Senate Bill sb0442c1

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    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  

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    Florida Senate - 2007                            CS for SB 442
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 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  

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    Florida Senate - 2007                            CS for SB 442
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 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

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    Florida Senate - 2007                            CS for SB 442
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 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

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    Florida Senate - 2007                            CS for SB 442
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 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

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 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  

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    Florida Senate - 2007                            CS for SB 442
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 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

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    Florida Senate - 2007                            CS for SB 442
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 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.

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 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.--

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 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:

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 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.

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 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

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 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  

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 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.
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