CS/CS/HB 275

1
A bill to be entitled
2An act relating to motor vehicle, mobile home, and vessel
3registration; amending s. 320.01, F.S.; redefining the
4term "registration period"; defining the term "extended
5registration period"; amending s. 320.055, F.S.;
6establishing an extended registration period and renewal
7period for certain motor vehicles and mobile homes;
8amending s. 320.06, F.S.; extending the time period and
9revising the fee for replacement of registration license
10plates; extending the period of validity of license plates
11and validation stickers to provide for an extended
12registration period; amending s. 320.07, F.S.; providing
13for the semiannual, annual, or biennial renewal of motor
14vehicle and mobile home registrations; authorizing the
15biennial renewal of certain motor vehicle and mobile home
16registrations upon payment of the cumulative total of
17license taxes, service charges, surcharges, and other
18fees; amending s. 320.071, F.S.; specifying that the
19registration period for a motor vehicle or mobile home may
20not exceed a specified number of months; creating s.
21320.203, F.S.; providing for the disposition of biennial
22registration revenues; amending s. 328.72, F.S.; providing
23for an extended registration period for certain vessel
24owners; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (19) of section 320.01, Florida
29Statutes, is amended to read:
30     320.01  Definitions, general.--As used in the Florida
31Statutes, except as otherwise provided, the term:
32     (19)(a)  "Registration period" means a period of 12 months
33or 24 months during which a motor vehicle or mobile home
34registration is valid.
35     (b)  "Extended registration period" means a period of 24
36months during which a motor vehicle or mobile home registration
37is valid.
38     Section 2.  Subsection (1) of section 320.055, Florida
39Statutes, is amended to read:
40     320.055  Registration periods; renewal periods.--The
41following registration periods and renewal periods are
42established:
43     (1)(a)  For a motor vehicle subject to registration under
44s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f), (6)(a), (7),
45(8), (9), or (10) and owned by a natural person, the
46registration period begins the first day of the birth month of
47the owner and ends the last day of the month immediately
48preceding the owner's birth month in the succeeding year. If
49such vehicle is registered in the name of more than one person,
50the birth month of the person whose name first appears on the
51registration shall be used to determine the registration period.
52For a vehicle subject to this registration period, the renewal
53period is the 30-day period ending at midnight on the vehicle
54owner's date of birth.
55     (b)  A motor vehicle or mobile home that is subject to
56registration under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
57(7), (8), (9), (10), or (11) is eligible for an extended
58registration period as defined in s. 320.01(19)(b).
59     (c)(b)  Notwithstanding the requirements of paragraph (a),
60the owner of a motor vehicle subject to paragraph (a) who has
61had his or her driver's license suspended pursuant to a
62violation of s. 316.193 or pursuant to s. 322.26(2) for driving
63under the influence must obtain a 6-month registration as a
64condition of reinstating the license, subject to renewal during
65the 3-year period that financial responsibility requirements
66apply. The registration period begins the first day of the birth
67month of the owner and ends the last day of the fifth month
68immediately following the owner's birth month. For such
69vehicles, the department shall issue a vehicle registration
70certificate that is valid for 6 months and shall issue a
71validation sticker that displays an expiration date of 6 months
72after the date of issuance. The license tax required by s.
73320.08 and all other applicable license taxes shall be one-half
74of the amount otherwise required, except the service charge
75required by s. 320.04 shall be paid in full for each 6-month
76registration. A vehicle required to be registered under this
77paragraph is not eligible for the extended registration period
78under paragraph (b).
79     Section 3.  Paragraphs (b) and (c) of subsection (1) of
80section 320.06, Florida Statutes, are amended to read:
81     320.06  Registration certificates, license plates, and
82validation stickers generally.--
83     (1)
84     (b)  Registration license plates bearing a graphic symbol
85and the alphanumeric system of identification shall be issued
86for a 6-year 5-year period. At the end of that 6-year said 5-
87year period, upon renewal, the plate shall be replaced. The fee
88for such replacement is $12 shall be $10, $2 of which shall be
89paid each year before the plate is replaced, to be credited
90towards the next $12 $10 replacement fee. The fees shall be
91deposited into the Highway Safety Operating Trust Fund. A credit
92or refund shall not be given for any prior years' payments of
93such prorated replacement fee if when the plate is replaced or
94surrendered before the end of the 6-year 5-year period, except
95that a credit may be given when a registrant is required by the
96department to replace a license plate under s. 320.08056(8)(a).
97With each license plate, there shall be issued a validation
98sticker showing the owner's birth month, license plate number,
99and the year of expiration or the appropriate renewal period if
100the owner is not a natural person. The validation sticker shall
101is to be placed on the upper right corner of the license plate.
102Such license plate and validation sticker shall be issued based
103on the applicant's appropriate renewal period. The registration
104period is shall be a period of 12 months, the extended
105registration period is a period of 24 months, and all
106expirations shall occur based on the applicant's appropriate
107registration period. A vehicle with an apportioned registration
108shall be issued an annual license plate and a cab card that
109denote the declared gross vehicle weight for each apportioned
110jurisdiction in which the vehicle is authorized to operate.
111     (c)  Registration license plates equipped with validation
112stickers subject to the registration period are shall be valid
113for not more than 12 months and shall expire at midnight on the
114last day of the registration period. A registration license
115plate equipped with a validation sticker subject to the extended
116registration period is valid for not more than 24 months and
117expires at midnight on the last day of the extended registration
118period. For each registration period after the one in which the
119metal registration license plate is issued, and until the
120license plate is required to be replaced, a validation sticker
121showing the month and year of expiration shall be issued upon
122payment of the proper license tax amount and fees and is shall
123be valid for not more than 12 months. For each extended
124registration period occurring after the one in which the metal
125registration license plate is issued and until the license plate
126is required to be replaced, a validation sticker showing the
127year of expiration shall be issued upon payment of the proper
128license tax amount and fees and is valid for not more than 24
129months. When license plates equipped with validation stickers
130are issued in any month other than the owner's birth month or
131the designated registration period for any other motor vehicle,
132the effective date shall reflect the birth month or month and
133the year of renewal. However, when a license plate or validation
134sticker is issued for a period of less than 12 months, the
135applicant shall pay the appropriate amount of license tax and
136the applicable fee under the provisions of s. 320.14 in addition
137to all other fees. Validation stickers issued for vehicles taxed
138under the provisions of s. 320.08(6)(a), for any company that
139which owns 250 vehicles or more, or for semitrailers taxed under
140the provisions of s. 320.08(5)(a), for any company that which
141owns 50 vehicles or more, may be placed on any vehicle in the
142fleet so long as the vehicle receiving the validation sticker
143has the same owner's name and address as the vehicle to which
144the validation sticker was originally assigned.
145     Section 4.  Section 320.07, Florida Statutes, is amended to
146read:
147     320.07  Expiration of registration; annual renewal
148required; penalties.--
149     (1)  The registration of a motor vehicle or mobile home
150expires shall expire at midnight on the last day of the
151registration or extended registration period. A vehicle shall
152not be operated on the roads of this state after expiration of
153the renewal period unless the registration has been renewed
154according to law.
155     (2)  Registration shall be renewed semiannually, annually,
156or biennially, as provided in this subsection, during the
157applicable renewal period, upon payment of the applicable
158license tax amounts amount required by s. 320.08, service
159charges required by s. 320.04, and any additional fees required
160by law.
161     (a)  However, Any person who owns owning a motor vehicle
162registered under s. 320.08(4), (6)(b), or (13) may register
163semiannually as provided in s. 320.0705.
164     (b)  Any person who owns a motor vehicle or mobile home
165registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
166(7), (8), (9), (10), or (11) may renew the vehicle registration
167biennially during the applicable renewal period upon payment of
168the 2-year cumulative total of all applicable license tax
169amounts required by s. 320.08 and service charges or surcharges
170required by ss. 320.03, 320.04, 320.0801, 320.08015, 320.0802,
171320.0804, 320.0805, 320.08046, and 320.08056 and payment of the
1722-year cumulative total of any additional fees required by law
173for an annual registration.
174     (3)  The operation of any motor vehicle without having
175attached thereto a registration license plate and validation
176stickers, or the use of any mobile home without having attached
177thereto a mobile home sticker, for the current registration
178period shall subject the owner thereof, if he or she is present,
179or, if the owner is not present, the operator thereof to the
180following penalty provisions:
181     (a)  Any person whose motor vehicle or mobile home
182registration has been expired for a period of 6 months or less
183commits a noncriminal traffic infraction, punishable as a
184nonmoving violation as provided in chapter 318.
185     (b)  Any person whose motor vehicle or mobile home
186registration has been expired for more than 6 months, shall upon
187a first offense, is be subject to the penalty provided in s.
188318.14.
189     (c)  Any person whose motor vehicle or mobile home
190registration has been expired for more than 6 months, shall upon
191a second or subsequent offense, commits be guilty of a
192misdemeanor of the second degree, punishable as provided in s.
193775.082 or s. 775.083.
194     (d)  However, an no operator shall not be charged with a
195violation of this subsection if the operator can show, pursuant
196to a valid lease agreement, that the vehicle had been leased for
197a period of 30 days or less at the time of the offense.
198     (e)  Any servicemember, as defined in s. 250.01, whose
199mobile home registration has expired while he or she was serving
200on active duty or state active duty shall not be charged with a
201violation of this subsection if, at the time of the offense, the
202servicemember was serving on active duty or state active duty 35
203miles or more from the mobile home. The servicemember must
204present to the department either a copy of the official military
205orders or a written verification signed by the servicemember's
206commanding officer to receive a waiver of waive charges.
207     (f)  The owner of a leased motor vehicle is not responsible
208for any penalty specified in this subsection if the motor
209vehicle is registered in the name of the lessee of the motor
210vehicle.
211     (4)(a)  In addition to a penalty provided in subsection
212(3), a delinquent fee based on the following schedule of license
213taxes shall be imposed on any applicant who fails to renew a
214registration prior to the end of the month in which renewal
215registration is due. The delinquent fee shall be applied
216beginning on the 11th calendar day of the month succeeding the
217renewal period. The delinquent fee does shall not apply to those
218vehicles that which have not been required to be registered
219during the preceding registration period or as provided in s.
220320.18(2). The delinquent fee shall be imposed as follows:
221     1.  License tax of $5 but not more than $25:  $5 flat.
222     2.  License tax over $25 but not more than $50:  $10 flat.
223     3.  License tax over $50 but not more than $100:  $15 flat.
224     4.  License tax over $100 but not more than $400:  $50
225flat.
226     5.  License tax over $400 but not more than $600:  $100
227flat.
228     6.  License tax over $600 and up:  $250 flat.
229     (b)  A person who has been assessed a penalty pursuant to
230s. 316.545(2)(b) for failure to have a valid vehicle
231registration certificate is not subject to the delinquent fee
232authorized by this subsection if such person obtains a valid
233registration certificate within 10 working days after such
234penalty was assessed. The official receipt authorized by s.
235316.545(6) constitutes proof of payment of the penalty
236authorized in s. 316.545(2)(b).
237     (c)  The owner of a leased motor vehicle is not responsible
238for any delinquent fee specified in this subsection if the motor
239vehicle is registered in the name of the lessee of the motor
240vehicle.
241     (5)  Any servicemember, as defined in s. 250.01, whose
242motor vehicle or mobile home registration has expired while he
243or she was serving on active duty or state active duty may,
244shall be able to renew his or her registration upon return from
245active duty or state active duty without penalty, if the
246servicemember served on active duty or state active duty 35
247miles or more from the servicemember's home of record prior to
248entering active duty or state active duty. The servicemember
249must provide to the department either a copy of the official
250military orders or a written verification signed by the
251servicemember's commanding officer to receive a waiver of waive
252delinquent fees.
253     (6)  Delinquent fees imposed under this section are shall
254not be apportionable under the International Registration Plan.
255     Section 5.  Paragraph (a) of subsection (1) of section
256320.071, Florida Statutes, is amended to read:
257     320.071  Advance registration renewal; procedures.--
258     (1)(a)  The owner of any motor vehicle or mobile home
259currently registered in this state may file an application for
260renewal of registration with the department, or its authorized
261agent in the county wherein the owner resides, any time during
262the 3 months preceding the date of expiration of the
263registration period. The registration period may not exceed 27
264months.
265     Section 6.  Section 320.203, Florida Statutes, is created
266to read:
267     320.203  Disposition of biennial license tax moneys.--
268     (1)  Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
269(b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
270and pursuant to s. 216.351, after the provisions of s.
271320.20(1), (2), (3), and (4) are fulfilled, an amount equal to
27250 percent of revenues collected from the biennial registrations
273created in s. 320.07 shall be retained in the Motor Vehicle
274License Clearing Trust Fund, authorized in s. 215.32(2)(b)2.f.,
275until July 1 of the following fiscal year and then accounted for
276as revenue for that fiscal year derived from use fees, vessel
277registrations, and the licensing of motor vehicles.
278     (2)  A tax collector may escrow an amount necessary to
279annualize revenues collected from the biennial registration
280service charges, branch charges, or tax collector fees created
281in s. 320.07 until July 1 of the following fiscal year and then
282account for that amount as revenue for that fiscal year.
283     Section 7.  Subsections (1), (3), (9), and (12) of section
284328.72, Florida Statutes, are amended to read:
285     328.72  Classification; registration; fees and charges;
286surcharge; disposition of fees; fines; marine turtle stickers.--
287     (1)  VESSEL REGISTRATION FEE.--Vessels that are required to
288be registered shall be classified for registration purposes
289according to the following schedule, and the registration
290certificate fee shall be in the following amounts:
291     Class A-1--Less than 12 feet in length, and all canoes to
292which propulsion motors have been attached, regardless of
293length....$3.50 for each 12-month period registered.
294     Class A-2--12 feet or more and less than 16 feet in
295length....10.50 for each 12-month period registered.
296(To county)....2.85 for each 12-month period registered.
297     Class 1--16 feet or more and less than 26 feet in
298length....18.50 for each 12-month period registered.
299(To county)....8.85 for each 12-month period registered.
300     Class 2--26 feet or more and less than 40 feet in
301length....50.50 for each 12-month period registered.
302(To county)....32.85 for each 12-month period registered.
303     Class 3--40 feet or more and less than 65 feet in
304length....82.50 for each 12-month period registered.
305(To county)....56.85 for each 12-month period registered.
306     Class 4--65 feet or more and less than 110 feet in
307length....98.50 for each 12-month period registered.
308(To county)....68.85 for each 12-month period registered.
309     Class 5--110 feet or more in length....122.50 for each
31012-month period registered.
311(To county)....86.85 for each 12-month period registered.
312     Dealer registration certificate ....16.50 for each 12-month
313period registered.
314
315The county portion of the vessel registration fee is derived
316from recreational vessels only.
317     (3)  ALIEN OR NONRESIDENT LICENSE FEE.--An additional
318license fee of $50 for each 12-month period registered shall be
319required of all aliens or nonresidents of the state on all
320vessels not subject to a specific reciprocal agreement with
321another state, which vessels are used for commercial purposes
322and owned in whole or in part by such aliens or nonresidents.
323Such fee shall be in addition to the vessel registration fee
324required by this section.
325     (9)  SURCHARGE.--In addition, there is hereby levied and
326imposed on each vessel registration fee imposed under subsection
327(1) a surcharge in the amount of $1 for each 12-month period of
328registration, which shall be collected in the same manner as the
329fee and deposited into the State Agency Law Enforcement Radio
330System Trust Fund of the Department of Management Services.
331     (12)  REGISTRATION.--
332     (a)  "Registration period" is a period of 12 months during
333which a vessel registration is valid.
334     (b)  Any vessel owner who is subject to registration under
335subparagraph (c)1. is eligible for an extended registration
336period that begins the first day of the birth month of the owner
337and ends the last day of the month immediately preceding the
338owner's birth month 24 months after the beginning of the
339registration period. If the vessel is registered in the name of
340more than one person, the birth month of the person whose name
341first appears on the registration shall be used to determine the
342extended registration period. For a vessel subject to this
343extended registration period, the renewal period is the 30-day
344period ending at midnight on the vessel owner's date of birth.
345"Renewal period" is a period of 30 days during which renewal of
346a vessel registration is required, except as otherwise provided
347by law.
348     (c)  The following registration periods and renewal periods
349are established:
350     1.  For vessels owned by individuals, the registration
351period begins the first day of the birth month of the owner and
352ends the last day of the month immediately preceding the owner's
353birth month in the succeeding year. If the vessel is registered
354in the name of more than one person, the birth month of the
355person whose name first appears on the registration shall be
356used to determine the registration period. For a vessel subject
357to this registration period, the renewal period is the 30-day
358period ending at midnight on the vessel owner's date of birth.
359     2.  For vessels owned by companies, corporations,
360governmental entities, and registrations issued to dealers and
361manufacturers, the registration period begins July 1 and ends
362June 30. The renewal period is the 30-day period beginning June
3631.
364     Section 8.  This act shall take effect January 1, 2008.


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