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:

31  

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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

31  

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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.

31  

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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:

31  

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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,

29  

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.

12  

13            *****************************************

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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