HB 435

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 upon payment
17of cumulative sum of license taxes, service charges,
18surcharges, and other fees; amending s. 320.071, F.S.;
19clarifying that the registration period for a motor
20vehicle or mobile home may not exceed a specified number
21of months; amending s. 322.121, F.S., relating to
22reexamination of drivers; conforming a cross-reference;
23amending s. 328.72, F.S.; providing for an extended
24registration period for certain vessel owners; providing
25an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Subsection (2) of section 316.605, Florida
30Statutes, is amended to read:
31     316.605  Licensing of vehicles.--
32     (2)  Any commercial motor vehicle, as defined in s.
33316.003(66), operating over the highways of this state with an
34expired registration, with no registration from this or any
35other jurisdiction, or with no registration under the applicable
36provisions of chapter 320 shall be in violation of s. 320.07(4)
37s. 320.07(3) and shall subject the owner or operator of such
38vehicle to the penalty provided.  In addition, a commercial
39motor vehicle found in violation of this section may be detained
40by any law enforcement officer until the owner or operator
41produces evidence that the vehicle has been properly registered
42and that any applicable delinquent penalties have been paid.
43     Section 2.  Subsections (1), (4), and (9) of section
44318.14, Florida Statutes, are amended to read:
45     318.14  Noncriminal traffic infractions; exception;
46procedures.--
47     (1)  Except as provided in ss. 318.17 and 320.07(4)(c)
48320.07(3)(c), any person cited for a violation of chapter 316,
49s. 320.0605, s. 320.07(4)(a) s. 320.07(3)(a) or (b), s. 322.065,
50s. 322.15(1), s. 322.16(2) or (3), s. 322.161(5), s. 322.19, or
51s. 1006.66(3) is charged with a noncriminal infraction and must
52be cited for such an infraction and cited to appear before an
53official. If another person dies as a result of the noncriminal
54infraction, the person cited may be required to perform 120
55community service hours under s. 316.027(4), in addition to any
56other penalties.
57     (4)  Except as provided in subsection (12), any person
58charged with a noncriminal infraction under this section who
59does not elect to appear shall pay the civil penalty and
60delinquent fee, if applicable, either by mail or in person,
61within 30 days after the date of issuance of the citation. If
62the person cited follows the above procedure, he or she shall be
63deemed to have admitted the infraction and to have waived his or
64her right to a hearing on the issue of commission of the
65infraction. Such admission shall not be used as evidence in any
66other proceedings. Any person who is cited for a violation of s.
67320.0605 or s. 322.15(1), or subject to a penalty under s.
68320.07(4)(a) s. 320.07(3)(a) or (b) or s. 322.065, and who makes
69an election under this subsection shall submit proof of
70compliance with the applicable section to the clerk of the
71court. For the purposes of this subsection, proof of compliance
72consists of a valid driver's license or a valid registration
73certificate.
74     (9)  Any person who is cited for an infraction under this
75section other than a violation of s. 320.0605, s. 320.07(4)(a)
76s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or
77s. 322.62 may, in lieu of a court appearance, elect to attend in
78the location of his or her choice within this state a basic
79driver improvement course approved by the Department of Highway
80Safety and Motor Vehicles. In such a case, adjudication must be
81withheld; points, as provided by s. 322.27, may not be assessed;
82and the civil penalty that is imposed by s. 318.18(3) must be
83reduced by 18 percent; however, a person may not make an
84election under this subsection if the person has made an
85election under this subsection in the preceding 12 months. A
86person may make no more than five elections under this
87subsection. The requirement for community service under s.
88318.18(8) is not waived by a plea of nolo contendere or by the
89withholding of adjudication of guilt by a court.
90     Section 3.  Paragraph (b) of subsection (2) of section
91318.18, Florida Statutes, is amended to read:
92     318.18  Amount of civil penalties.--The penalties required
93for a noncriminal disposition pursuant to s. 318.14 are as
94follows:
95     (2)  Thirty dollars for all nonmoving traffic violations
96and:
97     (b)  For all violations of ss. 320.0605, 320.07(1),
98322.065, and 322.15(1). Any person who is cited for a violation
99of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
100320.07(5) s. 320.07(4).
101     1.  If a person who is cited for a violation of s. 320.0605
102or s. 320.07 can show proof of having a valid registration at
103the time of arrest, the clerk of the court may dismiss the case
104and may assess a dismissal fee of up to $7.50. A person who
105finds it impossible or impractical to obtain a valid
106registration certificate must submit an affidavit detailing the
107reasons for the impossibility or impracticality. The reasons may
108include, but are not limited to, the fact that the vehicle was
109sold, stolen, or destroyed; that the state in which the vehicle
110is registered does not issue a certificate of registration; or
111that the vehicle is owned by another person.
112     2.  If a person who is cited for a violation of s. 322.03,
113s. 322.065, or s. 322.15 can show a driver's license issued to
114him or her and valid at the time of arrest, the clerk of the
115court may dismiss the case and may assess a dismissal fee of up
116to $7.50.
117     3.  If a person who is cited for a violation of s. 316.646
118can show proof of security as required by s. 627.733, issued to
119the person and valid at the time of arrest, the clerk of the
120court may dismiss the case and may assess a dismissal fee of up
121to $7.50. A person who finds it impossible or impractical to
122obtain proof of security must submit an affidavit detailing the
123reasons for the impracticality. The reasons may include, but are
124not limited to, the fact that the vehicle has since been sold,
125stolen, or destroyed; that the owner or registrant of the
126vehicle is not required by s. 627.733 to maintain personal
127injury protection insurance; or that the vehicle is owned by
128another person.
129     Section 4.  Subsection (19) of section 320.01, Florida
130Statutes, is amended, and subsection (45) is added to that
131section, to read:
132     320.01  Definitions, general.--As used in the Florida
133Statutes, except as otherwise provided, the term:
134     (19)  "Registration period" means a period of 12 months or
13524 months during which a motor vehicle or mobile home
136registration is valid.
137     (45)  "Extended registration period" means a period of 24
138months during which a motor vehicle or mobile home registration
139is valid.
140     Section 5.  Present subsections (2), (3), (4), (5), (6),
141and (7) of section 320.055, Florida Statutes, are redesignated
142as subsections (3), (4), (5), (6), (7), and (8), respectively,
143and a new subsection (2) is added to that section, to read:
144     320.055  Registration periods; renewal periods.--The
145following registration periods and renewal periods are
146established:
147     (2)  Any motor vehicle or mobile home that is subject to
148registration under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
149(7), (8), (9), (10), or (11) is eligible for an extended
150registration period as defined in s. 320.01(45).
151     Section 6.  Paragraphs (b) and (c) of subsection (1) of
152section 320.06, Florida Statutes, are amended to read:
153     320.06  Registration certificates, license plates, and
154validation stickers generally.--
155     (1)
156     (b)  Registration license plates bearing a graphic symbol
157and the alphanumeric system of identification shall be issued
158for a 6-year 5-year period. At the end of that 6-year said 5-
159year period, upon renewal, the plate shall be replaced. The fee
160for such replacement is $12 shall be $10, $2 of which shall be
161paid each year before the plate is replaced, to be credited
162towards the next $12 $10 replacement fee. The fees shall be
163deposited into the Highway Safety Operating Trust Fund. A credit
164or refund may shall not be given for any prior years' payments
165of such prorated replacement fee if when the plate is replaced
166or surrendered before the end of the 6-year 5-year period. With
167each license plate, there shall be issued a validation sticker
168showing the owner's birth month, license plate number, and the
169year of expiration or the appropriate renewal period if the
170owner is not a natural person. The validation sticker shall is
171to be placed on the upper right corner of the license plate.
172Such license plate and validation sticker shall be issued based
173on the applicant's appropriate renewal period. The registration
174period is shall be a period of 12 months, the extended
175registration period is a period of 24 months, and all
176expirations shall occur based on the applicant's appropriate
177registration period. A vehicle with an apportioned registration
178shall be issued an annual license plate and a cab card that
179denote the declared gross vehicle weight for each apportioned
180jurisdiction in which the vehicle is authorized to operate.
181     (c)  Registration license plates equipped with validation
182stickers subject to the registration period are shall be valid
183for not more than 12 months and shall expire at midnight on the
184last day of the registration period. A registration license
185plate equipped with a validation sticker subject to the extended
186registration period is valid for not more than 24 months and
187expires at midnight on the last day of the extended registration
188period. For each registration period after the one in which the
189metal registration license plate is issued, and until the
190license plate is required to be replaced, a validation sticker
191showing the month and year of expiration shall be issued upon
192payment of the proper license tax amount and fees and is shall
193be valid for not more than 12 months. For each extended
194registration period occurring after the one in which the metal
195registration license plate is issued and until the license plate
196is required to be replaced, a validation sticker showing the
197year of expiration shall be issued upon payment of the proper
198license tax amount and fees and is valid for not more than 24
199months. When license plates equipped with validation stickers
200are issued in any month other than the owner's birth month or
201the designated registration period for any other motor vehicle,
202the effective date shall reflect the birth month or month and
203the year of renewal. However, when a license plate or validation
204sticker is issued for a period of less than 12 months, the
205applicant shall pay the appropriate amount of license tax and
206the applicable fee under the provisions of s. 320.14 in addition
207to all other fees. Validation stickers issued for vehicles taxed
208under the provisions of s. 320.08(6)(a), for any company that
209which owns 250 vehicles or more, or for semitrailers taxed under
210the provisions of s. 320.08(5)(a), for any company that which
211owns 50 vehicles or more, may be placed on any vehicle in the
212fleet so long as the vehicle receiving the validation sticker
213has the same owner's name and address as the vehicle to which
214the validation sticker was originally assigned.
215     Section 7.  Section 320.07, Florida Statutes, is amended to
216read:
217     320.07  Expiration of registration; annual renewal
218required; penalties.--
219     (1)  The registration of a motor vehicle or mobile home
220expires shall expire at midnight on the last day of the
221registration or extended registration period. A vehicle may
222shall not be operated on the roads of this state after
223expiration of the renewal period unless the registration has
224been renewed according to law.
225     (2)  Registration shall be renewed annually during the
226applicable renewal period, upon payment of the applicable
227license tax amount required by s. 320.08, service charges
228required by s. 320.04, and any additional fees required by law.
229However, any person owning a motor vehicle registered under s.
230320.08(4), (6)(b), or (13) may register semiannually as provided
231in s. 320.0705.
232     (3)  Any person who owns a motor vehicle registered under
233s. 320.08(1), (2), (3), (4)(a) or (b), (6), (7), (8), (9), (10),
234or (11) may renew the vehicle registration biennially during the
235applicable renewal period upon payment of the cumulative sum of
236all applicable license tax amounts required by s. 320.08 and
237service charges or surcharges required by ss. 320.03, 320.04,
238320.0801, 320.08015, 320.0802, 320.0804, and 320.08046, and any
239additional fees required by law for an annual registration must
240be doubled.
241     (4)(3)  The operation of any motor vehicle without having
242attached thereto a registration license plate and validation
243stickers, or the use of any mobile home without having attached
244thereto a mobile home sticker, for the current registration
245period shall subject the owner thereof, if he or she is present,
246or, if the owner is not present, the operator thereof to the
247following penalty provisions:
248     (a)  Any person whose motor vehicle or mobile home
249registration has been expired for a period of 6 months or less
250commits a noncriminal traffic infraction, punishable as a
251nonmoving violation as provided in chapter 318.
252     (b)  Any person whose motor vehicle or mobile home
253registration has been expired for more than 6 months, shall upon
254a first offense, is be subject to the penalty provided in s.
255318.14.
256     (c)  Any person whose motor vehicle or mobile home
257registration has been expired for more than 6 months, shall upon
258a second or subsequent offense, commits be guilty of a
259misdemeanor of the second degree, punishable as provided in s.
260775.082 or s. 775.083.
261     (d)  However, an no operator may not shall be charged with
262a violation of this subsection if the operator can show,
263pursuant to a valid lease agreement, that the vehicle had been
264leased for a period of 30 days or less at the time of the
265offense.
266     (e)  Any servicemember, as defined in s. 250.01, whose
267mobile home registration has expired while he or she has been
268serving on active duty or state active duty may shall not be
269charged with a violation of this subsection if, at the time of
270the offense, the servicemember was serving on active duty or
271state active duty 35 miles or more from the mobile home. The
272servicemember must present to the department either a copy of
273the official military orders or a written verification signed by
274the servicemember's commanding officer to receive a waiver of
275waive charges.
276     (5)(4)(a)  In addition to a penalty provided in subsection
277(4) (3), a delinquent fee based on the following schedule of
278license taxes shall be imposed on any applicant who fails to
279renew a registration prior to the end of the month in which
280renewal registration is due. The delinquent fee shall be applied
281beginning on the 11th calendar day of the month succeeding the
282renewal period. The delinquent fee does shall not apply to those
283vehicles that which have not been required to be registered
284during the preceding registration period or as provided in s.
285320.18(2). The delinquent fee shall be imposed as follows:
286     1.  License tax of $5 but not more than $25:  $5 flat.
287     2.  License tax over $25 but not more than $50:  $10 flat.
288     3.  License tax over $50 but not more than $100:  $15 flat.
289     4.  License tax over $100 but not more than $400: $50 flat.
290     5.  License tax over $400 but not more than $600:  $100
291flat.
292     6.  License tax over $600 and up: $250 flat.
293     (b)  A person who has been assessed a penalty pursuant to
294s. 316.545(2)(b) for failure to have a valid vehicle
295registration certificate is not subject to the delinquent fee
296authorized by this subsection if such person obtains a valid
297registration certificate within 10 working days after such
298penalty was assessed. The official receipt authorized by s.
299316.545(6) constitutes proof of payment of the penalty
300authorized in s. 316.545(2)(b).
301     (6)(5)  Any servicemember, as defined in s. 250.01, whose
302motor vehicle or mobile home registration has expired while he
303or she was serving on active duty or state active duty, shall be
304permitted able to renew his or her registration upon return from
305active duty or state active duty without penalty, if the
306servicemember served on active duty or state active duty 35
307miles or more from the servicemember's home of record prior to
308entering active duty or state active duty. The servicemember
309must provide to the department either a copy of the official
310military orders or a written verification signed by the
311servicemember's commanding officer to receive a waiver of waive
312delinquent fees.
313     (7)(6)  Delinquent fees imposed under this section may
314shall not be apportionable under the International Registration
315Plan.
316     Section 8.  Paragraph (a) of subsection (1) of section
317320.071, Florida Statutes, is amended to read:
318     320.071  Advance registration renewal; procedures.--
319     (1)(a)  The owner of any motor vehicle or mobile home
320currently registered in this state may file an application for
321renewal of registration with the department, or its authorized
322agent in the county wherein the owner resides, any time during
323the 3 months preceding the date of expiration of the
324registration period. The registration period may not exceed 27
325months.
326     Section 9.  Subsection (3) of section 322.121, Florida
327Statutes, is amended to read:
328     322.121  Periodic reexamination of all drivers.--
329     (3)  For each licensee whose driving record does not show
330any revocations, disqualifications, or suspensions for the
331preceding 7 years or any convictions for the preceding 3 years
332except for convictions of the following nonmoving violations:
333     (a)  Failure to exhibit a vehicle registration certificate,
334rental agreement, or cab card pursuant to s. 320.0605;
335     (b)  Failure to renew a motor vehicle or mobile home
336registration that has been expired for 4 months or less pursuant
337to s. 320.07(4)(a) s. 320.07(3)(a);
338     (c)  Operating a motor vehicle with an expired license that
339has been expired for 4 months or less pursuant to s. 322.065;
340     (d)  Failure to carry or exhibit a license pursuant to s.
341322.15(1); or
342     (e)  Failure to notify the department of a change of
343address or name within 10 days pursuant to s. 322.19,
344
345the department shall cause such licensee's license to be
346prominently marked with the notation "Safe Driver."
347     Section 10.  Subsection (12) of section 328.72, Florida
348Statutes, is amended to read:
349     328.72  Classification; registration; fees and charges;
350surcharge; disposition of fees; fines; marine turtle stickers.--
351     (12)  REGISTRATION.--
352     (a)  "Registration period" is a period of 12 months during
353which a vessel registration is valid.
354     (b)  Any vessel owner who is subject to registration under
355subparagraph (c)1. is eligible for an extended registration
356period that begins the first day of the birth month of the owner
357and ends the last day of the month immediately preceding the
358owner's birth month 24 months after the beginning of the
359registration period. If the vessel is registered in the name of
360more than one person, the birth month of the person whose name
361first appears on the registration shall be used to determine the
362extended registration period. For a vessel subject to this
363extended registration period, the renewal period is the 30-day
364period ending at midnight on the vessel owner's date of birth.
365"Renewal period" is a period of 30 days during which renewal of
366a vessel registration is required, except as otherwise provided
367by law.
368     (c)  The following registration periods and renewal periods
369are established:
370     1.  For vessels owned by individuals, the registration
371period begins the first day of the birth month of the owner and
372ends the last day of the month immediately preceding the owner's
373birth month in the succeeding year. If the vessel is registered
374in the name of more than one person, the birth month of the
375person whose name first appears on the registration shall be
376used to determine the registration period. For a vessel subject
377to this registration period, the renewal period is the 30-day
378period ending at midnight on the vessel owner's date of birth.
379     2.  For vessels owned by companies, corporations,
380governmental entities, and registrations issued to dealers and
381manufacturers, the registration period begins July 1 and ends
382June 30. The renewal period is the 30-day period beginning June
3831.
384     Section 11.  This act shall take effect January 1, 2006.


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