8 "registration period"; defining the term
9 "extended registration period"; amending s.
10 320.055, F.S.; establishing an extended
11 registration period and renewal period for
12 certain motor vehicles; amending s. 320.06,
13 F.S.; extending the time period and increasing
14 the replacement fee for registration of license
15 plates and validation stickers; amending s.
16 320.07, F.S.; authorizing the biennial renewal
17 of certain motor vehicle registration upon the
18 payment of certain taxes, service charges, and
19 additional fees; amending s. 320.071, F.S.;
20 clarifying that the registration period for a
21 motor vehicle or mobile home may not exceed a
22 specified number of months; amending s.
23 322.121, F.S., relating to reexamination of
24 drivers; conforming a cross-reference; amending
25 s. 328.72, F.S.; identifying certain vessel
26 owners who are eligible for an extended
27 registration period; providing an effective
28 date.
29
30 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Subsection (2) of section 316.605, Florida
2 Statutes, is amended to read:
3 316.605 Licensing of vehicles.--
4 (2) Any commercial motor vehicle, as defined in s.
5 316.003(66), operating over the highways of this state with an
6 expired registration, with no registration from this or any
7 other jurisdiction, or with no registration under the
8 applicable provisions of chapter 320 shall be in violation of
9 s. 320.07(4) s. 320.07(3) and shall subject the owner or
10 operator of such vehicle to the penalty provided. In
11 addition, a commercial motor vehicle found in violation of
12 this section may be detained by any law enforcement officer
13 until the owner or operator produces evidence that the vehicle
14 has been properly registered and that any applicable
15 delinquent penalties have been paid.
16 Section 2. Subsections (1), (4), and (9) of section
17 318.14, Florida Statutes, are amended to read:
18 318.14 Noncriminal traffic infractions; exception;
19 procedures.--
20 (1) Except as provided in ss. 318.17 and 320.07(4)(c)
21 320.07(3)(c), any person cited for a violation of chapter 316,
22 s. 320.0605, s. 320.07(4)(a) s. 320.07(3)(a) or (b), s.
23 322.065, s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), s.
24 322.19, or s. 1006.66(3) is charged with a noncriminal
25 infraction and must be cited for such an infraction and cited
26 to appear before an official. If another person dies as a
27 result of the noncriminal infraction, the person cited may be
28 required to perform 120 community service hours under s.
29 316.027(4), in addition to any other penalties.
30 (4) Except as provided in subsection (12), any person
31 charged with a noncriminal infraction under this section who
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1 does not elect to appear shall pay the civil penalty and
2 delinquent fee, if applicable, either by mail or in person,
3 within 30 days after the date of issuance of the citation. If
4 the person cited follows the above procedure, he or she shall
5 be deemed to have admitted the infraction and to have waived
6 his or her right to a hearing on the issue of commission of
7 the infraction. Such admission shall not be used as evidence
8 in any other proceedings. Any person who is cited for a
9 violation of s. 320.0605 or s. 322.15(1), or subject to a
10 penalty under s. 320.07(4)(a) s. 320.07(3)(a) or (b) or s.
11 322.065, and who makes an election under this subsection shall
12 submit proof of compliance with the applicable section to the
13 clerk of the court. For the purposes of this subsection, proof
14 of compliance consists of a valid driver's license or a valid
15 registration certificate.
16 (9) Any person who is cited for an infraction under
17 this section other than a violation of s. 320.0605, s.
18 320.07(4)(a) s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1),
19 s. 322.61, or s. 322.62 may, in lieu of a court appearance,
20 elect to attend in the location of his or her choice within
21 this state a basic driver improvement course approved by the
22 Department of Highway Safety and Motor Vehicles. In such a
23 case, adjudication must be withheld; points, as provided by s.
24 322.27, may not be assessed; and the civil penalty that is
25 imposed by s. 318.18(3) must be reduced by 18 percent;
26 however, a person may not make an election under this
27 subsection if the person has made an election under this
28 subsection in the preceding 12 months. A person may make no
29 more than five elections under this subsection. The
30 requirement for community service under s. 318.18(8) is not
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1 waived by a plea of nolo contendere or by the withholding of
2 adjudication of guilt by a court.
3 Section 3. Paragraph (b) of subsection (2) of section
4 318.18, Florida Statutes, is amended to read:
5 318.18 Amount of civil penalties.--The penalties
6 required for a noncriminal disposition pursuant to s. 318.14
7 are as follows:
8 (2) Thirty dollars for all nonmoving traffic
9 violations and:
10 (b) For all violations of ss. 320.0605, 320.07(1),
11 322.065, and 322.15(1). Any person who is cited for a
12 violation of s. 320.07(1) shall be charged a delinquent fee
13 pursuant to s. 320.07(5) s. 320.07(4).
14 1. If a person who is cited for a violation of s.
15 320.0605 or s. 320.07 can show proof of having a valid
16 registration at the time of arrest, the clerk of the court may
17 dismiss the case and may assess a dismissal fee of up to
18 $7.50. A person who finds it impossible or impractical to
19 obtain a valid registration certificate must submit an
20 affidavit detailing the reasons for the impossibility or
21 impracticality. The reasons may include, but are not limited
22 to, the fact that the vehicle was sold, stolen, or destroyed;
23 that the state in which the vehicle is registered does not
24 issue a certificate of registration; or that the vehicle is
25 owned by another person.
26 2. If a person who is cited for a violation of s.
27 322.03, s. 322.065, or s. 322.15 can show a driver's license
28 issued to him or her and valid at the time of arrest, the
29 clerk of the court may dismiss the case and may assess a
30 dismissal fee of up to $7.50.
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1 3. If a person who is cited for a violation of s.
2 316.646 can show proof of security as required by s. 627.733,
3 issued to the person and valid at the time of arrest, the
4 clerk of the court may dismiss the case and may assess a
5 dismissal fee of up to $7.50. A person who finds it impossible
6 or impractical to obtain proof of security must submit an
7 affidavit detailing the reasons for the impracticality. The
8 reasons may include, but are not limited to, the fact that the
9 vehicle has since been sold, stolen, or destroyed; that the
10 owner or registrant of the vehicle is not required by s.
11 627.733 to maintain personal injury protection insurance; or
12 that the vehicle is owned by another person.
13 Section 4. Subsection (19) of section 320.01, Florida
14 Statutes, is amended, and subsection (45) is added to that
15 section, to read:
16 320.01 Definitions, general.--As used in the Florida
17 Statutes, except as otherwise provided, the term:
18 (19) "Registration period" means a period of 12 months
19 or 24 months during which a motor vehicle or mobile home
20 registration is valid.
21 (45) "Extended registration period" means a period of
22 24 months during which a motor vehicle or mobile home
23 registration is valid.
24 Section 5. Present subsections (2) through (7) of
25 section 320.055, Florida Statutes, are redesignated as
26 subsections (3) through (8), respectively, and a new
27 subsection (2) is added to that section, to read:
28 320.055 Registration periods; renewal periods.--The
29 following registration periods and renewal periods are
30 established:
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1 (2) Any motor vehicle that is subject to registration
2 under s. 320.08(1), (2), (3), (4)(a) or (b), (6), (7), (8),
3 (9), (10), or (11) and is owned by a natural person is
4 eligible for an extended registration period, which begins the
5 first day of the birth month of the owner and ends the last
6 day of the month immediately preceding the owner's birth month
7 24 months after the beginning of the registration period. If
8 the vehicle is registered in the name of more than one person,
9 the birth month of the person whose name first appears on the
10 registration shall be used to determine the extended
11 registration period. For a vehicle subject to this extended
12 registration period, the renewal period is the 30-day period
13 ending at midnight on the vehicle owner's date of birth.
14 Section 6. Paragraphs (b) and (c) of subsection (1) of
15 section 320.06, Florida Statutes, are amended to read:
16 320.06 Registration certificates, license plates, and
17 validation stickers generally.--
18 (1)
19 (b) Registration license plates bearing a graphic
20 symbol and the alphanumeric system of identification shall be
21 issued for a 6-year 5-year period. At the end of that 6-year
22 said 5-year period, upon renewal, the plate shall be replaced.
23 The fee for such replacement is $12 shall be $10, $2 of which
24 shall be paid each year before the plate is replaced, to be
25 credited towards the next $12 $10 replacement fee. The fees
26 shall be deposited into the Highway Safety Operating Trust
27 Fund. A credit or refund may shall not be given for any prior
28 years' payments of such prorated replacement fee if when the
29 plate is replaced or surrendered before the end of the 6-year
30 5-year period. With each license plate, there shall be issued
31 a validation sticker showing the owner's birth month, license
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1 plate number, and the year of expiration or the appropriate
2 renewal period if the owner is not a natural person. The
3 validation sticker shall is to be placed on the upper right
4 corner of the license plate. Such license plate and validation
5 sticker shall be issued based on the applicant's appropriate
6 renewal period. The registration period is shall be a period
7 of 12 months, the extended registration period is a period of
8 24 months, and all expirations shall occur based on the
9 applicant's appropriate registration period. A vehicle with an
10 apportioned registration shall be issued an annual license
11 plate and a cab card that denote the declared gross vehicle
12 weight for each apportioned jurisdiction in which the vehicle
13 is authorized to operate.
14 (c) Registration license plates equipped with
15 validation stickers subject to the registration period are
16 shall be valid for not more than 12 months and shall expire at
17 midnight on the last day of the registration period. A
18 registration license plate equipped with a validation sticker
19 subject to the extended registration period is valid for not
20 more than 24 months and expires at midnight on the last day of
21 the extended registration period. For each registration period
22 after the one in which the metal registration license plate is
23 issued, and until the license plate is required to be
24 replaced, a validation sticker showing the month and year of
25 expiration shall be issued upon payment of the proper license
26 tax amount and fees and is shall be valid for not more than 12
27 months. For each extended registration period occurring after
28 the one in which the metal registration license plate is
29 issued, and until the license plate is required to be
30 replaced, a validation sticker showing the year of expiration
31 shall be issued upon payment of the proper license tax amount
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1 and fees and is valid for not more than 24 months. When
2 license plates equipped with validation stickers are issued in
3 any month other than the owner's birth month or the designated
4 registration period for any other motor vehicle, the effective
5 date shall reflect the birth month or month and the year of
6 renewal. However, when a license plate or validation sticker
7 is issued for a period of less than 12 months, the applicant
8 shall pay the appropriate amount of license tax and the
9 applicable fee under the provisions of s. 320.14 in addition
10 to all other fees. Validation stickers issued for vehicles
11 taxed under the provisions of s. 320.08(6)(a), for any company
12 that which owns 250 vehicles or more, or for semitrailers
13 taxed under the provisions of s. 320.08(5)(a), for any company
14 that which owns 50 vehicles or more, may be placed on any
15 vehicle in the fleet so long as the vehicle receiving the
16 validation sticker has the same owner's name and address as
17 the vehicle to which the validation sticker was originally
18 assigned.
19 Section 7. Section 320.07, Florida Statutes, is
20 amended to read:
21 320.07 Expiration of registration; annual renewal
22 required; penalties.--
23 (1) The registration of a motor vehicle or mobile home
24 expires shall expire at midnight on the last day of the
25 registration or extended registration period. A vehicle may
26 shall not be operated on the roads of this state after
27 expiration of the renewal period unless the registration has
28 been renewed according to law.
29 (2) Registration shall be renewed annually during the
30 applicable renewal period, upon payment of the applicable
31 license tax amount required by s. 320.08, service charges
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1 required by s. 320.04, and any additional fees required by
2 law. However, any person owning a motor vehicle registered
3 under s. 320.08(4), (6)(b), or (13) may register semiannually
4 as provided in s. 320.0705.
5 (3) Any person who owns a motor vehicle registered
6 under s. 320.08(1), (2), or (3) may renew the vehicle
7 registration biennially during the applicable renewal period
8 upon payment of the cumulative sum of all applicable license
9 tax amounts required by s. 320.08, service charges required by
10 s. 320.04, and any additional fees required by law for the
11 24-month extended registration period.
12 (4)(3) The operation of any motor vehicle without
13 having attached thereto a registration license plate and
14 validation stickers, or the use of any mobile home without
15 having attached thereto a mobile home sticker, for the current
16 registration period shall subject the owner thereof, if he or
17 she is present, or, if the owner is not present, the operator
18 thereof to the following penalty provisions:
19 (a) Any person whose motor vehicle or mobile home
20 registration has been expired for a period of 6 months or less
21 commits a noncriminal traffic infraction, punishable as a
22 nonmoving violation as provided in chapter 318.
23 (b) Any person whose motor vehicle or mobile home
24 registration has been expired for more than 6 months, shall
25 upon a first offense, is be subject to the penalty provided in
26 s. 318.14.
27 (c) Any person whose motor vehicle or mobile home
28 registration has been expired for more than 6 months, shall
29 upon a second or subsequent offense, commits be guilty of a
30 misdemeanor of the second degree, punishable as provided in s.
31 775.082 or s. 775.083.
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1 (d) However, an no operator may not shall be charged
2 with a violation of this subsection if the operator can show,
3 pursuant to a valid lease agreement, that the vehicle had been
4 leased for a period of 30 days or less at the time of the
5 offense.
6 (e) Any servicemember, as defined in s. 250.01, whose
7 mobile home registration has expired while he or she has been
8 serving on active duty or state active duty may shall not be
9 charged with a violation of this subsection if, at the time of
10 the offense, the servicemember was serving on active duty or
11 state active duty 35 miles or more from the mobile home. The
12 servicemember must present to the department either a copy of
13 the official military orders or a written verification signed
14 by the servicemember's commanding officer to receive a waiver
15 of waive charges.
16 (5)(4)(a) In addition to a penalty provided in
17 subsection (4) (3), a delinquent fee based on the following
18 schedule of license taxes shall be imposed on any applicant
19 who fails to renew a registration prior to the end of the
20 month in which renewal registration is due. The delinquent
21 fee shall be applied beginning on the 11th calendar day of the
22 month succeeding the renewal period. The delinquent fee does
23 shall not apply to those vehicles that which have not been
24 required to be registered during the preceding registration
25 period or as provided in s. 320.18(2). The delinquent fee
26 shall be imposed as follows:
27 1. License tax of $5 but not more than $25: $5 flat.
28 2. License tax over $25 but not more than $50: $10
29 flat.
30 3. License tax over $50 but not more than $100: $15
31 flat.
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1 4. License tax over $100 but not more than $400: $50
2 flat.
3 5. License tax over $400 but not more than $600: $100
4 flat.
5 6. License tax over $600 and up: $250 flat.
6 (b) A person who has been assessed a penalty pursuant
7 to s. 316.545(2)(b) for failure to have a valid vehicle
8 registration certificate is not subject to the delinquent fee
9 authorized by this subsection if such person obtains a valid
10 registration certificate within 10 working days after such
11 penalty was assessed. The official receipt authorized by s.
12 316.545(6) constitutes proof of payment of the penalty
13 authorized in s. 316.545(2)(b).
14 (6)(5) Any servicemember, as defined in s. 250.01,
15 whose motor vehicle or mobile home registration has expired
16 while he or she was serving on active duty or state active
17 duty, shall be permitted able to renew his or her registration
18 upon return from active duty or state active duty without
19 penalty, if the servicemember served on active duty or state
20 active duty 35 miles or more from the servicemember's home of
21 record prior to entering active duty or state active duty. The
22 servicemember must provide to the department either a copy of
23 the official military orders or a written verification signed
24 by the servicemember's commanding officer to receive a waiver
25 of waive delinquent fees.
26 (7)(6) Delinquent fees imposed under this section may
27 shall not be apportionable under the International
28 Registration Plan.
29 Section 8. Paragraph (a) of subsection (1) of section
30 320.071, Florida Statutes, is amended to read:
31 320.071 Advance registration renewal; procedures.--
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1 (1)(a) The owner of any motor vehicle or mobile home
2 currently registered in this state may file an application for
3 renewal of registration with the department, or its authorized
4 agent in the county wherein the owner resides, any time during
5 the 3 months preceding the date of expiration of the
6 registration period. The registration period may not exceed 27
7 months.
8 Section 9. Subsection (3) of section 322.121, Florida
9 Statutes, is amended to read:
10 322.121 Periodic reexamination of all drivers.--
11 (3) For each licensee whose driving record does not
12 show any revocations, disqualifications, or suspensions for
13 the preceding 7 years or any convictions for the preceding 3
14 years except for convictions of the following nonmoving
15 violations:
16 (a) Failure to exhibit a vehicle registration
17 certificate, rental agreement, or cab card pursuant to s.
18 320.0605;
19 (b) Failure to renew a motor vehicle or mobile home
20 registration that has been expired for 4 months or less
21 pursuant to s. 320.07(4)(a) s. 320.07(3)(a);
22 (c) Operating a motor vehicle with an expired license
23 that has been expired for 4 months or less pursuant to s.
24 322.065;
25 (d) Failure to carry or exhibit a license pursuant to
26 s. 322.15(1); or
27 (e) Failure to notify the department of a change of
28 address or name within 10 days pursuant to s. 322.19,
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30 the department shall cause such licensee's license to be
31 prominently marked with the notation "Safe Driver."
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1 Section 10. Subsection (12) of section 328.72, Florida
2 Statutes, is amended to read:
3 328.72 Classification; registration; fees and charges;
4 surcharge; disposition of fees; fines; marine turtle
5 stickers.--
6 (12) REGISTRATION.--
7 (a) "Registration period" is a period of 12 months
8 during which a vessel registration is valid.
9 (b) Any vessel owner who is subject to registration
10 under subparagraph (c)1. is eligible for an extended
11 registration period that begins the first day of the birth
12 month of the owner and ends the last day of the month
13 immediately preceding the owner's birth month 24 months after
14 the beginning of the registration period. If the vessel is
15 registered in the name of more than one person, the birth
16 month of the person whose name first appears on the
17 registration shall be used to determine the extended
18 registration period. For a vessel subject to this extended
19 registration period, the renewal period is the 30-day period
20 ending at midnight on the vessel owner's date of birth.
21 "Renewal period" is a period of 30 days during which renewal
22 of a vessel registration is required, except as otherwise
23 provided by law.
24 (c) The following registration periods and renewal
25 periods are established:
26 1. For vessels owned by individuals, the registration
27 period begins the first day of the birth month of the owner
28 and ends the last day of the month immediately preceding the
29 owner's birth month in the succeeding year. If the vessel is
30 registered in the name of more than one person, the birth
31 month of the person whose name first appears on the
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1 registration shall be used to determine the registration
2 period. For a vessel subject to this registration period, the
3 renewal period is the 30-day period ending at midnight on the
4 vessel owner's date of birth.
5 2. For vessels owned by companies, corporations,
6 governmental entities, and registrations issued to dealers and
7 manufacturers, the registration period begins July 1 and ends
8 June 30. The renewal period is the 30-day period beginning
9 June 1.
10 Section 11. This act shall take effect January 1,
11 2006.
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14 SENATE SUMMARY
15 Establishes a 24-month extended registration period and
renewal period for motor vehicles, motorcycles, trucks,
16 trailers, recreational vehicles, mobile homes, and
vessels. Extends time periods and specifies replacement
17 fees for license plates and validation stickers. Permits
the biennial renewal of certain motor vehicle
18 registrations upon the payment of certain taxes, service
charges, and additional fees. Clarifies that the
19 registration period for a motor vehicle or mobile home
may not exceed 27 months.
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