HB 0435

1
A bill to be entitled
2An act relating to motor vehicle, mobile home, and vessel
3registration; amending ss. 316.605, 318.14, and 318.18,
4F.S., relating to vehicle licensing, noncriminal traffic
5infractions, and civil penalties; conforming cross-
6references; amending s. 320.01, F.S.; redefining the term
7"registration period"; defining the term "extended
8registration period"; amending s. 320.055, F.S.;
9establishing an extended registration period and renewal
10period for certain motor vehicles and mobile homes;
11amending s. 320.06, F.S.; extending the time period and
12increasing the fee for replacement of registration license
13plates; extending period of validity of license plates and
14validation stickers to provide for extended registration
15period; amending s. 320.07, F.S.; authorizing the biennial
16renewal of certain motor vehicle registration; amending s.
17320.071, F.S.; clarifying that the registration period for
18a motor vehicle or mobile home may not exceed a specified
19number of months; amending s. 322.121, F.S., relating to
20reexamination of drivers; conforming a cross-reference;
21amending s. 328.72, F.S.; providing for an extended
22registration period for certain vessel owners; providing
23an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (2) of section 316.605, Florida
28Statutes, is amended to read:
29     316.605  Licensing of vehicles.--
30     (2)  Any commercial motor vehicle, as defined in s.
31316.003(66), operating over the highways of this state with an
32expired registration, with no registration from this or any
33other jurisdiction, or with no registration under the applicable
34provisions of chapter 320 shall be in violation of s. 320.07(4)
35s. 320.07(3) and shall subject the owner or operator of such
36vehicle to the penalty provided.  In addition, a commercial
37motor vehicle found in violation of this section may be detained
38by any law enforcement officer until the owner or operator
39produces evidence that the vehicle has been properly registered
40and that any applicable delinquent penalties have been paid.
41     Section 2.  Subsections (1), (4), and (9) of section
42318.14, Florida Statutes, are amended to read:
43     318.14  Noncriminal traffic infractions; exception;
44procedures.--
45     (1)  Except as provided in ss. 318.17 and 320.07(4)(c)
46320.07(3)(c), any person cited for a violation of chapter 316,
47s. 320.0605, s. 320.07(4)(a) s. 320.07(3)(a) or (b), s. 322.065,
48s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or
49s. 1006.66(3) is charged with a noncriminal infraction and must
50be cited for such an infraction and cited to appear before an
51official. If another person dies as a result of the noncriminal
52infraction, the person cited may be required to perform 120
53community service hours under s. 316.027(4), in addition to any
54other penalties.
55     (4)  Except as provided in subsection (12), any person
56charged with a noncriminal infraction under this section who
57does not elect to appear shall pay the civil penalty and
58delinquent fee, if applicable, either by mail or in person,
59within 30 days after the date of issuance of the citation. If
60the person cited follows the above procedure, he or she shall be
61deemed to have admitted the infraction and to have waived his or
62her right to a hearing on the issue of commission of the
63infraction. Such admission shall not be used as evidence in any
64other proceedings. Any person who is cited for a violation of s.
65320.0605 or s. 322.15(1), or subject to a penalty under s.
66320.07(4)(a) s. 320.07(3)(a) or (b) or s. 322.065, and who makes
67an election under this subsection shall submit proof of
68compliance with the applicable section to the clerk of the
69court. For the purposes of this subsection, proof of compliance
70consists of a valid driver's license or a valid registration
71certificate.
72     (9)  Any person who is cited for an infraction under this
73section other than a violation of s. 320.0605, s. 320.07(4)(a)
74s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
75s. 322.62 may, in lieu of a court appearance, elect to attend in
76the location of his or her choice within this state a basic
77driver improvement course approved by the Department of Highway
78Safety and Motor Vehicles. In such a case, adjudication must be
79withheld; points, as provided by s. 322.27, may not be assessed;
80and the civil penalty that is imposed by s. 318.18(3) must be
81reduced by 18 percent; however, a person may not make an
82election under this subsection if the person has made an
83election under this subsection in the preceding 12 months. A
84person may make no more than five elections under this
85subsection. The requirement for community service under s.
86318.18(8) is not waived by a plea of nolo contendere or by the
87withholding of adjudication of guilt by a court.
88     Section 3.  Paragraph (b) of subsection (2) of section
89318.18, Florida Statutes, is amended to read:
90     318.18  Amount of civil penalties.--The penalties required
91for a noncriminal disposition pursuant to s. 318.14 are as
92follows:
93     (2)  Thirty dollars for all nonmoving traffic violations
94and:
95     (b)  For all violations of ss. 320.0605, 320.07(1),
96322.065, and 322.15(1). Any person who is cited for a violation
97of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
98320.07(5) s. 320.07(4).
99     1.  If a person who is cited for a violation of s. 320.0605
100or s. 320.07 can show proof of having a valid registration at
101the time of arrest, the clerk of the court may dismiss the case
102and may assess a dismissal fee of up to $7.50. A person who
103finds it impossible or impractical to obtain a valid
104registration certificate must submit an affidavit detailing the
105reasons for the impossibility or impracticality. The reasons may
106include, but are not limited to, the fact that the vehicle was
107sold, stolen, or destroyed; that the state in which the vehicle
108is registered does not issue a certificate of registration; or
109that the vehicle is owned by another person.
110     2.  If a person who is cited for a violation of s. 322.03,
111s. 322.065, or s. 322.15 can show a driver's license issued to
112him or her and valid at the time of arrest, the clerk of the
113court may dismiss the case and may assess a dismissal fee of up
114to $7.50.
115     3.  If a person who is cited for a violation of s. 316.646
116can show proof of security as required by s. 627.733, issued to
117the person and valid at the time of arrest, the clerk of the
118court may dismiss the case and may assess a dismissal fee of up
119to $7.50. A person who finds it impossible or impractical to
120obtain proof of security must submit an affidavit detailing the
121reasons for the impracticality. The reasons may include, but are
122not limited to, the fact that the vehicle has since been sold,
123stolen, or destroyed; that the owner or registrant of the
124vehicle is not required by s. 627.733 to maintain personal
125injury protection insurance; or that the vehicle is owned by
126another person.
127     Section 4.  Subsection (19) of section 320.01, Florida
128Statutes, is amended, and subsection (45) is added to that
129section, to read:
130     320.01  Definitions, general.--As used in the Florida
131Statutes, except as otherwise provided, the term:
132     (19)  "Registration period" means a period of 12 months or
13324 months during which a motor vehicle or mobile home
134registration is valid.
135     (45)  "Extended registration period" means a period of 24
136months during which a motor vehicle or mobile home registration
137is valid.
138     Section 5.  Present subsections (2), (3), (4), (5), (6),
139and (7) of section 320.055, Florida Statutes, are redesignated
140as subsections (3), (4), (5), (6), (7), and (8), respectively,
141and a new subsection (2) is added to that section, to read:
142     320.055  Registration periods; renewal periods.--The
143following registration periods and renewal periods are
144established:
145     (2)  Any motor vehicle that is subject to registration
146under 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
148an extended registration period, which begins the first day of
149the  birth month of the owner and ends the last day of the month
150immediately preceding the owner's birth month 24 months after
151the beginning of the registration period. If the vehicle is
152registered in the name of more than one person, the birth month
153of the person whose name first appears on the registration shall
154be used to determine the extended registration period. For a
155vehicle subject to this extended registration period, the
156renewal period is the 30-day period ending at midnight on the
157vehicle owner's date of birth.
158     Section 6.  Paragraphs (b) and (c) of subsection (1) of
159section 320.06, Florida Statutes, are amended to read:
160     320.06  Registration certificates, license plates, and
161validation stickers generally.--
162     (1)
163     (b)  Registration license plates bearing a graphic symbol
164and the alphanumeric system of identification shall be issued
165for a 6-year 5-year period. At the end of that 6-year said 5-
166year period, upon renewal, the plate shall be replaced. The fee
167for such replacement is $12 shall be $10, $2 of which shall be
168paid each year before the plate is replaced, to be credited
169towards the next $12 $10 replacement fee. The fees shall be
170deposited into the Highway Safety Operating Trust Fund. A credit
171or refund may shall not be given for any prior years' payments
172of such prorated replacement fee if when the plate is replaced
173or surrendered before the end of the 6-year 5-year period. With
174each license plate, there shall be issued a validation sticker
175showing the owner's birth month, license plate number, and the
176year of expiration or the appropriate renewal period if the
177owner is not a natural person. The validation sticker shall is
178to be placed on the upper right corner of the license plate.
179Such license plate and validation sticker shall be issued based
180on the applicant's appropriate renewal period. The registration
181period is shall be a period of 12 months, the extended
182registration period is a period of 24 months, and all
183expirations shall occur based on the applicant's appropriate
184registration period. A vehicle with an apportioned registration
185shall be issued an annual license plate and a cab card that
186denote the declared gross vehicle weight for each apportioned
187jurisdiction in which the vehicle is authorized to operate.
188     (c)  Registration license plates equipped with validation
189stickers subject to the registration period are shall be valid
190for not more than 12 months and shall expire at midnight on the
191last day of the registration period. A registration license
192plate equipped with a validation sticker subject to the extended
193registration period is valid for not more than 24 months and
194expires at midnight on the last day of the extended registration
195period. For each registration period after the one in which the
196metal registration license plate is issued, and until the
197license plate is required to be replaced, a validation sticker
198showing the month and year of expiration shall be issued upon
199payment of the proper license tax amount and fees and is shall
200be valid for not more than 12 months. For each extended
201registration period occurring after the one in which the metal
202registration license plate is issued and until the license plate
203is required to be replaced, a validation sticker showing the
204year of expiration shall be issued upon payment of the proper
205license tax amount and fees and is valid for not more than 24
206months. When license plates equipped with validation stickers
207are issued in any month other than the owner's birth month or
208the designated registration period for any other motor vehicle,
209the effective date shall reflect the birth month or month and
210the year of renewal. However, when a license plate or validation
211sticker is issued for a period of less than 12 months, the
212applicant shall pay the appropriate amount of license tax and
213the applicable fee under the provisions of s. 320.14 in addition
214to all other fees. Validation stickers issued for vehicles taxed
215under the provisions of s. 320.08(6)(a), for any company that
216which owns 250 vehicles or more, or for semitrailers taxed under
217the provisions of s. 320.08(5)(a), for any company that which
218owns 50 vehicles or more, may be placed on any vehicle in the
219fleet so long as the vehicle receiving the validation sticker
220has the same owner's name and address as the vehicle to which
221the validation sticker was originally assigned.
222     Section 7.  Section 320.07, Florida Statutes, is amended to
223read:
224     320.07  Expiration of registration; annual renewal
225required; penalties.--
226     (1)  The registration of a motor vehicle or mobile home
227expires shall expire at midnight on the last day of the
228registration or extended registration period. A vehicle may
229shall not be operated on the roads of this state after
230expiration of the renewal period unless the registration has
231been renewed according to law.
232     (2)  Registration shall be renewed annually during the
233applicable renewal period, upon payment of the applicable
234license tax amount required by s. 320.08, service charges
235required by s. 320.04, and any additional fees required by law.
236However, any person owning a motor vehicle registered under s.
237320.08(4), (6)(b), or (13) may register semiannually as provided
238in s. 320.0705.
239     (3)  Any person who owns a motor vehicle registered under
240s. 320.08(1), (2), or (3) may renew the vehicle registration
241biennially during the applicable renewal period upon payment of
242the cumulative sum of all applicable license tax amounts
243required by s. 320.08, service charges required by s. 320.04,
244and any additional fees required by law for the 24-month
245extended registration period.
246     (4)(3)  The operation of any motor vehicle without having
247attached thereto a registration license plate and validation
248stickers, or the use of any mobile home without having attached
249thereto a mobile home sticker, for the current registration
250period shall subject the owner thereof, if he or she is present,
251or, if the owner is not present, the operator thereof to the
252following penalty provisions:
253     (a)  Any person whose motor vehicle or mobile home
254registration has been expired for a period of 6 months or less
255commits a noncriminal traffic infraction, punishable as a
256nonmoving violation as provided in chapter 318.
257     (b)  Any person whose motor vehicle or mobile home
258registration has been expired for more than 6 months, shall upon
259a first offense, is be subject to the penalty provided in s.
260318.14.
261     (c)  Any person whose motor vehicle or mobile home
262registration has been expired for more than 6 months, shall upon
263a second or subsequent offense, commits be guilty of a
264misdemeanor of the second degree, punishable as provided in s.
265775.082 or s. 775.083.
266     (d)  However, an no operator may not shall be charged with
267a violation of this subsection if the operator can show,
268pursuant to a valid lease agreement, that the vehicle had been
269leased for a period of 30 days or less at the time of the
270offense.
271     (e)  Any servicemember, as defined in s. 250.01, whose
272mobile home registration has expired while he or she has been
273serving on active duty or state active duty may shall not be
274charged with a violation of this subsection if, at the time of
275the offense, the servicemember was serving on active duty or
276state active duty 35 miles or more from the mobile home. The
277servicemember must present to the department either a copy of
278the official military orders or a written verification signed by
279the servicemember's commanding officer to receive a waiver of
280waive 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
283license taxes shall be imposed on any applicant who fails to
284renew a registration prior to the end of the month in which
285renewal registration is due. The delinquent fee shall be applied
286beginning on the 11th calendar day of the month succeeding the
287renewal period. The delinquent fee does shall not apply to those
288vehicles that which have not been required to be registered
289during the preceding registration period or as provided in s.
290320.18(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
296flat.
297     6.  License tax over $600 and up: $250 flat.
298     (b)  A person who has been assessed a penalty pursuant to
299s. 316.545(2)(b) for failure to have a valid vehicle
300registration certificate is not subject to the delinquent fee
301authorized by this subsection if such person obtains a valid
302registration certificate within 10 working days after such
303penalty was assessed. The official receipt authorized by s.
304316.545(6) constitutes proof of payment of the penalty
305authorized in s. 316.545(2)(b).
306     (6)(5)  Any servicemember, as defined in s. 250.01, whose
307motor vehicle or mobile home registration has expired while he
308or she was serving on active duty or state active duty, shall be
309permitted able to renew his or her registration upon return from
310active duty or state active duty without penalty, if the
311servicemember served on active duty or state active duty 35
312miles or more from the servicemember's home of record prior to
313entering active duty or state active duty. The servicemember
314must provide to the department either a copy of the official
315military orders or a written verification signed by the
316servicemember's commanding officer to receive a waiver of waive
317delinquent fees.
318     (7)(6)  Delinquent fees imposed under this section may
319shall not be apportionable under the International Registration
320Plan.
321     Section 8.  Paragraph (a) of subsection (1) of section
322320.071, 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
325currently registered in this state may file an application for
326renewal of registration with the department, or its authorized
327agent in the county wherein the owner resides, any time during
328the 3 months preceding the date of expiration of the
329registration period. The registration period may not exceed 27
330months.
331     Section 9.  Subsection (3) of section 322.121, Florida
332Statutes, is amended to read:
333     322.121  Periodic reexamination of all drivers.--
334     (3)  For each licensee whose driving record does not show
335any revocations, disqualifications, or suspensions for the
336preceding 7 years or any convictions for the preceding 3 years
337except for convictions of the following nonmoving violations:
338     (a)  Failure to exhibit a vehicle registration certificate,
339rental agreement, or cab card pursuant to s. 320.0605;
340     (b)  Failure to renew a motor vehicle or mobile home
341registration that has been expired for 4 months or less pursuant
342to s. 320.07(4)(a) s. 320.07(3)(a);
343     (c)  Operating a motor vehicle with an expired license that
344has been expired for 4 months or less pursuant to s. 322.065;
345     (d)  Failure to carry or exhibit a license pursuant to s.
346322.15(1); or
347     (e)  Failure to notify the department of a change of
348address or name within 10 days pursuant to s. 322.19,
349
350the department shall cause such licensee's license to be
351prominently marked with the notation "Safe Driver."
352     Section 10.  Subsection (12) of section 328.72, Florida
353Statutes, is amended to read:
354     328.72  Classification; registration; fees and charges;
355surcharge; disposition of fees; fines; marine turtle stickers.--
356     (12)  REGISTRATION.--
357     (a)  "Registration period" is a period of 12 months during
358which a vessel registration is valid.
359     (b)  Any vessel owner who is subject to registration under
360subparagraph (c)1. is eligible for an extended registration
361period that begins the first day of the birth month of the owner
362and ends the last day of the month immediately preceding the
363owner's birth month 24 months after the beginning of the
364registration period. If the vessel is registered in the name of
365more than one person, the birth month of the person whose name
366first appears on the registration shall be used to determine the
367extended registration period. For a vessel subject to this
368extended registration period, the renewal period is the 30-day
369period ending at midnight on the vessel owner's date of birth.
370"Renewal period" is a period of 30 days during which renewal of
371a vessel registration is required, except as otherwise provided
372by law.
373     (c)  The following registration periods and renewal periods
374are established:
375     1.  For vessels owned by individuals, the registration
376period begins the first day of the birth month of the owner and
377ends the last day of the month immediately preceding the owner's
378birth month in the succeeding year. If the vessel is registered
379in the name of more than one person, the birth month of the
380person whose name first appears on the registration shall be
381used to determine the registration period. For a vessel subject
382to this registration period, the renewal period is the 30-day
383period ending at midnight on the vessel owner's date of birth.
384     2.  For vessels owned by companies, corporations,
385governmental entities, and registrations issued to dealers and
386manufacturers, the registration period begins July 1 and ends
387June 30. The renewal period is the 30-day period beginning June
3881.
389     Section 11.  This act shall take effect January 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.