Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 442
Barcode 173534
CHAMBER ACTION
Senate House
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04/13/2007 01:08 PM .
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11 The Committee on Finance and Tax (Atwater) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (19) of section 320.01, Florida
19 Statutes, is amended to read:
20 320.01 Definitions, general.--As used in the Florida
21 Statutes, except as otherwise provided, the term:
22 (19)(a) "Registration period" means a period of 12
23 months or 24 months during which a motor vehicle or mobile
24 home registration is valid.
25 (b) "Extended registration period" means a period of
26 24 months during which a motor vehicle or mobile home
27 registration is valid.
28 Section 2. Subsection (1) of section 320.055, Florida
29 Statutes, is amended to read:
30 320.055 Registration periods; renewal periods.--The
31 following registration periods and renewal periods are
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 established:
2 (1)(a) For a motor vehicle subject to registration
3 under s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f),
4 (6)(a), (7), (8), (9), or (10) and owned by a natural person,
5 the registration period begins the first day of the birth
6 month of the owner and ends the last day of the month
7 immediately preceding the owner's birth month in the
8 succeeding year. If the such vehicle is registered in the name
9 of more than one person, the birth month of the person whose
10 name first appears on the registration shall be used to
11 determine the registration period. For a vehicle subject to
12 this registration period, the renewal period is the 30-day
13 period ending at midnight on the vehicle owner's date of
14 birth.
15 (b) A motor vehicle or mobile home that is subject to
16 registration under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
17 (7), (8), (9), (10), or (11) is eligible for an extended
18 registration period as defined in s. 320.01(19)(b).
19 (c)(b) Notwithstanding the requirements of paragraph
20 (a), the owner of a motor vehicle subject to paragraph (a) who
21 has had his or her driver's license suspended pursuant to a
22 violation of s. 316.193 or pursuant to s. 322.26(2) for
23 driving under the influence must obtain a 6-month registration
24 as a condition of reinstating the license, subject to renewal
25 during the 3-year period that financial responsibility
26 requirements apply. The registration period begins the first
27 day of the birth month of the owner and ends the last day of
28 the fifth month immediately following the owner's birth month.
29 For such vehicles, the department shall issue a vehicle
30 registration certificate that is valid for 6 months and shall
31 issue a validation sticker that displays an expiration date of
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Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 442
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1 6 months after the date of issuance. The license tax required
2 by s. 320.08 and all other applicable license taxes shall be
3 one-half of the amount otherwise required, except the service
4 charge required by s. 320.04 shall be paid in full for each
5 6-month registration. A vehicle required to be registered
6 under this paragraph is not eligible for the extended
7 registration period under paragraph (b).
8 Section 3. Paragraphs (b) and (c) of subsection (1) of
9 section 320.06, Florida Statutes, are amended to read:
10 320.06 Registration certificates, license plates, and
11 validation stickers generally.--
12 (1)
13 (b) Registration license plates bearing a graphic
14 symbol and the alphanumeric system of identification shall be
15 issued for a 6-year 5-year period. At the end of the 6-year
16 said 5-year period, upon renewal, the plate shall be replaced.
17 The department shall stagger the implementation of the 6-year
18 license plate replacement cycle. The fee for such replacement
19 is $12 shall be $10, $2 of which shall be paid each year
20 before the plate is replaced, to be credited towards the next
21 $12 $10 replacement fee. The fees shall be deposited into the
22 Highway Safety Operating Trust Fund. A credit or refund shall
23 not be given for any prior years' payments of such prorated
24 replacement fee if when the plate is replaced or surrendered
25 before the end of the 6-year 5-year period, except that a
26 credit may be given when a registrant is required by the
27 department to replace a license plate under s.
28 320.08056(8)(a). With each license plate, there shall be
29 issued a validation sticker showing the owner's birth month,
30 license plate number, and the year of expiration or the
31 appropriate renewal period if the owner is not a natural
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1 person. The validation sticker shall is to be placed on the
2 upper right corner of the license plate. Such license plate
3 and validation sticker shall be issued based on the
4 applicant's appropriate renewal period. The registration
5 period is shall be a period of 12 months, the extended
6 registration period is a period of 24 months, and all
7 expirations shall occur based on the applicant's appropriate
8 registration period. A vehicle with an apportioned
9 registration shall be issued an annual license plate and a cab
10 card that denote the declared gross vehicle weight for each
11 apportioned jurisdiction in which the vehicle is authorized to
12 operate.
13 (c) Registration license plates equipped with
14 validation stickers subject to the registration period are
15 shall be valid for not more than 12 months and shall expire at
16 midnight on the last day of the registration period. A
17 registration license plate equipped with a validation sticker
18 subject to the extended registration period is valid for not
19 more than 24 months and expires at midnight on the last day of
20 the extended registration period. For each registration period
21 after the one in which the metal registration license plate is
22 issued, and until the license plate is required to be
23 replaced, a validation sticker showing the month and year of
24 expiration shall be issued upon payment of the proper license
25 tax amount and fees and is shall be valid for not more than 12
26 months. For each extended registration period occurring after
27 the one in which the metal registration license plate is
28 issued and until the license plate is required to be replaced,
29 a validation sticker showing the year of expiration shall be
30 issued upon payment of the proper license tax amount and fees
31 and is valid for not more than 24 months. When license plates
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Florida Senate - 2007 COMMITTEE AMENDMENT
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1 equipped with validation stickers are issued in any month
2 other than the owner's birth month or the designated
3 registration period for any other motor vehicle, the effective
4 date shall reflect the birth month or month and the year of
5 renewal. However, when a license plate or validation sticker
6 is issued for a period of less than 12 months, the applicant
7 shall pay the appropriate amount of license tax and the
8 applicable fee under the provisions of s. 320.14 in addition
9 to all other fees. Validation stickers issued for vehicles
10 taxed under the provisions of s. 320.08(6)(a), for any company
11 that which owns 250 vehicles or more, or for semitrailers
12 taxed under the provisions of s. 320.08(5)(a), for any company
13 that which owns 50 vehicles or more, may be placed on any
14 vehicle in the fleet so long as the vehicle receiving the
15 validation sticker has the same owner's name and address as
16 the vehicle to which the validation sticker was originally
17 assigned.
18 Section 4. Section 320.07, Florida Statutes, is
19 amended to read:
20 320.07 Expiration of registration; annual renewal
21 required; penalties.--
22 (1) The registration of a motor vehicle or mobile home
23 expires shall expire at midnight on the last day of the
24 registration or extended registration period. A vehicle shall
25 not be operated on the roads of this state after expiration of
26 the renewal period unless the registration has been renewed
27 according to law.
28 (2) Registration shall be renewed semiannually,
29 annually, or biennially, as provided in this subsection,
30 during the applicable renewal period, upon payment of the
31 applicable license tax amounts amount required by s. 320.08,
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1 service charges required by s. 320.04, and any additional fees
2 required by law.
3 (a) However, Any person who owns owning a motor
4 vehicle registered under s. 320.08(4), (6)(b), or (13) may
5 register semiannually as provided in s. 320.0705.
6 (b) Any person who owns a motor vehicle or mobile home
7 registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
8 (7), (8), (9), (10), or (11) may renew the vehicle
9 registration biennially during the applicable renewal period
10 upon payment of the 2-year cumulative total of all applicable
11 license tax amounts required by s. 320.08 and service charges
12 or surcharges required by ss. 320.03, 320.04, 320.0801,
13 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, and
14 320.08056 and payment of the 2-year cumulative total of any
15 additional fees required by law for an annual registration.
16 (3) The operation of any motor vehicle without having
17 an attached thereto a registration license plate and
18 validation stickers, or the use of any mobile home without
19 having an attached thereto a mobile home sticker, for the
20 current registration period shall subject the owner thereof,
21 if he or she is present, or, if the owner is not present, the
22 operator thereof to the following penalty provisions:
23 (a) Any person whose motor vehicle or mobile home
24 registration has been expired for a period of 6 months or less
25 commits a noncriminal traffic infraction, punishable as a
26 nonmoving violation as provided in chapter 318.
27 (b) Any person whose motor vehicle or mobile home
28 registration has been expired for more than 6 months, shall
29 upon a first offense, is be subject to the penalty provided in
30 s. 318.14.
31 (c) Any person whose motor vehicle or mobile home
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1 registration has been expired for more than 6 months, shall
2 upon a second or subsequent offense, commits be guilty of a
3 misdemeanor of the second degree, punishable as provided in s.
4 775.082 or s. 775.083.
5 (d) An However, no operator shall not be charged with
6 a violation of this subsection if the operator can show,
7 pursuant to a valid lease agreement, that the vehicle had been
8 leased for a period of 30 days or less at the time of the
9 offense.
10 (e) A Any servicemember, as defined in s. 250.01,
11 whose mobile home registration has expired while he or she was
12 serving on active duty or state active duty shall not be
13 charged with a violation of this subsection if, at the time of
14 the offense, the servicemember was serving on active duty or
15 state active duty 35 miles or more from the mobile home. The
16 servicemember must present to the department either a copy of
17 the official military orders or a written verification signed
18 by the servicemember's commanding officer to receive a waiver
19 of waive charges.
20 (f) The owner of a leased motor vehicle is not
21 responsible for any penalty specified in this subsection if
22 the motor vehicle is registered in the name of the lessee of
23 the motor vehicle.
24 (4)(a) In addition to a penalty provided in subsection
25 (3), a delinquent fee based on the following schedule of
26 license taxes shall be imposed on any applicant who fails to
27 renew a registration prior to the end of the month in which
28 renewal registration is due. The delinquent fee shall be
29 applied beginning on the 11th calendar day of the month
30 succeeding the renewal period. The delinquent fee does shall
31 not apply to those vehicles that which have not been required
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1 to be registered during the preceding registration period or
2 as provided in s. 320.18(2). The delinquent fee shall be
3 imposed as follows:
4 1. License tax of $5 but not more than $25: $5 flat.
5 2. License tax over $25 but not more than $50: $10
6 flat.
7 3. License tax over $50 but not more than $100: $15
8 flat.
9 4. License tax over $100 but not more than $400: $50
10 flat.
11 5. License tax over $400 but not more than $600: $100
12 flat.
13 6. License tax over $600 and up: $250 flat.
14 (b) A person who has been assessed a penalty pursuant
15 to s. 316.545(2)(b) for failure to have a valid vehicle
16 registration certificate is not subject to the delinquent fee
17 authorized by this subsection if such person obtains a valid
18 registration certificate within 10 working days after such
19 penalty was assessed. The official receipt authorized by s.
20 316.545(6) constitutes proof of payment of the penalty
21 authorized in s. 316.545(2)(b).
22 (c) The owner of a leased motor vehicle is not
23 responsible for any delinquent fee specified in this
24 subsection if the motor vehicle is registered in the name of
25 the lessee of the motor vehicle.
26 (5) Any servicemember, as defined in s. 250.01, whose
27 motor vehicle or mobile home registration has expired while he
28 or she was serving on active duty or state active duty may,
29 shall be able to renew his or her registration upon return
30 from active duty or state active duty without penalty, if the
31 servicemember served on active duty or state active duty 35
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1 miles or more from the servicemember's home of record prior to
2 entering active duty or state active duty. The servicemember
3 must provide to the department either a copy of the official
4 military orders or a written verification signed by the
5 servicemember's commanding officer to receive a waiver of
6 waive delinquent fees.
7 (6) Delinquent fees imposed under this section are
8 shall not be apportionable under the International
9 Registration Plan.
10 Section 5. Paragraph (a) of subsection (1) of section
11 320.071, Florida Statutes, is amended to read:
12 320.071 Advance registration renewal; procedures.--
13 (1)(a) The owner of any motor vehicle or mobile home
14 currently registered in this state may file an application for
15 renewal of registration with the department, or its authorized
16 agent in the county wherein the owner resides, any time during
17 the 3 months preceding the date of expiration of the
18 registration period. The registration period may not exceed 27
19 months.
20 Section 6. Section 320.203, Florida Statutes, is
21 created to read:
22 320.203 Disposition of biennial license tax moneys.--
23 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
24 (b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
25 and pursuant to s. 216.351, after the provisions of s.
26 320.20(1), (2), (3), and (4) are fulfilled, an amount equal to
27 50 percent of revenues collected from the biennial
28 registrations created in s. 320.07 shall be retained in the
29 Motor Vehicle License Clearing Trust Fund, authorized in s.
30 215.32(2)(b)2.f., until July 1 of the following fiscal year
31 and then accounted for as revenue for that fiscal year derived
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1 from use fees, vessel registrations, and the licensing of
2 motor vehicles.
3 (2) A tax collector may escrow an amount necessary to
4 annualize revenues collected from the biennial registration
5 service charges, branch charges, or tax collector fees created
6 in s. 320.07 until October 1 of the following fiscal year and
7 then account for that amount as revenue for that fiscal year.
8 Section 7. Subsections (1), (3), (9), and (12) of
9 section 328.72, Florida Statutes, are amended to read:
10 328.72 Classification; registration; fees and charges;
11 surcharge; disposition of fees; fines; marine turtle
12 stickers.--
13 (1) VESSEL REGISTRATION FEE.--Vessels that are
14 required to be registered shall be classified for registration
15 purposes according to the following schedule, and the
16 registration certificate fee shall be in the following
17 amounts:
18 Class A-1--Less than 12 feet in length, and all canoes
19 to which propulsion motors have been attached, regardless of
20 length....$3.50 for each 12-month period registered.
21 Class A-2--12 feet or more and less than 16 feet in
22 length....10.50 for each 12-month period registered.
23 (To county)...2.85 for each 12-month period registered.
24 Class 1--16 feet or more and less than 26 feet in
25 length....18.50 for each 12-month period registered.
26 (To county)....8.85 for each 12-month period
27 registered.
28 Class 2--26 feet or more and less than 40 feet in
29 length....50.50 for each 12-month period registered.
30 (To county)....32.85 for each 12-month period
31 registered.
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1 Class 3--40 feet or more and less than 65 feet in
2 length....82.50 for each 12-month period registered.
3 (To county)....56.85 for each 12-month period
4 registered.
5 Class 4--65 feet or more and less than 110 feet in
6 length....98.50 for each 12-month period registered.
7 (To county)....68.85 for each 12-month period
8 registered.
9 Class 5--110 feet or more in length....122.50 for each
10 12-month period registered.
11 (To county)....86.85 for each 12-month period
12 registered.
13 Dealer registration certificate ....16.50 for each
14 12-month period registered.
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16 The county portion of the vessel registration fee is derived
17 from recreational vessels only.
18 (3) ALIEN OR NONRESIDENT LICENSE FEE.--An additional
19 license fee of $50 for each 12-month period registered shall
20 be required of all aliens or nonresidents of the state on all
21 vessels not subject to a specific reciprocal agreement with
22 another state, which vessels are used for commercial purposes
23 and owned in whole or in part by such aliens or nonresidents.
24 Such fee shall be in addition to the vessel registration fee
25 required by this section.
26 (9) SURCHARGE.--In addition, there is hereby levied
27 and imposed on each vessel registration fee imposed under
28 subsection (1) a surcharge in the amount of $1 for each
29 12-month period of registration, which shall be collected in
30 the same manner as the fee and deposited into the State Agency
31 Law Enforcement Radio System Trust Fund of the Department of
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1 Management Services.
2 (12) REGISTRATION.--
3 (a) "Registration period" is a period of 12 months
4 during which a vessel registration is valid.
5 (b) Any vessel owner who is subject to registration
6 under subparagraph (c)1. is eligible for an extended
7 registration period that begins the first day of the birth
8 month of the owner and ends the last day of the month
9 immediately preceding the owner's birth month 24 months after
10 the beginning of the registration period. If the vessel is
11 registered in the name of more than one person, the birth
12 month of the person whose name first appears on the
13 registration shall be used to determine the extended
14 registration period. For a vessel subject to this extended
15 registration period, the renewal period is the 30-day period
16 ending at midnight on the vessel owner's date of birth.
17 "Renewal period" is a period of 30 days during which renewal
18 of a vessel registration is required, except as otherwise
19 provided by law.
20 (c) The following registration periods and renewal
21 periods are established:
22 1. For vessels owned by individuals, the registration
23 period begins the first day of the birth month of the owner
24 and ends the last day of the month immediately preceding the
25 owner's birth month in the succeeding year. If the vessel is
26 registered in the name of more than one person, the birth
27 month of the person whose name first appears on the
28 registration shall be used to determine the registration
29 period. For a vessel subject to this registration period, the
30 renewal period is the 30-day period ending at midnight on the
31 vessel owner's date of birth.
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1 2. For vessels owned by companies, corporations,
2 governmental entities, and registrations issued to dealers and
3 manufacturers, the registration period begins July 1 and ends
4 June 30. The renewal period is the 30-day period beginning
5 June 1.
6 Section 8. This act shall take effect January 1, 2008.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 Delete everything before the enacting clause
12
13 and insert:
14 A bill to be entitled
15 An act relating to motor vehicle, mobile home,
16 and vessel registration; amending s. 320.01,
17 F.S.; redefining the term "registration
18 period"; defining the term "extended
19 registration period"; amending s. 320.055,
20 F.S.; establishing an extended registration
21 period and renewal period for certain motor
22 vehicles and mobile homes; amending s. 320.06,
23 F.S.; extending the time period and revising
24 the fee for replacement of registration license
25 plates; providing for staggered implementation;
26 extending the period of validity of license
27 plates and validation stickers to provide for
28 an extended registration period; amending s.
29 320.07, F.S.; providing for the semiannual,
30 annual, or biennial renewal of motor vehicle
31 and mobile home registrations; authorizing the
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1 biennial renewal of certain motor vehicle and
2 mobile home registrations upon payment of the
3 cumulative total of license taxes, service
4 charges, surcharges, and other fees; amending
5 s. 320.071, F.S.; specifying that the
6 registration period for a motor vehicle or
7 mobile home may not exceed a specified number
8 of months; creating s. 320.203, F.S.; providing
9 for the disposition of biennial registration
10 revenues; amending s. 328.72, F.S.; providing
11 for an extended registration period for certain
12 vessel owners; providing an effective date.
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