1 | A bill to be entitled |
2 | An act relating to motor vehicle, mobile home, and vessel |
3 | registration; amending ss. 316.605, 318.14, and 318.18, |
4 | F.S., relating to vehicle licensing, noncriminal traffic |
5 | infractions, and civil penalties; conforming cross- |
6 | references; amending s. 320.01, F.S.; redefining the term |
7 | "registration period"; defining the term "extended |
8 | registration period"; amending s. 320.055, F.S.; |
9 | establishing an extended registration period and renewal |
10 | period for certain motor vehicles and mobile homes; |
11 | amending s. 320.06, F.S.; extending the time period and |
12 | increasing the fee for replacement of registration license |
13 | plates; extending period of validity of license plates and |
14 | validation stickers to provide for extended registration |
15 | period; amending s. 320.07, F.S.; authorizing the biennial |
16 | renewal of certain motor vehicle registration; amending s. |
17 | 320.071, F.S.; clarifying that the registration period for |
18 | a motor vehicle or mobile home may not exceed a specified |
19 | number of months; amending s. 322.121, F.S., relating to |
20 | reexamination of drivers; conforming a cross-reference; |
21 | amending s. 328.72, F.S.; providing for an extended |
22 | registration period for certain vessel owners; providing |
23 | an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Subsection (2) of section 316.605, Florida |
28 | Statutes, is amended to read: |
29 | 316.605 Licensing of vehicles.-- |
30 | (2) Any commercial motor vehicle, as defined in s. |
31 | 316.003(66), operating over the highways of this state with an |
32 | expired registration, with no registration from this or any |
33 | other jurisdiction, or with no registration under the applicable |
34 | provisions of chapter 320 shall be in violation of s. 320.07(4) |
35 | s. 320.07(3) and shall subject the owner or operator of such |
36 | vehicle to the penalty provided. In addition, a commercial |
37 | motor vehicle found in violation of this section may be detained |
38 | by any law enforcement officer until the owner or operator |
39 | produces evidence that the vehicle has been properly registered |
40 | and that any applicable delinquent penalties have been paid. |
41 | Section 2. Subsections (1), (4), and (9) of section |
42 | 318.14, Florida Statutes, are amended to read: |
43 | 318.14 Noncriminal traffic infractions; exception; |
44 | procedures.-- |
45 | (1) Except as provided in ss. 318.17 and 320.07(4)(c) |
46 | 320.07(3)(c), any person cited for a violation of chapter 316, |
47 | s. 320.0605, s. 320.07(4)(a) s. 320.07(3)(a) or (b), s. 322.065, |
48 | s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or |
49 | s. 1006.66(3) is charged with a noncriminal infraction and must |
50 | be cited for such an infraction and cited to appear before an |
51 | official. If another person dies as a result of the noncriminal |
52 | infraction, the person cited may be required to perform 120 |
53 | community service hours under s. 316.027(4), in addition to any |
54 | other penalties. |
55 | (4) Except as provided in subsection (12), any person |
56 | charged with a noncriminal infraction under this section who |
57 | does not elect to appear shall pay the civil penalty and |
58 | delinquent fee, if applicable, either by mail or in person, |
59 | within 30 days after the date of issuance of the citation. If |
60 | the person cited follows the above procedure, he or she shall be |
61 | deemed to have admitted the infraction and to have waived his or |
62 | her right to a hearing on the issue of commission of the |
63 | infraction. Such admission shall not be used as evidence in any |
64 | other proceedings. Any person who is cited for a violation of s. |
65 | 320.0605 or s. 322.15(1), or subject to a penalty under s. |
66 | 320.07(4)(a) s. 320.07(3)(a) or (b) or s. 322.065, and who makes |
67 | an election under this subsection shall submit proof of |
68 | compliance with the applicable section to the clerk of the |
69 | court. For the purposes of this subsection, proof of compliance |
70 | consists of a valid driver's license or a valid registration |
71 | certificate. |
72 | (9) Any person who is cited for an infraction under this |
73 | section other than a violation of s. 320.0605, s. 320.07(4)(a) |
74 | s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or |
75 | s. 322.62 may, in lieu of a court appearance, elect to attend in |
76 | the location of his or her choice within this state a basic |
77 | driver improvement course approved by the Department of Highway |
78 | Safety and Motor Vehicles. In such a case, adjudication must be |
79 | withheld; points, as provided by s. 322.27, may not be assessed; |
80 | and the civil penalty that is imposed by s. 318.18(3) must be |
81 | reduced by 18 percent; however, a person may not make an |
82 | election under this subsection if the person has made an |
83 | election under this subsection in the preceding 12 months. A |
84 | person may make no more than five elections under this |
85 | subsection. The requirement for community service under s. |
86 | 318.18(8) is not waived by a plea of nolo contendere or by the |
87 | withholding of adjudication of guilt by a court. |
88 | Section 3. Paragraph (b) of subsection (2) of section |
89 | 318.18, Florida Statutes, is amended to read: |
90 | 318.18 Amount of civil penalties.--The penalties required |
91 | for a noncriminal disposition pursuant to s. 318.14 are as |
92 | follows: |
93 | (2) Thirty dollars for all nonmoving traffic violations |
94 | and: |
95 | (b) For all violations of ss. 320.0605, 320.07(1), |
96 | 322.065, and 322.15(1). Any person who is cited for a violation |
97 | of s. 320.07(1) shall be charged a delinquent fee pursuant to s. |
98 | 320.07(5) s. 320.07(4). |
99 | 1. If a person who is cited for a violation of s. 320.0605 |
100 | or s. 320.07 can show proof of having a valid registration at |
101 | the time of arrest, the clerk of the court may dismiss the case |
102 | and may assess a dismissal fee of up to $7.50. A person who |
103 | finds it impossible or impractical to obtain a valid |
104 | registration certificate must submit an affidavit detailing the |
105 | reasons for the impossibility or impracticality. The reasons may |
106 | include, but are not limited to, the fact that the vehicle was |
107 | sold, stolen, or destroyed; that the state in which the vehicle |
108 | is registered does not issue a certificate of registration; or |
109 | that the vehicle is owned by another person. |
110 | 2. If a person who is cited for a violation of s. 322.03, |
111 | s. 322.065, or s. 322.15 can show a driver's license issued to |
112 | him or her and valid at the time of arrest, the clerk of the |
113 | court may dismiss the case and may assess a dismissal fee of up |
114 | to $7.50. |
115 | 3. If a person who is cited for a violation of s. 316.646 |
116 | can show proof of security as required by s. 627.733, issued to |
117 | the person and valid at the time of arrest, the clerk of the |
118 | court may dismiss the case and may assess a dismissal fee of up |
119 | to $7.50. A person who finds it impossible or impractical to |
120 | obtain proof of security must submit an affidavit detailing the |
121 | reasons for the impracticality. The reasons may include, but are |
122 | not limited to, the fact that the vehicle has since been sold, |
123 | stolen, or destroyed; that the owner or registrant of the |
124 | vehicle is not required by s. 627.733 to maintain personal |
125 | injury protection insurance; or that the vehicle is owned by |
126 | another person. |
127 | Section 4. Subsection (19) of section 320.01, Florida |
128 | Statutes, is amended, and subsection (45) is added to that |
129 | section, to read: |
130 | 320.01 Definitions, general.--As used in the Florida |
131 | Statutes, except as otherwise provided, the term: |
132 | (19) "Registration period" means a period of 12 months or |
133 | 24 months during which a motor vehicle or mobile home |
134 | registration is valid. |
135 | (45) "Extended registration period" means a period of 24 |
136 | months during which a motor vehicle or mobile home registration |
137 | is valid. |
138 | Section 5. Present subsections (2), (3), (4), (5), (6), |
139 | and (7) of section 320.055, Florida Statutes, are redesignated |
140 | as subsections (3), (4), (5), (6), (7), and (8), respectively, |
141 | and a new subsection (2) is added to that section, to read: |
142 | 320.055 Registration periods; renewal periods.--The |
143 | following registration periods and renewal periods are |
144 | established: |
145 | (2) Any motor vehicle that is subject to registration |
146 | under s. 320.08(1), (2), (3), (4)(a) or (b), (6), (7), (8), (9), |
147 | (10), or (11) and is owned by a natural person is eligible for |
148 | an extended registration period, which begins the first day of |
149 | the birth month of the owner and ends the last day of the month |
150 | immediately preceding the owner's birth month 24 months after |
151 | the beginning of the registration period. If the vehicle is |
152 | registered in the name of more than one person, the birth month |
153 | of the person whose name first appears on the registration shall |
154 | be used to determine the extended registration period. For a |
155 | vehicle subject to this extended registration period, the |
156 | renewal period is the 30-day period ending at midnight on the |
157 | vehicle owner's date of birth. |
158 | Section 6. Paragraphs (b) and (c) of subsection (1) of |
159 | section 320.06, Florida Statutes, are amended to read: |
160 | 320.06 Registration certificates, license plates, and |
161 | validation stickers generally.-- |
162 | (1) |
163 | (b) Registration license plates bearing a graphic symbol |
164 | and the alphanumeric system of identification shall be issued |
165 | for a 6-year 5-year period. At the end of that 6-year said 5- |
166 | year period, upon renewal, the plate shall be replaced. The fee |
167 | for such replacement is $12 shall be $10, $2 of which shall be |
168 | paid each year before the plate is replaced, to be credited |
169 | towards the next $12 $10 replacement fee. The fees shall be |
170 | deposited into the Highway Safety Operating Trust Fund. A credit |
171 | or refund may shall not be given for any prior years' payments |
172 | of such prorated replacement fee if when the plate is replaced |
173 | or surrendered before the end of the 6-year 5-year period. With |
174 | each license plate, there shall be issued a validation sticker |
175 | showing the owner's birth month, license plate number, and the |
176 | year of expiration or the appropriate renewal period if the |
177 | owner is not a natural person. The validation sticker shall is |
178 | to be placed on the upper right corner of the license plate. |
179 | Such license plate and validation sticker shall be issued based |
180 | on the applicant's appropriate renewal period. The registration |
181 | period is shall be a period of 12 months, the extended |
182 | registration period is a period of 24 months, and all |
183 | expirations shall occur based on the applicant's appropriate |
184 | registration period. A vehicle with an apportioned registration |
185 | shall be issued an annual license plate and a cab card that |
186 | denote the declared gross vehicle weight for each apportioned |
187 | jurisdiction in which the vehicle is authorized to operate. |
188 | (c) Registration license plates equipped with validation |
189 | stickers subject to the registration period are shall be valid |
190 | for not more than 12 months and shall expire at midnight on the |
191 | last day of the registration period. A registration license |
192 | plate equipped with a validation sticker subject to the extended |
193 | registration period is valid for not more than 24 months and |
194 | expires at midnight on the last day of the extended registration |
195 | period. For each registration period after the one in which the |
196 | metal registration license plate is issued, and until the |
197 | license plate is required to be replaced, a validation sticker |
198 | showing the month and year of expiration shall be issued upon |
199 | payment of the proper license tax amount and fees and is shall |
200 | be valid for not more than 12 months. For each extended |
201 | registration period occurring after the one in which the metal |
202 | registration license plate is issued and until the license plate |
203 | is required to be replaced, a validation sticker showing the |
204 | year of expiration shall be issued upon payment of the proper |
205 | license tax amount and fees and is valid for not more than 24 |
206 | months. When license plates equipped with validation stickers |
207 | are issued in any month other than the owner's birth month or |
208 | the designated registration period for any other motor vehicle, |
209 | the effective date shall reflect the birth month or month and |
210 | the year of renewal. However, when a license plate or validation |
211 | sticker is issued for a period of less than 12 months, the |
212 | applicant shall pay the appropriate amount of license tax and |
213 | the applicable fee under the provisions of s. 320.14 in addition |
214 | to all other fees. Validation stickers issued for vehicles taxed |
215 | under the provisions of s. 320.08(6)(a), for any company that |
216 | which owns 250 vehicles or more, or for semitrailers taxed under |
217 | the provisions of s. 320.08(5)(a), for any company that which |
218 | owns 50 vehicles or more, may be placed on any vehicle in the |
219 | fleet so long as the vehicle receiving the validation sticker |
220 | has the same owner's name and address as the vehicle to which |
221 | the validation sticker was originally assigned. |
222 | Section 7. Section 320.07, Florida Statutes, is amended to |
223 | read: |
224 | 320.07 Expiration of registration; annual renewal |
225 | required; penalties.-- |
226 | (1) The registration of a motor vehicle or mobile home |
227 | expires shall expire at midnight on the last day of the |
228 | registration or extended registration period. A vehicle may |
229 | shall not be operated on the roads of this state after |
230 | expiration of the renewal period unless the registration has |
231 | been renewed according to law. |
232 | (2) Registration shall be renewed annually during the |
233 | applicable renewal period, upon payment of the applicable |
234 | license tax amount required by s. 320.08, service charges |
235 | required by s. 320.04, and any additional fees required by law. |
236 | However, any person owning a motor vehicle registered under s. |
237 | 320.08(4), (6)(b), or (13) may register semiannually as provided |
238 | in s. 320.0705. |
239 | (3) Any person who owns a motor vehicle registered under |
240 | s. 320.08(1), (2), or (3) may renew the vehicle registration |
241 | biennially during the applicable renewal period upon payment of |
242 | the cumulative sum of all applicable license tax amounts |
243 | required by s. 320.08, service charges required by s. 320.04, |
244 | and any additional fees required by law for the 24-month |
245 | extended registration period. |
246 | (4)(3) The operation of any motor vehicle without having |
247 | attached thereto a registration license plate and validation |
248 | stickers, or the use of any mobile home without having attached |
249 | thereto a mobile home sticker, for the current registration |
250 | period shall subject the owner thereof, if he or she is present, |
251 | or, if the owner is not present, the operator thereof to the |
252 | following penalty provisions: |
253 | (a) Any person whose motor vehicle or mobile home |
254 | registration has been expired for a period of 6 months or less |
255 | commits a noncriminal traffic infraction, punishable as a |
256 | nonmoving violation as provided in chapter 318. |
257 | (b) Any person whose motor vehicle or mobile home |
258 | registration has been expired for more than 6 months, shall upon |
259 | a first offense, is be subject to the penalty provided in s. |
260 | 318.14. |
261 | (c) Any person whose motor vehicle or mobile home |
262 | registration has been expired for more than 6 months, shall upon |
263 | a second or subsequent offense, commits be guilty of a |
264 | misdemeanor of the second degree, punishable as provided in s. |
265 | 775.082 or s. 775.083. |
266 | (d) However, an no operator may not shall be charged with |
267 | a violation of this subsection if the operator can show, |
268 | pursuant to a valid lease agreement, that the vehicle had been |
269 | leased for a period of 30 days or less at the time of the |
270 | offense. |
271 | (e) Any servicemember, as defined in s. 250.01, whose |
272 | mobile home registration has expired while he or she has been |
273 | serving on active duty or state active duty may shall not be |
274 | charged with a violation of this subsection if, at the time of |
275 | the offense, the servicemember was serving on active duty or |
276 | state active duty 35 miles or more from the mobile home. The |
277 | servicemember must present to the department either a copy of |
278 | the official military orders or a written verification signed by |
279 | the servicemember's commanding officer to receive a waiver of |
280 | waive charges. |
281 | (5)(4)(a) In addition to a penalty provided in subsection |
282 | (4) (3), a delinquent fee based on the following schedule of |
283 | license taxes shall be imposed on any applicant who fails to |
284 | renew a registration prior to the end of the month in which |
285 | renewal registration is due. The delinquent fee shall be applied |
286 | beginning on the 11th calendar day of the month succeeding the |
287 | renewal period. The delinquent fee does shall not apply to those |
288 | vehicles that which have not been required to be registered |
289 | during the preceding registration period or as provided in s. |
290 | 320.18(2). The delinquent fee shall be imposed as follows: |
291 | 1. License tax of $5 but not more than $25: $5 flat. |
292 | 2. License tax over $25 but not more than $50: $10 flat. |
293 | 3. License tax over $50 but not more than $100: $15 flat. |
294 | 4. License tax over $100 but not more than $400: $50 flat. |
295 | 5. License tax over $400 but not more than $600: $100 |
296 | flat. |
297 | 6. License tax over $600 and up: $250 flat. |
298 | (b) A person who has been assessed a penalty pursuant to |
299 | s. 316.545(2)(b) for failure to have a valid vehicle |
300 | registration certificate is not subject to the delinquent fee |
301 | authorized by this subsection if such person obtains a valid |
302 | registration certificate within 10 working days after such |
303 | penalty was assessed. The official receipt authorized by s. |
304 | 316.545(6) constitutes proof of payment of the penalty |
305 | authorized in s. 316.545(2)(b). |
306 | (6)(5) Any servicemember, as defined in s. 250.01, whose |
307 | motor vehicle or mobile home registration has expired while he |
308 | or she was serving on active duty or state active duty, shall be |
309 | permitted able to renew his or her registration upon return from |
310 | active duty or state active duty without penalty, if the |
311 | servicemember served on active duty or state active duty 35 |
312 | miles or more from the servicemember's home of record prior to |
313 | entering active duty or state active duty. The servicemember |
314 | must provide to the department either a copy of the official |
315 | military orders or a written verification signed by the |
316 | servicemember's commanding officer to receive a waiver of waive |
317 | delinquent fees. |
318 | (7)(6) Delinquent fees imposed under this section may |
319 | shall not be apportionable under the International Registration |
320 | Plan. |
321 | Section 8. Paragraph (a) of subsection (1) of section |
322 | 320.071, Florida Statutes, is amended to read: |
323 | 320.071 Advance registration renewal; procedures.-- |
324 | (1)(a) The owner of any motor vehicle or mobile home |
325 | currently registered in this state may file an application for |
326 | renewal of registration with the department, or its authorized |
327 | agent in the county wherein the owner resides, any time during |
328 | the 3 months preceding the date of expiration of the |
329 | registration period. The registration period may not exceed 27 |
330 | months. |
331 | Section 9. Subsection (3) of section 322.121, Florida |
332 | Statutes, is amended to read: |
333 | 322.121 Periodic reexamination of all drivers.-- |
334 | (3) For each licensee whose driving record does not show |
335 | any revocations, disqualifications, or suspensions for the |
336 | preceding 7 years or any convictions for the preceding 3 years |
337 | except for convictions of the following nonmoving violations: |
338 | (a) Failure to exhibit a vehicle registration certificate, |
339 | rental agreement, or cab card pursuant to s. 320.0605; |
340 | (b) Failure to renew a motor vehicle or mobile home |
341 | registration that has been expired for 4 months or less pursuant |
342 | to s. 320.07(4)(a) s. 320.07(3)(a); |
343 | (c) Operating a motor vehicle with an expired license that |
344 | has been expired for 4 months or less pursuant to s. 322.065; |
345 | (d) Failure to carry or exhibit a license pursuant to s. |
346 | 322.15(1); or |
347 | (e) Failure to notify the department of a change of |
348 | address or name within 10 days pursuant to s. 322.19, |
349 |
|
350 | the department shall cause such licensee's license to be |
351 | prominently marked with the notation "Safe Driver." |
352 | Section 10. Subsection (12) of section 328.72, Florida |
353 | Statutes, is amended to read: |
354 | 328.72 Classification; registration; fees and charges; |
355 | surcharge; disposition of fees; fines; marine turtle stickers.-- |
356 | (12) REGISTRATION.-- |
357 | (a) "Registration period" is a period of 12 months during |
358 | which a vessel registration is valid. |
359 | (b) Any vessel owner who is subject to registration under |
360 | subparagraph (c)1. is eligible for an extended registration |
361 | period that begins the first day of the birth month of the owner |
362 | and ends the last day of the month immediately preceding the |
363 | owner's birth month 24 months after the beginning of the |
364 | registration period. If the vessel is registered in the name of |
365 | more than one person, the birth month of the person whose name |
366 | first appears on the registration shall be used to determine the |
367 | extended registration period. For a vessel subject to this |
368 | extended registration period, the renewal period is the 30-day |
369 | period ending at midnight on the vessel owner's date of birth. |
370 | "Renewal period" is a period of 30 days during which renewal of |
371 | a vessel registration is required, except as otherwise provided |
372 | by law. |
373 | (c) The following registration periods and renewal periods |
374 | are established: |
375 | 1. For vessels owned by individuals, the registration |
376 | period begins the first day of the birth month of the owner and |
377 | ends the last day of the month immediately preceding the owner's |
378 | birth month in the succeeding year. If the vessel is registered |
379 | in the name of more than one person, the birth month of the |
380 | person whose name first appears on the registration shall be |
381 | used to determine the registration period. For a vessel subject |
382 | to this registration period, the renewal period is the 30-day |
383 | period ending at midnight on the vessel owner's date of birth. |
384 | 2. For vessels owned by companies, corporations, |
385 | governmental entities, and registrations issued to dealers and |
386 | manufacturers, the registration period begins July 1 and ends |
387 | June 30. The renewal period is the 30-day period beginning June |
388 | 1. |
389 | Section 11. This act shall take effect January 1, 2006. |