| 1 | The Transportation Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to motor vehicle, mobile home, and vessel |
| 7 | registration; amending ss. 316.605, 318.14, and 318.18, |
| 8 | F.S., relating to vehicle licensing, noncriminal traffic |
| 9 | infractions, and civil penalties; conforming cross- |
| 10 | references; amending s. 320.01, F.S.; redefining the term |
| 11 | "registration period"; defining the term "extended |
| 12 | registration period"; amending s. 320.055, F.S.; |
| 13 | establishing an extended registration period and renewal |
| 14 | period for certain motor vehicles and mobile homes; |
| 15 | amending s. 320.06, F.S.; extending the time period and |
| 16 | increasing the fee for replacement of registration license |
| 17 | plates; extending period of validity of license plates and |
| 18 | validation stickers to provide for extended registration |
| 19 | period; amending s. 320.07, F.S.; authorizing the biennial |
| 20 | renewal of certain motor vehicle registration upon payment |
| 21 | of cumulative sum of license taxes, service charges, |
| 22 | surcharges, and other fees; amending s. 320.071, F.S.; |
| 23 | clarifying that the registration period for a motor |
| 24 | vehicle or mobile home may not exceed a specified number |
| 25 | of months; amending s. 322.121, F.S., relating to |
| 26 | reexamination of drivers; conforming a cross-reference; |
| 27 | amending s. 328.72, F.S.; providing for an extended |
| 28 | registration period for certain vessel owners; providing |
| 29 | an effective date. |
| 30 |
|
| 31 | Be It Enacted by the Legislature of the State of Florida: |
| 32 |
|
| 33 | Section 1. Subsection (2) of section 316.605, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 316.605 Licensing of vehicles.-- |
| 36 | (2) Any commercial motor vehicle, as defined in s. |
| 37 | 316.003(66), operating over the highways of this state with an |
| 38 | expired registration, with no registration from this or any |
| 39 | other jurisdiction, or with no registration under the applicable |
| 40 | provisions of chapter 320 shall be in violation of s. 320.07(4) |
| 41 | s. 320.07(3) and shall subject the owner or operator of such |
| 42 | vehicle to the penalty provided. In addition, a commercial |
| 43 | motor vehicle found in violation of this section may be detained |
| 44 | by any law enforcement officer until the owner or operator |
| 45 | produces evidence that the vehicle has been properly registered |
| 46 | and that any applicable delinquent penalties have been paid. |
| 47 | Section 2. Subsections (1), (4), and (9) of section |
| 48 | 318.14, Florida Statutes, are amended to read: |
| 49 | 318.14 Noncriminal traffic infractions; exception; |
| 50 | procedures.-- |
| 51 | (1) Except as provided in ss. 318.17 and 320.07(4)(c) |
| 52 | 320.07(3)(c), any person cited for a violation of chapter 316, |
| 53 | s. 320.0605, s. 320.07(4)(a) s. 320.07(3)(a) or (b), s. 322.065, |
| 54 | s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or |
| 55 | s. 1006.66(3) is charged with a noncriminal infraction and must |
| 56 | be cited for such an infraction and cited to appear before an |
| 57 | official. If another person dies as a result of the noncriminal |
| 58 | infraction, the person cited may be required to perform 120 |
| 59 | community service hours under s. 316.027(4), in addition to any |
| 60 | other penalties. |
| 61 | (4) Except as provided in subsection (12), any person |
| 62 | charged with a noncriminal infraction under this section who |
| 63 | does not elect to appear shall pay the civil penalty and |
| 64 | delinquent fee, if applicable, either by mail or in person, |
| 65 | within 30 days after the date of issuance of the citation. If |
| 66 | the person cited follows the above procedure, he or she shall be |
| 67 | deemed to have admitted the infraction and to have waived his or |
| 68 | her right to a hearing on the issue of commission of the |
| 69 | infraction. Such admission shall not be used as evidence in any |
| 70 | other proceedings. Any person who is cited for a violation of s. |
| 71 | 320.0605 or s. 322.15(1), or subject to a penalty under s. |
| 72 | 320.07(4)(a) s. 320.07(3)(a) or (b) or s. 322.065, and who makes |
| 73 | an election under this subsection shall submit proof of |
| 74 | compliance with the applicable section to the clerk of the |
| 75 | court. For the purposes of this subsection, proof of compliance |
| 76 | consists of a valid driver's license or a valid registration |
| 77 | certificate. |
| 78 | (9) Any person who is cited for an infraction under this |
| 79 | section other than a violation of s. 320.0605, s. 320.07(4)(a) |
| 80 | s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or |
| 81 | s. 322.62 may, in lieu of a court appearance, elect to attend in |
| 82 | the location of his or her choice within this state a basic |
| 83 | driver improvement course approved by the Department of Highway |
| 84 | Safety and Motor Vehicles. In such a case, adjudication must be |
| 85 | withheld; points, as provided by s. 322.27, may not be assessed; |
| 86 | and the civil penalty that is imposed by s. 318.18(3) must be |
| 87 | reduced by 18 percent; however, a person may not make an |
| 88 | election under this subsection if the person has made an |
| 89 | election under this subsection in the preceding 12 months. A |
| 90 | person may make no more than five elections under this |
| 91 | subsection. The requirement for community service under s. |
| 92 | 318.18(8) is not waived by a plea of nolo contendere or by the |
| 93 | withholding of adjudication of guilt by a court. |
| 94 | Section 3. Paragraph (b) of subsection (2) of section |
| 95 | 318.18, Florida Statutes, is amended to read: |
| 96 | 318.18 Amount of civil penalties.--The penalties required |
| 97 | for a noncriminal disposition pursuant to s. 318.14 are as |
| 98 | follows: |
| 99 | (2) Thirty dollars for all nonmoving traffic violations |
| 100 | and: |
| 101 | (b) For all violations of ss. 320.0605, 320.07(1), |
| 102 | 322.065, and 322.15(1). Any person who is cited for a violation |
| 103 | of s. 320.07(1) shall be charged a delinquent fee pursuant to s. |
| 104 | 320.07(5) s. 320.07(4). |
| 105 | 1. If a person who is cited for a violation of s. 320.0605 |
| 106 | or s. 320.07 can show proof of having a valid registration at |
| 107 | the time of arrest, the clerk of the court may dismiss the case |
| 108 | and may assess a dismissal fee of up to $7.50. A person who |
| 109 | finds it impossible or impractical to obtain a valid |
| 110 | registration certificate must submit an affidavit detailing the |
| 111 | reasons for the impossibility or impracticality. The reasons may |
| 112 | include, but are not limited to, the fact that the vehicle was |
| 113 | sold, stolen, or destroyed; that the state in which the vehicle |
| 114 | is registered does not issue a certificate of registration; or |
| 115 | that the vehicle is owned by another person. |
| 116 | 2. If a person who is cited for a violation of s. 322.03, |
| 117 | s. 322.065, or s. 322.15 can show a driver's license issued to |
| 118 | him or her and valid at the time of arrest, the clerk of the |
| 119 | court may dismiss the case and may assess a dismissal fee of up |
| 120 | to $7.50. |
| 121 | 3. If a person who is cited for a violation of s. 316.646 |
| 122 | can show proof of security as required by s. 627.733, issued to |
| 123 | the person and valid at the time of arrest, the clerk of the |
| 124 | court may dismiss the case and may assess a dismissal fee of up |
| 125 | to $7.50. A person who finds it impossible or impractical to |
| 126 | obtain proof of security must submit an affidavit detailing the |
| 127 | reasons for the impracticality. The reasons may include, but are |
| 128 | not limited to, the fact that the vehicle has since been sold, |
| 129 | stolen, or destroyed; that the owner or registrant of the |
| 130 | vehicle is not required by s. 627.733 to maintain personal |
| 131 | injury protection insurance; or that the vehicle is owned by |
| 132 | another person. |
| 133 | Section 4. Subsection (19) of section 320.01, Florida |
| 134 | Statutes, is amended, and subsection (45) is added to that |
| 135 | section, to read: |
| 136 | 320.01 Definitions, general.--As used in the Florida |
| 137 | Statutes, except as otherwise provided, the term: |
| 138 | (19) "Registration period" means a period of 12 months or |
| 139 | 24 months during which a motor vehicle or mobile home |
| 140 | registration is valid. |
| 141 | (45) "Extended registration period" means a period of 24 |
| 142 | months during which a motor vehicle or mobile home registration |
| 143 | is valid. |
| 144 | Section 5. Present subsections (2), (3), (4), (5), (6), |
| 145 | and (7) of section 320.055, Florida Statutes, are redesignated |
| 146 | as subsections (3), (4), (5), (6), (7), and (8), respectively, |
| 147 | and a new subsection (2) is added to that section, to read: |
| 148 | 320.055 Registration periods; renewal periods.--The |
| 149 | following registration periods and renewal periods are |
| 150 | established: |
| 151 | (2) Any motor vehicle or mobile home that is subject to |
| 152 | registration under s. 320.08(1), (2), (3), (4)(a) or (b), (6), |
| 153 | (7), (8), (9), (10), or (11) is eligible for an extended |
| 154 | registration period as defined in s. 320.01(45). |
| 155 | Section 6. Paragraphs (b) and (c) of subsection (1) of |
| 156 | section 320.06, Florida Statutes, are amended to read: |
| 157 | 320.06 Registration certificates, license plates, and |
| 158 | validation stickers generally.-- |
| 159 | (1) |
| 160 | (b) Registration license plates bearing a graphic symbol |
| 161 | and the alphanumeric system of identification shall be issued |
| 162 | for a 6-year 5-year period. At the end of that 6-year said 5- |
| 163 | year period, upon renewal, the plate shall be replaced. The fee |
| 164 | for such replacement is $12 shall be $10, $2 of which shall be |
| 165 | paid each year before the plate is replaced, to be credited |
| 166 | towards the next $12 $10 replacement fee. The fees shall be |
| 167 | deposited into the Highway Safety Operating Trust Fund. A credit |
| 168 | or refund may shall not be given for any prior years' payments |
| 169 | of such prorated replacement fee if when the plate is replaced |
| 170 | or surrendered before the end of the 6-year 5-year period. With |
| 171 | each license plate, there shall be issued a validation sticker |
| 172 | showing the owner's birth month, license plate number, and the |
| 173 | year of expiration or the appropriate renewal period if the |
| 174 | owner is not a natural person. The validation sticker shall is |
| 175 | to be placed on the upper right corner of the license plate. |
| 176 | Such license plate and validation sticker shall be issued based |
| 177 | on the applicant's appropriate renewal period. The registration |
| 178 | period is shall be a period of 12 months, the extended |
| 179 | registration period is a period of 24 months, and all |
| 180 | expirations shall occur based on the applicant's appropriate |
| 181 | registration period. A vehicle with an apportioned registration |
| 182 | shall be issued an annual license plate and a cab card that |
| 183 | denote the declared gross vehicle weight for each apportioned |
| 184 | jurisdiction in which the vehicle is authorized to operate. |
| 185 | (c) Registration license plates equipped with validation |
| 186 | stickers subject to the registration period are shall be valid |
| 187 | for not more than 12 months and shall expire at midnight on the |
| 188 | last day of the registration period. A registration license |
| 189 | plate equipped with a validation sticker subject to the extended |
| 190 | registration period is valid for not more than 24 months and |
| 191 | expires at midnight on the last day of the extended registration |
| 192 | period. For each registration period after the one in which the |
| 193 | metal registration license plate is issued, and until the |
| 194 | license plate is required to be replaced, a validation sticker |
| 195 | showing the month and year of expiration shall be issued upon |
| 196 | payment of the proper license tax amount and fees and is shall |
| 197 | be valid for not more than 12 months. For each extended |
| 198 | registration period occurring after the one in which the metal |
| 199 | registration license plate is issued and until the license plate |
| 200 | is required to be replaced, a validation sticker showing the |
| 201 | year of expiration shall be issued upon payment of the proper |
| 202 | license tax amount and fees and is valid for not more than 24 |
| 203 | months. When license plates equipped with validation stickers |
| 204 | are issued in any month other than the owner's birth month or |
| 205 | the designated registration period for any other motor vehicle, |
| 206 | the effective date shall reflect the birth month or month and |
| 207 | the year of renewal. However, when a license plate or validation |
| 208 | sticker is issued for a period of less than 12 months, the |
| 209 | applicant shall pay the appropriate amount of license tax and |
| 210 | the applicable fee under the provisions of s. 320.14 in addition |
| 211 | to all other fees. Validation stickers issued for vehicles taxed |
| 212 | under the provisions of s. 320.08(6)(a), for any company that |
| 213 | which owns 250 vehicles or more, or for semitrailers taxed under |
| 214 | the provisions of s. 320.08(5)(a), for any company that which |
| 215 | owns 50 vehicles or more, may be placed on any vehicle in the |
| 216 | fleet so long as the vehicle receiving the validation sticker |
| 217 | has the same owner's name and address as the vehicle to which |
| 218 | the validation sticker was originally assigned. |
| 219 | Section 7. Section 320.07, Florida Statutes, is amended to |
| 220 | read: |
| 221 | 320.07 Expiration of registration; annual renewal |
| 222 | required; penalties.-- |
| 223 | (1) The registration of a motor vehicle or mobile home |
| 224 | expires shall expire at midnight on the last day of the |
| 225 | registration or extended registration period. A vehicle may |
| 226 | shall not be operated on the roads of this state after |
| 227 | expiration of the renewal period unless the registration has |
| 228 | been renewed according to law. |
| 229 | (2) Registration shall be renewed annually during the |
| 230 | applicable renewal period, upon payment of the applicable |
| 231 | license tax amount required by s. 320.08, service charges |
| 232 | required by s. 320.04, and any additional fees required by law. |
| 233 | However, any person owning a motor vehicle registered under s. |
| 234 | 320.08(4), (6)(b), or (13) may register semiannually as provided |
| 235 | in s. 320.0705. |
| 236 | (3) Any person who owns a motor vehicle registered under |
| 237 | s. 320.08(1), (2), (3), (4)(a) or (b), (6), (7), (8), (9), (10), |
| 238 | or (11) may renew the vehicle registration biennially during the |
| 239 | applicable renewal period upon payment of the cumulative sum of |
| 240 | all applicable license tax amounts required by s. 320.08 and |
| 241 | service charges or surcharges required by ss. 320.03, 320.04, |
| 242 | 320.0801, 320.08015, 320.0802, 320.0804, and 320.08046, and any |
| 243 | additional fees required by law for an annual registration must |
| 244 | be doubled. |
| 245 | (4)(3) The operation of any motor vehicle without having |
| 246 | attached thereto a registration license plate and validation |
| 247 | stickers, or the use of any mobile home without having attached |
| 248 | thereto a mobile home sticker, for the current registration |
| 249 | period shall subject the owner thereof, if he or she is present, |
| 250 | or, if the owner is not present, the operator thereof to the |
| 251 | following penalty provisions: |
| 252 | (a) Any person whose motor vehicle or mobile home |
| 253 | registration has been expired for a period of 6 months or less |
| 254 | commits a noncriminal traffic infraction, punishable as a |
| 255 | nonmoving violation as provided in chapter 318. |
| 256 | (b) Any person whose motor vehicle or mobile home |
| 257 | registration has been expired for more than 6 months, shall upon |
| 258 | a first offense, is be subject to the penalty provided in s. |
| 259 | 318.14. |
| 260 | (c) Any person whose motor vehicle or mobile home |
| 261 | registration has been expired for more than 6 months, shall upon |
| 262 | a second or subsequent offense, commits be guilty of a |
| 263 | misdemeanor of the second degree, punishable as provided in s. |
| 264 | 775.082 or s. 775.083. |
| 265 | (d) However, an no operator may not shall be charged with |
| 266 | a violation of this subsection if the operator can show, |
| 267 | pursuant to a valid lease agreement, that the vehicle had been |
| 268 | leased for a period of 30 days or less at the time of the |
| 269 | offense. |
| 270 | (e) Any servicemember, as defined in s. 250.01, whose |
| 271 | mobile home registration has expired while he or she has been |
| 272 | serving on active duty or state active duty may shall not be |
| 273 | charged with a violation of this subsection if, at the time of |
| 274 | the offense, the servicemember was serving on active duty or |
| 275 | state active duty 35 miles or more from the mobile home. The |
| 276 | servicemember must present to the department either a copy of |
| 277 | the official military orders or a written verification signed by |
| 278 | the servicemember's commanding officer to receive a waiver of |
| 279 | waive charges. |
| 280 | (5)(4)(a) In addition to a penalty provided in subsection |
| 281 | (4) (3), a delinquent fee based on the following schedule of |
| 282 | license taxes shall be imposed on any applicant who fails to |
| 283 | renew a registration prior to the end of the month in which |
| 284 | renewal registration is due. The delinquent fee shall be applied |
| 285 | beginning on the 11th calendar day of the month succeeding the |
| 286 | renewal period. The delinquent fee does shall not apply to those |
| 287 | vehicles that which have not been required to be registered |
| 288 | during the preceding registration period or as provided in s. |
| 289 | 320.18(2). The delinquent fee shall be imposed as follows: |
| 290 | 1. License tax of $5 but not more than $25: $5 flat. |
| 291 | 2. License tax over $25 but not more than $50: $10 flat. |
| 292 | 3. License tax over $50 but not more than $100: $15 flat. |
| 293 | 4. License tax over $100 but not more than $400: $50 flat. |
| 294 | 5. License tax over $400 but not more than $600: $100 |
| 295 | flat. |
| 296 | 6. License tax over $600 and up: $250 flat. |
| 297 | (b) A person who has been assessed a penalty pursuant to |
| 298 | s. 316.545(2)(b) for failure to have a valid vehicle |
| 299 | registration certificate is not subject to the delinquent fee |
| 300 | authorized by this subsection if such person obtains a valid |
| 301 | registration certificate within 10 working days after such |
| 302 | penalty was assessed. The official receipt authorized by s. |
| 303 | 316.545(6) constitutes proof of payment of the penalty |
| 304 | authorized in s. 316.545(2)(b). |
| 305 | (6)(5) Any servicemember, as defined in s. 250.01, whose |
| 306 | motor vehicle or mobile home registration has expired while he |
| 307 | or she was serving on active duty or state active duty, shall be |
| 308 | permitted able to renew his or her registration upon return from |
| 309 | active duty or state active duty without penalty, if the |
| 310 | servicemember served on active duty or state active duty 35 |
| 311 | miles or more from the servicemember's home of record prior to |
| 312 | entering active duty or state active duty. The servicemember |
| 313 | must provide to the department either a copy of the official |
| 314 | military orders or a written verification signed by the |
| 315 | servicemember's commanding officer to receive a waiver of waive |
| 316 | delinquent fees. |
| 317 | (7)(6) Delinquent fees imposed under this section may |
| 318 | shall not be apportionable under the International Registration |
| 319 | Plan. |
| 320 | Section 8. Paragraph (a) of subsection (1) of section |
| 321 | 320.071, Florida Statutes, is amended to read: |
| 322 | 320.071 Advance registration renewal; procedures.-- |
| 323 | (1)(a) The owner of any motor vehicle or mobile home |
| 324 | currently registered in this state may file an application for |
| 325 | renewal of registration with the department, or its authorized |
| 326 | agent in the county wherein the owner resides, any time during |
| 327 | the 3 months preceding the date of expiration of the |
| 328 | registration period. The registration period may not exceed 27 |
| 329 | months. |
| 330 | Section 9. Subsection (3) of section 322.121, Florida |
| 331 | Statutes, is amended to read: |
| 332 | 322.121 Periodic reexamination of all drivers.-- |
| 333 | (3) For each licensee whose driving record does not show |
| 334 | any revocations, disqualifications, or suspensions for the |
| 335 | preceding 7 years or any convictions for the preceding 3 years |
| 336 | except for convictions of the following nonmoving violations: |
| 337 | (a) Failure to exhibit a vehicle registration certificate, |
| 338 | rental agreement, or cab card pursuant to s. 320.0605; |
| 339 | (b) Failure to renew a motor vehicle or mobile home |
| 340 | registration that has been expired for 4 months or less pursuant |
| 341 | to s. 320.07(4)(a) s. 320.07(3)(a); |
| 342 | (c) Operating a motor vehicle with an expired license that |
| 343 | has been expired for 4 months or less pursuant to s. 322.065; |
| 344 | (d) Failure to carry or exhibit a license pursuant to s. |
| 345 | 322.15(1); or |
| 346 | (e) Failure to notify the department of a change of |
| 347 | address or name within 10 days pursuant to s. 322.19, |
| 348 |
|
| 349 | the department shall cause such licensee's license to be |
| 350 | prominently marked with the notation "Safe Driver." |
| 351 | Section 10. Subsection (12) of section 328.72, Florida |
| 352 | Statutes, is amended to read: |
| 353 | 328.72 Classification; registration; fees and charges; |
| 354 | surcharge; disposition of fees; fines; marine turtle stickers.-- |
| 355 | (12) REGISTRATION.-- |
| 356 | (a) "Registration period" is a period of 12 months during |
| 357 | which a vessel registration is valid. |
| 358 | (b) Any vessel owner who is subject to registration under |
| 359 | subparagraph (c)1. is eligible for an extended registration |
| 360 | period that begins the first day of the birth month of the owner |
| 361 | and ends the last day of the month immediately preceding the |
| 362 | owner's birth month 24 months after the beginning of the |
| 363 | registration period. If the vessel is registered in the name of |
| 364 | more than one person, the birth month of the person whose name |
| 365 | first appears on the registration shall be used to determine the |
| 366 | extended registration period. For a vessel subject to this |
| 367 | extended registration period, the renewal period is the 30-day |
| 368 | period ending at midnight on the vessel owner's date of birth. |
| 369 | "Renewal period" is a period of 30 days during which renewal of |
| 370 | a vessel registration is required, except as otherwise provided |
| 371 | by law. |
| 372 | (c) The following registration periods and renewal periods |
| 373 | are established: |
| 374 | 1. For vessels owned by individuals, the registration |
| 375 | period begins the first day of the birth month of the owner and |
| 376 | ends the last day of the month immediately preceding the owner's |
| 377 | birth month in the succeeding year. If the vessel is registered |
| 378 | in the name of more than one person, the birth month of the |
| 379 | person whose name first appears on the registration shall be |
| 380 | used to determine the registration period. For a vessel subject |
| 381 | to this registration period, the renewal period is the 30-day |
| 382 | period ending at midnight on the vessel owner's date of birth. |
| 383 | 2. For vessels owned by companies, corporations, |
| 384 | governmental entities, and registrations issued to dealers and |
| 385 | manufacturers, the registration period begins July 1 and ends |
| 386 | June 30. The renewal period is the 30-day period beginning June |
| 387 | 1. |
| 388 | Section 11. This act shall take effect January 1, 2006. |