Senate Bill sb0442

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    Florida Senate - 2007                                   SB 442

    By Senator Bennett





    21-459-07                                               See HB

  1                      A bill to be entitled

  2         An act relating to motor vehicle, mobile home,

  3         and vessel registration; amending s. 320.01,

  4         F.S.; redefining the term "registration

  5         period"; defining the term "extended

  6         registration period"; amending s. 320.055,

  7         F.S.; establishing an extended registration

  8         period and renewal period for certain motor

  9         vehicles and mobile homes; amending s. 320.06,

10         F.S.; extending the time period and revising

11         the fee for replacement of registration license

12         plates; extending the period of validity of

13         license plates and validation stickers to

14         provide for an extended registration period;

15         amending s. 320.07, F.S.; providing for the

16         semiannual, annual, or biennial renewal of

17         motor vehicle and mobile home registrations;

18         authorizing the biennial renewal of certain

19         motor vehicle and mobile home registrations

20         upon payment of the cumulative total of license

21         taxes, service charges, surcharges, and other

22         fees; amending s. 320.071, F.S.; specifying

23         that the registration period for a motor

24         vehicle or mobile home may not exceed a

25         specified number of months; amending s. 328.72,

26         F.S.; providing for an extended registration

27         period for certain vessel owners; providing for

28         the refund of certain registration fees;

29         directing the Department of Highway Safety and

30         Motor Vehicles to adopt certain rules;

31         providing an effective date.

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (19) of section 320.01, Florida

 4  Statutes, is amended to read:

 5         320.01  Definitions, general.--As used in the Florida

 6  Statutes, except as otherwise provided, the term:

 7         (19)(a)  "Registration period" means a period of 12

 8  months or 24 months during which a motor vehicle or mobile

 9  home registration is valid.

10         (b)  "Extended registration period" means a period of

11  24 months during which a motor vehicle or mobile home

12  registration is valid.

13         Section 2.  Subsection (1) of section 320.055, Florida

14  Statutes, is amended to read:

15         320.055  Registration periods; renewal periods.--The

16  following registration periods and renewal periods are

17  established:

18         (1)(a)  For a motor vehicle subject to registration

19  under s. 320.08(1), (2), (3), (5)(b), (c), (d), or (f),

20  (6)(a), (7), (8), (9), or (10) and owned by a natural person,

21  the registration period begins the first day of the birth

22  month of the owner and ends the last day of the month

23  immediately preceding the owner's birth month in the

24  succeeding year. If such vehicle is registered in the name of

25  more than one person, the birth month of the person whose name

26  first appears on the registration shall be used to determine

27  the registration period. For a vehicle subject to this

28  registration period, the renewal period is the 30-day period

29  ending at midnight on the vehicle owner's date of birth.

30         (b)  A motor vehicle or mobile home that is subject to

31  registration under s. 320.08(1), (2), (3), (4)(a) or (b), (6),

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  (7), (8), (9), (10), or (11) is eligible for an extended

 2  registration period as defined in s. 320.01(19)(b).

 3         (c)(b)  Notwithstanding the requirements of paragraph

 4  (a), the owner of a motor vehicle subject to paragraph (a) who

 5  has had his or her driver's license suspended pursuant to a

 6  violation of s. 316.193 or pursuant to s. 322.26(2) for

 7  driving under the influence must obtain a 6-month registration

 8  as a condition of reinstating the license, subject to renewal

 9  during the 3-year period that financial responsibility

10  requirements apply. The registration period begins the first

11  day of the birth month of the owner and ends the last day of

12  the fifth month immediately following the owner's birth month.

13  For such vehicles, the department shall issue a vehicle

14  registration certificate that is valid for 6 months and shall

15  issue a validation sticker that displays an expiration date of

16  6 months after the date of issuance. The license tax required

17  by s. 320.08 and all other applicable license taxes shall be

18  one-half of the amount otherwise required, except the service

19  charge required by s. 320.04 shall be paid in full for each

20  6-month registration. A vehicle required to be registered

21  under this paragraph is not eligible for the extended

22  registration period under paragraph (b).

23         Section 3.  Paragraphs (b) and (c) of subsection (1) of

24  section 320.06, Florida Statutes, are amended to read:

25         320.06  Registration certificates, license plates, and

26  validation stickers generally.--

27         (1)

28         (b)  Registration license plates bearing a graphic

29  symbol and the alphanumeric system of identification shall be

30  issued for a 6-year 5-year period. At the end of that 6-year

31  said 5-year period, upon renewal, the plate shall be replaced.

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  The fee for such replacement is $12 shall be $10, $2 of which

 2  shall be paid each year before the plate is replaced, to be

 3  credited towards the next $12 $10 replacement fee. The fees

 4  shall be deposited into the Highway Safety Operating Trust

 5  Fund. A credit or refund shall not be given for any prior

 6  years' payments of such prorated replacement fee if when the

 7  plate is replaced or surrendered before the end of the 6-year

 8  5-year period, except that a credit may be given when a

 9  registrant is required by the department to replace a license

10  plate under s. 320.08056(8)(a). With each license plate, there

11  shall be issued a validation sticker showing the owner's birth

12  month, license plate number, and the year of expiration or the

13  appropriate renewal period if the owner is not a natural

14  person. The validation sticker shall is to be placed on the

15  upper right corner of the license plate. Such license plate

16  and validation sticker shall be issued based on the

17  applicant's appropriate renewal period. The registration

18  period is shall be a period of 12 months, the extended

19  registration period is a period of 24 months, and all

20  expirations shall occur based on the applicant's appropriate

21  registration period. A vehicle with an apportioned

22  registration shall be issued an annual license plate and a cab

23  card that denote the declared gross vehicle weight for each

24  apportioned jurisdiction in which the vehicle is authorized to

25  operate.

26         (c)  Registration license plates equipped with

27  validation stickers subject to the registration period are

28  shall be valid for not more than 12 months and shall expire at

29  midnight on the last day of the registration period. A

30  registration license plate equipped with a validation sticker

31  subject to the extended registration period is valid for not

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  more than 24 months and expires at midnight on the last day of

 2  the extended registration period. For each registration period

 3  after the one in which the metal registration license plate is

 4  issued, and until the license plate is required to be

 5  replaced, a validation sticker showing the month and year of

 6  expiration shall be issued upon payment of the proper license

 7  tax amount and fees and is shall be valid for not more than 12

 8  months. For each extended registration period occurring after

 9  the one in which the metal registration license plate is

10  issued and until the license plate is required to be replaced,

11  a validation sticker showing the year of expiration shall be

12  issued upon payment of the proper license tax amount and fees

13  and is valid for not more than 24 months. When license plates

14  equipped with validation stickers are issued in any month

15  other than the owner's birth month or the designated

16  registration period for any other motor vehicle, the effective

17  date shall reflect the birth month or month and the year of

18  renewal. However, when a license plate or validation sticker

19  is issued for a period of less than 12 months, the applicant

20  shall pay the appropriate amount of license tax and the

21  applicable fee under the provisions of s. 320.14 in addition

22  to all other fees. Validation stickers issued for vehicles

23  taxed under the provisions of s. 320.08(6)(a), for any company

24  that which owns 250 vehicles or more, or for semitrailers

25  taxed under the provisions of s. 320.08(5)(a), for any company

26  that which owns 50 vehicles or more, may be placed on any

27  vehicle in the fleet so long as the vehicle receiving the

28  validation sticker has the same owner's name and address as

29  the vehicle to which the validation sticker was originally

30  assigned.

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1         Section 4.  Section 320.07, Florida Statutes, is

 2  amended to read:

 3         320.07  Expiration of registration; annual renewal

 4  required; penalties.--

 5         (1)  The registration of a motor vehicle or mobile home

 6  expires shall expire at midnight on the last day of the

 7  registration or extended registration period. A vehicle shall

 8  not be operated on the roads of this state after expiration of

 9  the renewal period unless the registration has been renewed

10  according to law.

11         (2)  Registration shall be renewed semiannually,

12  annually, or biennially, as provided in this subsection,

13  during the applicable renewal period, upon payment of the

14  applicable license tax amounts amount required by s. 320.08,

15  service charges required by s. 320.04, and any additional fees

16  required by law.

17         (a)  However, Any person who owns owning a motor

18  vehicle registered under s. 320.08(4), (6)(b), or (13) may

19  register semiannually as provided in s. 320.0705.

20         (b)  Any person who owns a motor vehicle or mobile home

21  registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),

22  (7), (8), (9), (10), or (11) may renew the vehicle

23  registration biennially during the applicable renewal period

24  upon payment of the 2-year cumulative total of all applicable

25  license tax amounts required by s. 320.08 and service charges

26  or surcharges required by ss. 320.03, 320.04, 320.0801,

27  320.08015, 320.0802, 320.0804, and 320.08046 and payment of

28  the 2-year cumulative total of any additional fees required by

29  law for an annual registration.

30         (3)  The operation of any motor vehicle without having

31  attached thereto a registration license plate and validation

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  stickers, or the use of any mobile home without having

 2  attached thereto a mobile home sticker, for the current

 3  registration period shall subject the owner thereof , if he or

 4  she is present, or, if the owner is not present, the operator

 5  thereof to the following penalty provisions:

 6         (a)  Any person whose motor vehicle or mobile home

 7  registration has been expired for a period of 6 months or less

 8  commits a noncriminal traffic infraction, punishable as a

 9  nonmoving violation as provided in chapter 318.

10         (b)  Any person whose motor vehicle or mobile home

11  registration has been expired for more than 6 months, shall

12  upon a first offense, is be subject to the penalty provided in

13  s. 318.14.

14         (c)  Any person whose motor vehicle or mobile home

15  registration has been expired for more than 6 months, shall

16  upon a second or subsequent offense, commits be guilty of a

17  misdemeanor of the second degree, punishable as provided in s.

18  775.082 or s. 775.083.

19         (d)  However, an no operator shall not be charged with

20  a violation of this subsection if the operator can show,

21  pursuant to a valid lease agreement, that the vehicle had been

22  leased for a period of 30 days or less at the time of the

23  offense.

24         (e)  Any servicemember, as defined in s. 250.01, whose

25  mobile home registration has expired while he or she was

26  serving on active duty or state active duty shall not be

27  charged with a violation of this subsection if, at the time of

28  the offense, the servicemember was serving on active duty or

29  state active duty 35 miles or more from the mobile home. The

30  servicemember must present to the department either a copy of

31  the official military orders or a written verification signed

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  by the servicemember's commanding officer to receive a waiver

 2  of waive charges.

 3         (f)  The owner of a leased motor vehicle is not

 4  responsible for any penalty specified in this subsection if

 5  the motor vehicle is registered in the name of the lessee of

 6  the motor vehicle.

 7         (4)(a)  In addition to a penalty provided in subsection

 8  (3), a delinquent fee based on the following schedule of

 9  license taxes shall be imposed on any applicant who fails to

10  renew a registration prior to the end of the month in which

11  renewal registration is due. The delinquent fee shall be

12  applied beginning on the 11th calendar day of the month

13  succeeding the renewal period. The delinquent fee does shall

14  not apply to those vehicles that which have not been required

15  to be registered during the preceding registration period or

16  as provided in s. 320.18(2). The delinquent fee shall be

17  imposed as follows:

18         1.  License tax of $5 but not more than $25:  $5 flat.

19         2.  License tax over $25 but not more than $50:  $10

20  flat.

21         3.  License tax over $50 but not more than $100:  $15

22  flat.

23         4.  License tax over $100 but not more than $400:  $50

24  flat.

25         5.  License tax over $400 but not more than $600:  $100

26  flat.

27         6.  License tax over $600 and up:  $250 flat.

28         (b)  A person who has been assessed a penalty pursuant

29  to s. 316.545(2)(b) for failure to have a valid vehicle

30  registration certificate is not subject to the delinquent fee

31  authorized by this subsection if such person obtains a valid

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  registration certificate within 10 working days after such

 2  penalty was assessed. The official receipt authorized by s.

 3  316.545(6) constitutes proof of payment of the penalty

 4  authorized in s. 316.545(2)(b).

 5         (c)  The owner of a leased motor vehicle is not

 6  responsible for any delinquent fee specified in this

 7  subsection if the motor vehicle is registered in the name of

 8  the lessee of the motor vehicle.

 9         (5)  Any servicemember, as defined in s. 250.01, whose

10  motor vehicle or mobile home registration has expired while he

11  or she was serving on active duty or state active duty may,

12  shall be able to renew his or her registration upon return

13  from active duty or state active duty without penalty, if the

14  servicemember served on active duty or state active duty 35

15  miles or more from the servicemember's home of record prior to

16  entering active duty or state active duty. The servicemember

17  must provide to the department either a copy of the official

18  military orders or a written verification signed by the

19  servicemember's commanding officer to receive a waiver of

20  waive delinquent fees.

21         (6)  Delinquent fees imposed under this section are

22  shall not be apportionable under the International

23  Registration Plan.

24         Section 5.  Paragraph (a) of subsection (1) of section

25  320.071, Florida Statutes, is amended to read:

26         320.071  Advance registration renewal; procedures.--

27         (1)(a)  The owner of any motor vehicle or mobile home

28  currently registered in this state may file an application for

29  renewal of registration with the department, or its authorized

30  agent in the county wherein the owner resides, any time during

31  the 3 months preceding the date of expiration of the

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  registration period. The registration period may not exceed 27

 2  months.

 3         Section 6.  Subsections (1), (3), (4), (9), (12), and

 4  (17) of section 328.72, Florida Statutes, are amended to read:

 5         328.72  Classification; registration; fees and charges;

 6  surcharge; disposition of fees; fines; marine turtle

 7  stickers.--

 8         (1)  VESSEL REGISTRATION FEE.--Vessels that are

 9  required to be registered shall be classified for registration

10  purposes according to the following schedule, and the

11  registration certificate fee shall be in the following

12  amounts:

13         Class A-1--Less than 12 feet in length, and all canoes

14  to which propulsion motors have been attached, regardless of

15  length..........................................$3.50 for each

16  12-month period registered.

17         Class A-2--12 feet or more and less than 16 feet in

18  length...................................................10.50

19  for each 12-month period registered.

20  (To county)..........2.85 for each 12-month period registered.

21         Class 1--16 feet or more and less than 26 feet in

22  length...................................................18.50

23  for each 12-month period registered.

24  (To county)..........8.85 for each 12-month period registered.

25         Class 2--26 feet or more and less than 40 feet in

26  length...................................................50.50

27  for each 12-month period registered.

28  (To county).........32.85 for each 12-month period registered.

29         Class 3--40 feet or more and less than 65 feet in

30  length...................................................82.50

31  for each 12-month period registered.

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  (To county).........56.85 for each 12-month period registered.

 2         Class 4--65 feet or more and less than 110 feet in

 3  length...................................................98.50

 4  for each 12-month period registered.

 5  (To county).........68.85 for each 12-month period registered.

 6         Class 5--110 feet or more in length..............122.50

 7  for each 12-month period registered.

 8  (To county).........86.85 for each 12-month period registered.

 9         Dealer registration certificate...................16.50

10  for each 12-month period registered.

11  

12  The county portion of the vessel registration fee is derived

13  from recreational vessels only.

14         (3)  ALIEN OR NONRESIDENT LICENSE FEE.--An additional

15  license fee of $50 for each 12-month period registered shall

16  be required of all aliens or nonresidents of the state on all

17  vessels not subject to a specific reciprocal agreement with

18  another state, which vessels are used for commercial purposes

19  and owned in whole or in part by such aliens or nonresidents.

20  Such fee shall be in addition to the vessel registration fee

21  required by this section.

22         (4)  TRANSFER OF OWNERSHIP; REFUND OF REGISTRATION

23  FEE.--

24         (a)1.  When the ownership of a registered vessel

25  changes, an application for transfer of registration shall be

26  filed with the county tax collector by the new owner within 30

27  days with a fee of $3.25. The county tax collector shall

28  retain $2.25 of the fee and shall remit $1 to the department.

29  A refund may not be made for any unused portion of a

30  registration period.

31  

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1         2.(b)  If a vessel is an antique as defined in

 2  subsection (2), the application shall be accompanied by either

 3  a certificate of title, a bill of sale and a registration, or

 4  a bill of sale and an affidavit by the owner defending the

 5  title from all claims. The bill of sale must contain a

 6  complete vessel description to include the hull identification

 7  number and engine number, if appropriate; the year, make, and

 8  color of the vessel; the selling price; and the signatures of

 9  the seller and purchaser.

10         (b)  Upon transfer or cancellation of a vessel

11  registration, there shall be no refund for any unused portion

12  of a registration period of less than 12 months. If the

13  remaining period of registration is more than 12 months, the

14  registered owner may, upon application, receive a refund of

15  the 12-month fee for registration.

16         (9)  SURCHARGE.--In addition, there is hereby levied

17  and imposed on each vessel registration fee imposed under

18  subsection (1) a surcharge in the amount of $1 for each

19  12-month period of registration, which shall be collected in

20  the same manner as the fee and deposited into the State Agency

21  Law Enforcement Radio System Trust Fund of the Department of

22  Management Services.

23         (12)  REGISTRATION.--

24         (a)  "Registration period" is a period of 12 months

25  during which a vessel registration is valid.

26         (b)  Any vessel owner who is subject to registration

27  under subparagraph (c)1. is eligible for an extended

28  registration period that begins the first day of the birth

29  month of the owner and ends the last day of the month

30  immediately preceding the owner's birth month 24 months after

31  the beginning of the registration period. If the vessel is

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1  registered in the name of more than one person, the birth

 2  month of the person whose name first appears on the

 3  registration shall be used to determine the extended

 4  registration period. For a vessel subject to this extended

 5  registration period, the renewal period is the 30-day period

 6  ending at midnight on the vessel owner's date of birth.

 7  "Renewal period" is a period of 30 days during which renewal

 8  of a vessel registration is required, except as otherwise

 9  provided by law.

10         (c)  The following registration periods and renewal

11  periods are established:

12         1.  For vessels owned by individuals, the registration

13  period begins the first day of the birth month of the owner

14  and ends the last day of the month immediately preceding the

15  owner's birth month in the succeeding year. If the vessel is

16  registered in the name of more than one person, the birth

17  month of the person whose name first appears on the

18  registration shall be used to determine the registration

19  period. For a vessel subject to this registration period, the

20  renewal period is the 30-day period ending at midnight on the

21  vessel owner's date of birth.

22         2.  For vessels owned by companies, corporations,

23  governmental entities, and registrations issued to dealers and

24  manufacturers, the registration period begins July 1 and ends

25  June 30. The renewal period is the 30-day period beginning

26  June 1.

27         (17)  RULES, FORMS, AND NOTICES.--

28         (a)  The Department of Highway Safety and Motor

29  Vehicles shall prescribe and provide suitable forms for

30  applications and other notices and forms necessary to

31  administer the provisions of this chapter.

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    Florida Senate - 2007                                   SB 442
    21-459-07                                               See HB




 1         (b)  The Department of Highway Safety and Motor

 2  Vehicles shall adopt rules governing the processing of

 3  applications for and payments of refunds authorized under

 4  subsection (4).

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