Senate Bill sb0442c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
By the Committee on Finance and Tax; and Senator Bennett
593-2438-07
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; providing for staggered implementation;
13 extending the period of validity of license
14 plates and validation stickers to provide for
15 an extended registration period; amending s.
16 320.07, F.S.; providing for the semiannual,
17 annual, or biennial renewal of motor vehicle
18 and mobile home registrations; authorizing the
19 biennial renewal of certain motor vehicle and
20 mobile home registrations upon payment of the
21 cumulative total of license taxes, service
22 charges, surcharges, and other fees; amending
23 s. 320.071, F.S.; specifying that the
24 registration period for a motor vehicle or
25 mobile home may not exceed a specified number
26 of months; creating s. 320.203, F.S.; providing
27 for the disposition of biennial registration
28 revenues; amending s. 328.72, F.S.; providing
29 for an extended registration period for certain
30 vessel owners; providing an effective date.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
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 the such vehicle is registered in the name
25 of more than one person, the birth month of the person whose
26 name first appears on the registration shall be used to
27 determine the registration period. For a vehicle subject to
28 this registration period, the renewal period is the 30-day
29 period ending at midnight on the vehicle owner's date of
30 birth.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 (b) A motor vehicle or mobile home that is subject to
2 registration under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
3 (7), (8), (9), (10), or (11) is eligible for an extended
4 registration period as defined in s. 320.01(19)(b).
5 (c)(b) Notwithstanding the requirements of paragraph
6 (a), the owner of a motor vehicle subject to paragraph (a) who
7 has had his or her driver's license suspended pursuant to a
8 violation of s. 316.193 or pursuant to s. 322.26(2) for
9 driving under the influence must obtain a 6-month registration
10 as a condition of reinstating the license, subject to renewal
11 during the 3-year period that financial responsibility
12 requirements apply. The registration period begins the first
13 day of the birth month of the owner and ends the last day of
14 the fifth month immediately following the owner's birth month.
15 For such vehicles, the department shall issue a vehicle
16 registration certificate that is valid for 6 months and shall
17 issue a validation sticker that displays an expiration date of
18 6 months after the date of issuance. The license tax required
19 by s. 320.08 and all other applicable license taxes shall be
20 one-half of the amount otherwise required, except the service
21 charge required by s. 320.04 shall be paid in full for each
22 6-month registration. A vehicle required to be registered
23 under this paragraph is not eligible for the extended
24 registration period under paragraph (b).
25 Section 3. Paragraphs (b) and (c) of subsection (1) of
26 section 320.06, Florida Statutes, are amended to read:
27 320.06 Registration certificates, license plates, and
28 validation stickers generally.--
29 (1)
30 (b) Registration license plates bearing a graphic
31 symbol and the alphanumeric system of identification shall be
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 issued for a 6-year 5-year period. At the end of the 6-year
2 said 5-year period, upon renewal, the plate shall be replaced.
3 The department shall stagger the implementation of the 6-year
4 license plate replacement cycle. The fee for such replacement
5 is $12 shall be $10, $2 of which shall be paid each year
6 before the plate is replaced, to be credited towards the next
7 $12 $10 replacement fee. The fees shall be deposited into the
8 Highway Safety Operating Trust Fund. A credit or refund shall
9 not be given for any prior years' payments of such prorated
10 replacement fee if when the plate is replaced or surrendered
11 before the end of the 6-year 5-year period, except that a
12 credit may be given when a registrant is required by the
13 department to replace a license plate under s.
14 320.08056(8)(a). With each license plate, there shall be
15 issued a validation sticker showing the owner's birth month,
16 license plate number, and the year of expiration or the
17 appropriate renewal period if the owner is not a natural
18 person. The validation sticker shall is to be placed on the
19 upper right corner of the license plate. Such license plate
20 and validation sticker shall be issued based on the
21 applicant's appropriate renewal period. The registration
22 period is shall be a period of 12 months, the extended
23 registration period is a period of 24 months, and all
24 expirations shall occur based on the applicant's appropriate
25 registration period. A vehicle with an apportioned
26 registration shall be issued an annual license plate and a cab
27 card that denote the declared gross vehicle weight for each
28 apportioned jurisdiction in which the vehicle is authorized to
29 operate.
30 (c) Registration license plates equipped with
31 validation stickers subject to the registration period are
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 shall be valid for not more than 12 months and shall expire at
2 midnight on the last day of the registration period. A
3 registration license plate equipped with a validation sticker
4 subject to the extended registration period is valid for not
5 more than 24 months and expires at midnight on the last day of
6 the extended registration period. For each registration period
7 after the one in which the metal registration license plate is
8 issued, and until the license plate is required to be
9 replaced, a validation sticker showing the month and year of
10 expiration shall be issued upon payment of the proper license
11 tax amount and fees and is shall be valid for not more than 12
12 months. For each extended registration period occurring after
13 the one in which the metal registration license plate is
14 issued and until the license plate is required to be replaced,
15 a validation sticker showing the year of expiration shall be
16 issued upon payment of the proper license tax amount and fees
17 and is valid for not more than 24 months. When license plates
18 equipped with validation stickers are issued in any month
19 other than the owner's birth month or the designated
20 registration period for any other motor vehicle, the effective
21 date shall reflect the birth month or month and the year of
22 renewal. However, when a license plate or validation sticker
23 is issued for a period of less than 12 months, the applicant
24 shall pay the appropriate amount of license tax and the
25 applicable fee under the provisions of s. 320.14 in addition
26 to all other fees. Validation stickers issued for vehicles
27 taxed under the provisions of s. 320.08(6)(a), for any company
28 that which owns 250 vehicles or more, or for semitrailers
29 taxed under the provisions of s. 320.08(5)(a), for any company
30 that which owns 50 vehicles or more, may be placed on any
31 vehicle in the fleet so long as the vehicle receiving the
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 validation sticker has the same owner's name and address as
2 the vehicle to which the validation sticker was originally
3 assigned.
4 Section 4. Section 320.07, Florida Statutes, is
5 amended to read:
6 320.07 Expiration of registration; annual renewal
7 required; penalties.--
8 (1) The registration of a motor vehicle or mobile home
9 expires shall expire at midnight on the last day of the
10 registration or extended registration period. A vehicle shall
11 not be operated on the roads of this state after expiration of
12 the renewal period unless the registration has been renewed
13 according to law.
14 (2) Registration shall be renewed semiannually,
15 annually, or biennially, as provided in this subsection,
16 during the applicable renewal period, upon payment of the
17 applicable license tax amounts amount required by s. 320.08,
18 service charges required by s. 320.04, and any additional fees
19 required by law.
20 (a) However, Any person who owns owning a motor
21 vehicle registered under s. 320.08(4), (6)(b), or (13) may
22 register semiannually as provided in s. 320.0705.
23 (b) Any person who owns a motor vehicle or mobile home
24 registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
25 (7), (8), (9), (10), or (11) may renew the vehicle
26 registration biennially during the applicable renewal period
27 upon payment of the 2-year cumulative total of all applicable
28 license tax amounts required by s. 320.08 and service charges
29 or surcharges required by ss. 320.03, 320.04, 320.0801,
30 320.08015, 320.0802, 320.0804, 320.0805, 320.08046, and
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 320.08056 and payment of the 2-year cumulative total of any
2 additional fees required by law for an annual registration.
3 (3) The operation of any motor vehicle without having
4 an attached thereto a registration license plate and
5 validation stickers, or the use of any mobile home without
6 having an attached thereto a mobile home sticker, for the
7 current registration period shall subject the owner thereof,
8 if he or she is present, or, if the owner is not present, the
9 operator thereof to the following penalty provisions:
10 (a) Any person whose motor vehicle or mobile home
11 registration has been expired for a period of 6 months or less
12 commits a noncriminal traffic infraction, punishable as a
13 nonmoving violation as provided in chapter 318.
14 (b) Any person whose motor vehicle or mobile home
15 registration has been expired for more than 6 months, shall
16 upon a first offense, is be subject to the penalty provided in
17 s. 318.14.
18 (c) Any person whose motor vehicle or mobile home
19 registration has been expired for more than 6 months, shall
20 upon a second or subsequent offense, commits be guilty of a
21 misdemeanor of the second degree, punishable as provided in s.
22 775.082 or s. 775.083.
23 (d) An However, no operator shall not be charged with
24 a violation of this subsection if the operator can show,
25 pursuant to a valid lease agreement, that the vehicle had been
26 leased for a period of 30 days or less at the time of the
27 offense.
28 (e) A Any servicemember, as defined in s. 250.01,
29 whose mobile home registration has expired while he or she was
30 serving on active duty or state active duty shall not be
31 charged with a violation of this subsection if, at the time of
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 the offense, the servicemember was serving on active duty or
2 state active duty 35 miles or more from the mobile home. The
3 servicemember must present to the department either a copy of
4 the official military orders or a written verification signed
5 by the servicemember's commanding officer to receive a waiver
6 of waive charges.
7 (f) The owner of a leased motor vehicle is not
8 responsible for any penalty specified in this subsection if
9 the motor vehicle is registered in the name of the lessee of
10 the motor vehicle.
11 (4)(a) In addition to a penalty provided in subsection
12 (3), a delinquent fee based on the following schedule of
13 license taxes shall be imposed on any applicant who fails to
14 renew a registration prior to the end of the month in which
15 renewal registration is due. The delinquent fee shall be
16 applied beginning on the 11th calendar day of the month
17 succeeding the renewal period. The delinquent fee does shall
18 not apply to those vehicles that which have not been required
19 to be registered during the preceding registration period or
20 as provided in s. 320.18(2). The delinquent fee shall be
21 imposed as follows:
22 1. License tax of $5 but not more than $25: $5 flat.
23 2. License tax over $25 but not more than $50: $10
24 flat.
25 3. License tax over $50 but not more than $100: $15
26 flat.
27 4. License tax over $100 but not more than $400: $50
28 flat.
29 5. License tax over $400 but not more than $600: $100
30 flat.
31 6. License tax over $600 and up: $250 flat.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 (b) A person who has been assessed a penalty pursuant
2 to s. 316.545(2)(b) for failure to have a valid vehicle
3 registration certificate is not subject to the delinquent fee
4 authorized by this subsection if such person obtains a valid
5 registration certificate within 10 working days after such
6 penalty was assessed. The official receipt authorized by s.
7 316.545(6) constitutes proof of payment of the penalty
8 authorized in s. 316.545(2)(b).
9 (c) The owner of a leased motor vehicle is not
10 responsible for any delinquent fee specified in this
11 subsection if the motor vehicle is registered in the name of
12 the lessee of the motor vehicle.
13 (5) Any servicemember, as defined in s. 250.01, whose
14 motor vehicle or mobile home registration has expired while he
15 or she was serving on active duty or state active duty may,
16 shall be able to renew his or her registration upon return
17 from active duty or state active duty without penalty, if the
18 servicemember served on active duty or state active duty 35
19 miles or more from the servicemember's home of record prior to
20 entering active duty or state active duty. The servicemember
21 must provide to the department either a copy of the official
22 military orders or a written verification signed by the
23 servicemember's commanding officer to receive a waiver of
24 waive delinquent fees.
25 (6) Delinquent fees imposed under this section are
26 shall not be apportionable under the International
27 Registration Plan.
28 Section 5. Paragraph (a) of subsection (1) of section
29 320.071, Florida Statutes, is amended to read:
30 320.071 Advance registration renewal; procedures.--
31
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 (1)(a) The owner of any motor vehicle or mobile home
2 currently registered in this state may file an application for
3 renewal of registration with the department, or its authorized
4 agent in the county wherein the owner resides, any time during
5 the 3 months preceding the date of expiration of the
6 registration period. The registration period may not exceed 27
7 months.
8 Section 6. Section 320.203, Florida Statutes, is
9 created to read:
10 320.203 Disposition of biennial license tax moneys.--
11 (1) Notwithstanding ss. 320.08(1), (2), (3), (4)(a) or
12 (b), (6), (7), (8), (9), (10), or (11), 320.08058, and 328.76
13 and pursuant to s. 216.351, after the provisions of s.
14 320.20(1), (2), (3), and (4) are fulfilled, an amount equal to
15 50 percent of revenues collected from the biennial
16 registrations created in s. 320.07 shall be retained in the
17 Motor Vehicle License Clearing Trust Fund, authorized in s.
18 215.32(2)(b)2.f., until July 1. After July 1 of the subsequent
19 fiscal year, an amount equal to 50 percent of revenues
20 collected from the biennial registrations created in s. 320.07
21 shall be distributed according to ss. 320.08(1), (2), (3),
22 (4)(a) or (4)(b), (6), (7), (8), (9), (10), or (11),
23 320.08058, 328.76, and 320.20(1), (2), (3), and (4).
24 (2) A tax collector may escrow an amount necessary to
25 annualize revenues collected from the biennial registration
26 service charges, branch charges, or tax collector fees created
27 in s. 320.07 until October 1 of the following fiscal year and
28 then account for that amount as revenue for that fiscal year.
29 Section 7. Subsections (1), (3), (9), and (12) of
30 section 328.72, Florida Statutes, are amended to read:
31
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 328.72 Classification; registration; fees and charges;
2 surcharge; disposition of fees; fines; marine turtle
3 stickers.--
4 (1) VESSEL REGISTRATION FEE.--Vessels that are
5 required to be registered shall be classified for registration
6 purposes according to the following schedule, and the
7 registration certificate fee shall be in the following
8 amounts:
9 Class A-1--Less than 12 feet in length, and all canoes
10 to which propulsion motors have been attached, regardless of
11 length....$3.50 for each 12-month period registered.
12 Class A-2--12 feet or more and less than 16 feet in
13 length....10.50 for each 12-month period registered.
14 (To county)...2.85 for each 12-month period registered.
15 Class 1--16 feet or more and less than 26 feet in
16 length....18.50 for each 12-month period registered.
17 (To county)....8.85 for each 12-month period
18 registered.
19 Class 2--26 feet or more and less than 40 feet in
20 length....50.50 for each 12-month period registered.
21 (To county)....32.85 for each 12-month period
22 registered.
23 Class 3--40 feet or more and less than 65 feet in
24 length....82.50 for each 12-month period registered.
25 (To county)....56.85 for each 12-month period
26 registered.
27 Class 4--65 feet or more and less than 110 feet in
28 length....98.50 for each 12-month period registered.
29 (To county)....68.85 for each 12-month period
30 registered.
31
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 Class 5--110 feet or more in length....122.50 for each
2 12-month period registered.
3 (To county)....86.85 for each 12-month period
4 registered.
5 Dealer registration certificate ....16.50 for each
6 12-month period registered.
7
8 The county portion of the vessel registration fee is derived
9 from recreational vessels only.
10 (3) ALIEN OR NONRESIDENT LICENSE FEE.--An additional
11 license fee of $50 for each 12-month period registered shall
12 be required of all aliens or nonresidents of the state on all
13 vessels not subject to a specific reciprocal agreement with
14 another state, which vessels are used for commercial purposes
15 and owned in whole or in part by such aliens or nonresidents.
16 Such fee shall be in addition to the vessel registration fee
17 required by this section.
18 (9) SURCHARGE.--In addition, there is hereby levied
19 and imposed on each vessel registration fee imposed under
20 subsection (1) a surcharge in the amount of $1 for each
21 12-month period of registration, which shall be collected in
22 the same manner as the fee and deposited into the State Agency
23 Law Enforcement Radio System Trust Fund of the Department of
24 Management Services.
25 (12) REGISTRATION.--
26 (a) "Registration period" is a period of 12 months
27 during which a vessel registration is valid.
28 (b) Any vessel owner who is subject to registration
29 under subparagraph (c)1. is eligible for an extended
30 registration period that begins the first day of the birth
31 month of the owner and ends the last day of the month
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 immediately preceding the owner's birth month 24 months after
2 the beginning of the registration period. If the vessel is
3 registered in the name of more than one person, the birth
4 month of the person whose name first appears on the
5 registration shall be used to determine the extended
6 registration period. For a vessel subject to this extended
7 registration period, the renewal period is the 30-day period
8 ending at midnight on the vessel owner's date of birth.
9 "Renewal period" is a period of 30 days during which renewal
10 of a vessel registration is required, except as otherwise
11 provided by law.
12 (c) The following registration periods and renewal
13 periods are established:
14 1. For vessels owned by individuals, the registration
15 period begins the first day of the birth month of the owner
16 and ends the last day of the month immediately preceding the
17 owner's birth month in the succeeding year. If the vessel is
18 registered in the name of more than one person, the birth
19 month of the person whose name first appears on the
20 registration shall be used to determine the registration
21 period. For a vessel subject to this registration period, the
22 renewal period is the 30-day period ending at midnight on the
23 vessel owner's date of birth.
24 2. For vessels owned by companies, corporations,
25 governmental entities, and registrations issued to dealers and
26 manufacturers, the registration period begins July 1 and ends
27 June 30. The renewal period is the 30-day period beginning
28 June 1.
29 Section 8. This act shall take effect January 1, 2008.
30
31
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2007 CS for SB 442
593-2438-07
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 442
3
4 The Committee Substitute made the following changes to SB 442:
5 1) Provides for "revenue smoothing" to ensure that revenue
collected for biennial motor vehicle registrations is
6 distributed in the same manner and in the same amounts as
revenue currently collected for annual motor vehicle
7 registrations.
8 2) Requires the Department of Highway Safety and Motor
Vehicles to stagger the implementation of the 6-year
9 license tag replacement cycle.
10 3) Removes the refund provisions for biennial vessel
registrations.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.