Florida Senate - 2009 CS for SB 1624
By the Committee on Transportation; and Senator Bennett
596-04985-09 20091624c1
1 A bill to be entitled
2 An act relating to motor vehicles; amending s.
3 316.003, F.S.; defining the term “tri-vehicle”;
4 amending s. 316.0741, F.S.; expanding the definition
5 of “hybrid vehicle” to include certain tri-vehicles;
6 amending s. 320.06, F.S.; extending the periods of
7 issuance and replacement for certain registration
8 license plates; increasing the cost of such
9 replacement; deleting a provision requiring that
10 registration license plates be specially treated with
11 retroreflective material; deleting a provision
12 requiring that validation stickers be treated with
13 such material and be of a specified size; providing
14 for an additional fee on each registration or renewal
15 registration for the purpose of paying costs of
16 materials for license plates and validation stickers;
17 amending s. 320.08, F.S.; including tri-vehicles among
18 the types of vehicles upon which annual license taxes
19 are levied; amending s. 322.01, F.S.; defining the
20 term “tri-vehicle”; excluding tri-vehicles from the
21 definition of “motorcycle”; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (86) is added to section 316.003,
27 Florida Statutes, to read:
28 316.003 Definitions.—The following words and phrases, when
29 used in this chapter, shall have the meanings respectively
30 ascribed to them in this section, except where the context
31 otherwise requires:
32 (86) TRI-VEHICLE.—An enclosed three-wheeled passenger
33 vehicle that is designed to operate with three wheels in contact
34 with the ground; has a minimum unladen weight of 900 pounds; has
35 a single, completely enclosed occupant compartment; is produced
36 by its manufacturer in a minimum quantity of 300 in any calendar
37 year; and is equipped with:
38 (a) Seats certified by the vehicle manufacturer to meet the
39 requirements of Federal Motor Vehicle Safety Standard No. 207,
40 “Seating systems,” as described in 49 C.F.R. s. 571.207.
41 (b) A steering wheel used to maneuver the vehicle.
42 (c) A propulsion unit located forward or aft of the
43 enclosed occupant compartment.
44 (d) A seat belt for each vehicle occupant which is
45 certified to meet the requirements of Federal Motor Vehicle
46 Safety Standard No. 209, “Seat belt assemblies,” as described in
47 49 C.F.R. s. 571.209.
48 (e) A windshield and appropriate windshield wiper and
49 washer system certified by the vehicle manufacturer to meet the
50 requirements of Federal Motor Vehicle Safety Standard No. 205,
51 “Glazing materials,” as described in 49 C.F.R. s. 571.205 and
52 Federal Motor Vehicle Safety Standard No. 104, “Windshield
53 wiping and washing systems,” as described in 49 C.F.R. s.
54 571.104.
55 (f) A vehicle structure certified by the vehicle
56 manufacturer to meet the requirements of Federal Motor Vehicle
57 Safety Standard No. 216, “Rollover crush resistance,” as
58 described in 49 C.F.R. s. 571.216.
59 Section 2. Paragraph (b) of subsection (1) of section
60 316.0741, Florida Statutes, is amended to read:
61 316.0741 High-occupancy-vehicle lanes.—
62 (1) As used in this section, the term:
63 (b) “Hybrid vehicle” means a motor vehicle:
64 1. That draws propulsion energy from onboard sources of
65 stored energy which are both an internal combustion or heat
66 engine using combustible fuel and a rechargeable energy-storage
67 system; and
68 2. That, in the case of a passenger automobile or light
69 truck, has received a certificate of conformity under the Clean
70 Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
71 equivalent qualifying California standards for a low-emission
72 vehicle.
73 3. That, in the case of a tri-vehicle, is an inherently
74 low-emission vehicle (ILEV) in accordance with paragraph (4).
75 Section 3. Section 320.06, Florida Statutes, is amended to
76 read:
77 320.06 Registration certificates, license plates, and
78 validation stickers generally.—
79 (1)(a) Upon the receipt of an initial application for
80 registration and payment of the appropriate license tax and
81 other fees required by law, the department shall assign to the
82 motor vehicle a registration license number consisting of
83 letters and numerals or numerals and issue to the owner or
84 lessee a certificate of registration and one registration
85 license plate, unless two plates are required for display by s.
86 320.0706, for each vehicle so registered.
87 (b) Registration license plates bearing a graphic symbol
88 and the alphanumeric system of identification shall be issued
89 for a 10-year 6-year period. At the end of that 10-year 6-year
90 period, upon renewal, the plate shall be replaced. The
91 department shall stagger the implementation of the 10-year 6
92 year license plate replacement cycle. The fee for such
93 replacement is $20 $12, $2 of which shall be paid each year
94 before the plate is replaced, to be credited towards the next
95 $20 $12 replacement fee. The fees shall be deposited into the
96 Highway Safety Operating Trust Fund. A credit or refund shall
97 not be given for any prior years’ payments of such prorated
98 replacement fee if the plate is replaced or surrendered before
99 the end of the 10-year 6-year period, except that a credit may
100 be given when a registrant is required by the department to
101 replace a license plate under s. 320.08056(8)(a). With each
102 license plate, there shall be issued a validation sticker
103 showing the owner’s birth month, license plate number, and the
104 year of expiration or the appropriate renewal period if the
105 owner is not a natural person. The validation sticker shall be
106 placed on the upper right corner of the license plate. Such
107 license plate and validation sticker shall be issued based on
108 the applicant’s appropriate renewal period. The registration
109 period is a period of 12 months, the extended registration
110 period is a period of 24 months, and all expirations shall occur
111 based on the applicant’s appropriate registration period. A
112 vehicle with an apportioned registration shall be issued an
113 annual license plate and a cab card that denote the declared
114 gross vehicle weight for each apportioned jurisdiction in which
115 the vehicle is authorized to operate.
116 (c) Registration license plates equipped with validation
117 stickers subject to the registration period are valid for not
118 more than 12 months and expire at midnight on the last day of
119 the registration period. A registration license plate equipped
120 with a validation sticker subject to the extended registration
121 period is valid for not more than 24 months and expires at
122 midnight on the last day of the extended registration period.
123 For each registration period after the one in which the metal
124 registration license plate is issued, and until the license
125 plate is required to be replaced, a validation sticker showing
126 the month and year of expiration shall be issued upon payment of
127 the proper license tax amount and fees and is valid for not more
128 than 12 months. For each extended registration period occurring
129 after the one in which the metal registration license plate is
130 issued and until the license plate is required to be replaced, a
131 validation sticker showing the year of expiration shall be
132 issued upon payment of the proper license tax amount and fees
133 and is valid for not more than 24 months. When license plates
134 equipped with validation stickers are issued in any month other
135 than the owner’s birth month or the designated registration
136 period for any other motor vehicle, the effective date shall
137 reflect the birth month or month and the year of renewal.
138 However, when a license plate or validation sticker is issued
139 for a period of less than 12 months, the applicant shall pay the
140 appropriate amount of license tax and the applicable fee under
141 s. 320.14 in addition to all other fees. Validation stickers
142 issued for vehicles taxed under s. 320.08(6)(a), for any company
143 that owns 250 vehicles or more, or for semitrailers taxed under
144 the provisions of s. 320.08(5)(a), for any company that owns 50
145 vehicles or more, may be placed on any vehicle in the fleet so
146 long as the vehicle receiving the validation sticker has the
147 same owner’s name and address as the vehicle to which the
148 validation sticker was originally assigned.
149 (2) The department shall provide the several tax collectors
150 and license plate agents with the necessary number of validation
151 stickers.
152 (3)(a) Registration license plates shall be of metal
153 specially treated with a retroreflective material, as specified
154 by the department. The registration license plate is designed to
155 increase nighttime visibility and legibility and shall be at
156 least 6 inches wide and not less than 12 inches in length,
157 unless a plate with reduced dimensions is deemed necessary by
158 the department to accommodate motorcycles, mopeds, or similar
159 smaller vehicles. Validation stickers shall be treated with a
160 retroreflective material, shall be of such size as specified by
161 the department, and shall adhere to the license plate. The
162 registration license plate shall be imprinted with a combination
163 of bold letters and numerals or numerals, not to exceed seven
164 digits, to identify the registration license plate number. The
165 license plate shall also be imprinted with the word “Florida” at
166 the top and the name of the county in which it is sold, the
167 state motto, or the words “Sunshine State” at the bottom.
168 Apportioned license plates shall have the word “Apportioned” at
169 the bottom and license plates issued for vehicles taxed under s.
170 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) shall have
171 the word “Restricted” at the bottom. License plates issued for
172 vehicles taxed under s. 320.08(12) must be imprinted with the
173 word “Florida” at the top and the word “Dealer” at the bottom.
174 Manufacturer license plates issued for vehicles taxed under s.
175 320.08(12) must be imprinted with the word “Florida” at the top
176 and the word “Manufacturer” at the bottom. License plates issued
177 for vehicles taxed under s. 320.08(5)(d) or (e) must be
178 imprinted with the word “Wrecker” at the bottom. Any county may,
179 upon majority vote of the county commission, elect to have the
180 county name removed from the license plates sold in that county.
181 The state motto or the words “Sunshine State” shall be printed
182 in lieu thereof. A license plate issued for a vehicle taxed
183 under s. 320.08(6) may not be assigned a registration license
184 number, or be issued with any other distinctive character or
185 designation, that distinguishes the motor vehicle as a for-hire
186 motor vehicle.
187 (b) An additional fee of 50 cents shall be collected and
188 deposited into the Highway Safety Operating Trust Fund on each
189 motor vehicle registration or motor vehicle renewal registration
190 issued in this state so in order that material costs are paid
191 for all license plates and validation stickers be fully treated
192 with retroreflective material.
193 (4) The corporation organized under chapter 946 may
194 manufacture license plates, validation stickers, and decals, as
195 well as temporary tags, disabled hang tags, vessel decals, and
196 fuel use decals, for the Department of Highway Safety and Motor
197 Vehicles as provided in this chapter and chapter 327. The
198 Department of Highway Safety and Motor Vehicles is not required
199 to obtain competitive bids in order to contract with the
200 corporation.
201 Section 4. Section 320.08, Florida Statutes, is amended to
202 read:
203 320.08 License taxes.—Except as otherwise provided herein,
204 there are hereby levied and imposed annual license taxes for the
205 operation of motor vehicles, mopeds, motorized bicycles as
206 defined in s. 316.003(2), tri-vehicles, and mobile homes, as
207 defined in s. 320.01, which shall be paid to and collected by
208 the department or its agent upon the registration or renewal of
209 registration of the following:
210 (1) MOTORCYCLES AND MOPEDS.—
211 (a) Any motorcycle: $10 flat.
212 (b) Any moped: $5 flat.
213 (c) Upon registration of any motorcycle, motor-driven
214 cycle, or moped there shall be paid in addition to the license
215 taxes specified in this subsection a nonrefundable motorcycle
216 safety education fee in the amount of $2.50. The proceeds of
217 such additional fee shall be deposited in the Highway Safety
218 Operating Trust Fund to fund a motorcycle driver improvement
219 program implemented pursuant to s. 322.025, the Florida
220 Motorcycle Safety Education Program established in s. 322.0255,
221 or the general operations of the department.
222 (d) An ancient or antique motorcycle: $10 flat.
223 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
224 (a) An ancient or antique automobile, as defined in s.
225 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
226 (b) Net weight of less than 2,500 pounds: $14.50 flat.
227 (c) Net weight of 2,500 pounds or more, but less than 3,500
228 pounds: $22.50 flat.
229 (d) Net weight of 3,500 pounds or more: $32.50 flat.
230 (3) TRUCKS.—
231 (a) Net weight of less than 2,000 pounds: $14.50 flat.
232 (b) Net weight of 2,000 pounds or more, but not more than
233 3,000 pounds: $22.50 flat.
234 (c) Net weight more than 3,000 pounds, but not more than
235 5,000 pounds: $32.50 flat.
236 (d) A truck defined as a “goat,” or any other vehicle when
237 used in the field by a farmer or in the woods for the purpose of
238 harvesting a crop, including naval stores, during such
239 harvesting operations, and which is not principally operated
240 upon the roads of the state: $7.50 flat. A “goat” is a motor
241 vehicle designed, constructed, and used principally for the
242 transportation of citrus fruit within citrus groves or for the
243 transportation of crops on farms, and which can also be used for
244 the hauling of associated equipment or supplies, including
245 required sanitary equipment, and the towing of farm trailers.
246 (e) An ancient or antique truck, as defined in s. 320.086:
247 $7.50 flat.
248 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
249 VEHICLE WEIGHT.—
250 (a) Gross vehicle weight of 5,001 pounds or more, but less
251 than 6,000 pounds: $45 flat.
252 (b) Gross vehicle weight of 6,000 pounds or more, but less
253 than 8,000 pounds: $65 flat.
254 (c) Gross vehicle weight of 8,000 pounds or more, but less
255 than 10,000 pounds: $76 flat.
256 (d) Gross vehicle weight of 10,000 pounds or more, but less
257 than 15,000 pounds: $87 flat.
258 (e) Gross vehicle weight of 15,000 pounds or more, but less
259 than 20,000 pounds: $131 flat.
260 (f) Gross vehicle weight of 20,000 pounds or more, but less
261 than 26,001 pounds: $186 flat.
262 (g) Gross vehicle weight of 26,001 pounds or more, but less
263 than 35,000: $240 flat.
264 (h) Gross vehicle weight of 35,000 pounds or more, but less
265 than 44,000 pounds: $300 flat.
266 (i) Gross vehicle weight of 44,000 pounds or more, but less
267 than 55,000 pounds: $572 flat.
268 (j) Gross vehicle weight of 55,000 pounds or more, but less
269 than 62,000 pounds: $678 flat.
270 (k) Gross vehicle weight of 62,000 pounds or more, but less
271 than 72,000 pounds: $800 flat.
272 (l) Gross vehicle weight of 72,000 pounds or more: $979
273 flat.
274 (m) Notwithstanding the declared gross vehicle weight, a
275 truck tractor used within a 150-mile radius of its home address
276 shall be eligible for a license plate for a fee of $240 flat if:
277 1. The truck tractor is used exclusively for hauling
278 forestry products; or
279 2. The truck tractor is used primarily for the hauling of
280 forestry products, and is also used for the hauling of
281 associated forestry harvesting equipment used by the owner of
282 the truck tractor.
283 (n) A truck tractor or heavy truck, not operated as a for
284 hire vehicle, which is engaged exclusively in transporting raw,
285 unprocessed, and nonmanufactured agricultural or horticultural
286 products within a 150-mile radius of its home address, shall be
287 eligible for a restricted license plate for a fee of $65 flat,
288 if such vehicle’s declared gross vehicle weight is less than
289 44,000 pounds; or $240 flat, if such vehicle’s declared gross
290 vehicle weight is 44,000 pounds or more and such vehicle only
291 transports:
292 1. From the point of production to the point of primary
293 manufacture;
294 2. From the point of production to the point of assembling
295 the same; or
296 3. From the point of production to a shipping point of
297 either a rail, water, or motor transportation company.
298
299 Such not-for-hire truck tractors and heavy trucks used
300 exclusively in transporting raw, unprocessed, and
301 nonmanufactured agricultural or horticultural products may be
302 incidentally used to haul farm implements and fertilizers when
303 delivered direct to the growers. The department may require any
304 such documentation deemed necessary to determine eligibility
305 prior to issuance of this license plate. For the purpose of this
306 paragraph, “not-for-hire” means the owner of the motor vehicle
307 must also be the owner of the raw, unprocessed, and
308 nonmanufactured agricultural or horticultural product, or the
309 user of the farm implements and fertilizer being delivered.
310 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
311 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
312 (a)1. A semitrailer drawn by a GVW truck tractor by means
313 of a fifth-wheel arrangement: $10 flat per registration year or
314 any part thereof.
315 2. A semitrailer drawn by a GVW truck tractor by means of a
316 fifth-wheel arrangement: $50 flat per permanent registration.
317 (b) A motor vehicle equipped with machinery and designed
318 for the exclusive purpose of well drilling, excavation,
319 construction, spraying, or similar activity, and which is not
320 designed or used to transport loads other than the machinery
321 described above over public roads: $32.50 flat.
322 (c) A school bus used exclusively to transport pupils to
323 and from school or school or church activities or functions
324 within their own county: $30 flat.
325 (d) A wrecker, as defined in s. 320.01(40), which is used
326 to tow a vessel as defined in s. 327.02(39), a disabled,
327 abandoned, stolen-recovered, or impounded motor vehicle as
328 defined in s. 320.01(38), or a replacement motor vehicle as
329 defined in s. 320.01(39): $30 flat.
330 (e) A wrecker, as defined in s. 320.01(40), which is used
331 to tow any motor vehicle, regardless of whether or not such
332 motor vehicle is a disabled motor vehicle as defined in s.
333 320.01(38), a replacement motor vehicle as defined in s.
334 320.01(39), a vessel as defined in s. 327.02(39), or any other
335 cargo, as follows:
336 1. Gross vehicle weight of 10,000 pounds or more, but less
337 than 15,000 pounds: $87 flat.
338 2. Gross vehicle weight of 15,000 pounds or more, but less
339 than 20,000 pounds: $131 flat.
340 3. Gross vehicle weight of 20,000 pounds or more, but less
341 than 26,000 pounds: $186 flat.
342 4. Gross vehicle weight of 26,000 pounds or more, but less
343 than 35,000 pounds: $240 flat.
344 5. Gross vehicle weight of 35,000 pounds or more, but less
345 than 44,000 pounds: $300 flat.
346 6. Gross vehicle weight of 44,000 pounds or more, but less
347 than 55,000 pounds: $572 flat.
348 7. Gross vehicle weight of 55,000 pounds or more, but less
349 than 62,000 pounds: $678 flat.
350 8. Gross vehicle weight of 62,000 pounds or more, but less
351 than 72,000 pounds: $800 flat.
352 9. Gross vehicle weight of 72,000 pounds or more: $979
353 flat.
354 (f) A hearse or ambulance: $30 flat.
355 (6) MOTOR VEHICLES FOR HIRE.—
356 (a) Under nine passengers: $12.50 flat plus $1 per cwt.
357 (b) Nine passengers and over: $12.50 flat plus $1.50 per
358 cwt.
359 (7) TRAILERS FOR PRIVATE USE.—
360 (a) Any trailer weighing 500 pounds or less: $5 flat per
361 year or any part thereof.
362 (b) Net weight over 500 pounds: $2.50 flat plus 75 cents
363 per cwt.
364 (8) TRAILERS FOR HIRE.—
365 (a) Net weight under 2,000 pounds: $2.50 flat plus $1 per
366 cwt.
367 (b) Net weight 2,000 pounds or more: $10 flat plus $1 per
368 cwt.
369 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
370 (a) A travel trailer or fifth-wheel trailer, as defined by
371 s. 320.01(1)(b), that does not exceed 35 feet in length: $20
372 flat.
373 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
374 flat.
375 (c) A motor home, as defined by s. 320.01(1)(b)4.:
376 1. Net weight of less than 4,500 pounds: $20 flat.
377 2. Net weight of 4,500 pounds or more: $35 flat.
378 (d) A truck camper as defined by s. 320.01(1)(b)3.:
379 1. Net weight of less than 4,500 pounds: $20 flat.
380 2. Net weight of 4,500 pounds or more: $35 flat.
381 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
382 1. Net weight of less than 4,500 pounds: $20 flat.
383 2. Net weight of 4,500 pounds or more: $35 flat.
384 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
385 35 FEET TO 40 FEET.—
386 (a) Park trailers.—Any park trailer, as defined in s.
387 320.01(1)(b)7.: $25 flat.
388 (b) A travel trailer or fifth-wheel trailer, as defined in
389 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
390 (11) MOBILE HOMES.—
391 (a) A mobile home not exceeding 35 feet in length: $20
392 flat.
393 (b) A mobile home over 35 feet in length, but not exceeding
394 40 feet: $25 flat.
395 (c) A mobile home over 40 feet in length, but not exceeding
396 45 feet: $30 flat.
397 (d) A mobile home over 45 feet in length, but not exceeding
398 50 feet: $35 flat.
399 (e) A mobile home over 50 feet in length, but not exceeding
400 55 feet: $40 flat.
401 (f) A mobile home over 55 feet in length, but not exceeding
402 60 feet: $45 flat.
403 (g) A mobile home over 60 feet in length, but not exceeding
404 65 feet: $50 flat.
405 (h) A mobile home over 65 feet in length: $80 flat.
406 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
407 motor vehicle dealer, independent motor vehicle dealer, marine
408 boat trailer dealer, or mobile home dealer and manufacturer
409 license plate: $12.50 flat.
410 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
411 official license plate: $3 flat.
412 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
413 vehicle for hire operated wholly within a city or within 25
414 miles thereof: $12.50 flat plus $1.50 per cwt.
415 (15) TRANSPORTER.—Any transporter license plate issued to a
416 transporter pursuant to s. 320.133: $75 flat.
417 Section 5. Subsection (26) of section 322.01, Florida
418 Statutes, is amended, and subsection (46) is added to that
419 section, to read:
420 322.01 Definitions.—As used in this chapter:
421 (26) “Motorcycle” means a motor vehicle powered by a motor
422 with a displacement of more than 50 cubic centimeters, having a
423 seat or saddle for the use of the rider, and designed to travel
424 on not more than three wheels in contact with the ground, but
425 excluding a tractor, or moped, or tri-vehicle.
426 (46) “Tri-vehicle” means an enclosed three-wheeled
427 passenger vehicle that is designed to operate with three wheels
428 in contact with the ground; has a minimum unladen weight of 900
429 pounds; has a single, completely enclosed occupant compartment;
430 is produced by its manufacturer in a minimum quantity of 300 in
431 any calendar year; and is equipped with:
432 (a) Seats certified by the vehicle manufacturer to meet the
433 requirements of Federal Motor Vehicle Safety Standard No. 207,
434 “Seating systems,” as described in 49 C.F.R. s. 571.207.
435 (b) A steering wheel used to maneuver the vehicle.
436 (c) A propulsion unit located forward or aft of the
437 enclosed occupant compartment.
438 (d) A seat belt for each vehicle occupant which is
439 certified to meet the requirements of Federal Motor Vehicle
440 Safety Standard No. 209, “Seat belt assemblies,” as described in
441 49 C.F.R. s. 571.209.
442 (e) A windshield and appropriate windshield wiper and
443 washer system certified by the vehicle manufacturer to meet the
444 requirements of Federal Motor Vehicle Safety Standard No. 205,
445 “Glazing materials,” as described in 49 C.F.R. s. 571.205 and
446 Federal Motor Vehicle Safety Standard No. 104, “Windshield
447 wiping and washing systems,” as described in 49 C.F.R. s.
448 571.104.
449 (f) A vehicle structure certified by the vehicle
450 manufacturer to meet the requirements of Federal Motor Vehicle
451 Safety Standard No. 216, “Rollover crush resistance,” as
452 described in 49 C.F.R. s. 571.216.
453 Section 6. This act shall take effect July 1, 2009.