Florida Senate - 2010                                    SB 2036
       
       
       
       By Senator Gaetz
       
       
       
       
       4-01488-10                                            20102036__
    1                        A bill to be entitled                      
    2         An act relating to fees related to the operation of
    3         motor vehicles; amending s. 320.08, F.S.; decreasing
    4         the annual license taxes for the operation of certain
    5         vehicles; amending s. 322.21, F.S.; decreasing certain
    6         driver’s license fees; deleting fees for requesting a
    7         review or hearing related to the cancellation of a
    8         driver’s license; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 320.08, Florida Statutes, is amended to
   13  read:
   14         320.08 License taxes.—Except as otherwise provided herein,
   15  there are hereby levied and imposed annual license taxes for the
   16  operation of motor vehicles, mopeds, motorized bicycles as
   17  defined in s. 316.003(2), and mobile homes, as defined in s.
   18  320.01, which shall be paid to and collected by the department
   19  or its agent upon the registration or renewal of registration of
   20  the following:
   21         (1) MOTORCYCLES AND MOPEDS.—
   22         (a) Any motorcycle: $10 $13.50 flat, of which $3.50 shall
   23  be deposited into the General Revenue Fund.
   24         (b) Any moped: $5 $6.75 flat, of which $1.75 shall be
   25  deposited into the General Revenue Fund.
   26         (c) Upon registration of any motorcycle, motor-driven
   27  cycle, or moped there shall be paid in addition to the license
   28  taxes specified in this subsection a nonrefundable motorcycle
   29  safety education fee in the amount of $2.50. The proceeds of
   30  such additional fee shall be deposited in the Highway Safety
   31  Operating Trust Fund to fund a motorcycle driver improvement
   32  program implemented pursuant to s. 322.025, the Florida
   33  Motorcycle Safety Education Program established in s. 322.0255,
   34  or the general operations of the department.
   35         (d) An ancient or antique motorcycle: $10 $13.50 flat, of
   36  which $3.50 shall be deposited into the General Revenue Fund.
   37         (2) AUTOMOBILES FOR PRIVATE USE.—
   38         (a) An ancient or antique automobile, as defined in s.
   39  320.086, or a street rod, as defined in s. 320.0863: $7.50
   40  $10.25 flat, of which $2.75 shall be deposited into the General
   41  Revenue Fund.
   42         (b) Net weight of less than 2,500 pounds: $14.50 $19.50
   43  flat, of which $5 shall be deposited into the General Revenue
   44  Fund.
   45         (c) Net weight of 2,500 pounds or more, but less than 3,500
   46  pounds: $22.50 $30.50 flat, of which $8 shall be deposited into
   47  the General Revenue Fund.
   48         (d) Net weight of 3,500 pounds or more: $32.50 $44 flat, of
   49  which $11.50 shall be deposited into the General Revenue Fund.
   50         (3) TRUCKS.—
   51         (a) Net weight of less than 2,000 pounds: $14.50 $19.50
   52  flat, of which $5 shall be deposited into the General Revenue
   53  Fund.
   54         (b) Net weight of 2,000 pounds or more, but not more than
   55  3,000 pounds: $22.50 $30.50 flat, of which $8 shall be deposited
   56  into the General Revenue Fund.
   57         (c) Net weight more than 3,000 pounds, but not more than
   58  5,000 pounds: $32.50 $44 flat, of which $11.50 shall be
   59  deposited into the General Revenue Fund.
   60         (d) A truck defined as a “goat,” or any other vehicle if
   61  used in the field by a farmer or in the woods for the purpose of
   62  harvesting a crop, including naval stores, during such
   63  harvesting operations, and which is not principally operated
   64  upon the roads of the state: $7.50 $10.25 flat, of which $2.75
   65  shall be deposited into the General Revenue Fund. A “goat” is a
   66  motor vehicle designed, constructed, and used principally for
   67  the transportation of citrus fruit within citrus groves or for
   68  the transportation of crops on farms, and which can also be used
   69  for the hauling of associated equipment or supplies, including
   70  required sanitary equipment, and the towing of farm trailers.
   71         (e) An ancient or antique truck, as defined in s. 320.086:
   72  $7.50 $10.25 flat, of which $2.75 shall be deposited into the
   73  General Revenue Fund.
   74         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
   75  VEHICLE WEIGHT.—
   76         (a) Gross vehicle weight of 5,001 pounds or more, but less
   77  than 6,000 pounds: $45 $60.75 flat, of which $15.75 shall be
   78  deposited into the General Revenue Fund.
   79         (b) Gross vehicle weight of 6,000 pounds or more, but less
   80  than 8,000 pounds: $65 $87.75 flat, of which $22.75 shall be
   81  deposited into the General Revenue Fund.
   82         (c) Gross vehicle weight of 8,000 pounds or more, but less
   83  than 10,000 pounds: $76 $103 flat, of which $27 shall be
   84  deposited into the General Revenue Fund.
   85         (d) Gross vehicle weight of 10,000 pounds or more, but less
   86  than 15,000 pounds: $87 $118 flat, of which $31 shall be
   87  deposited into the General Revenue Fund.
   88         (e) Gross vehicle weight of 15,000 pounds or more, but less
   89  than 20,000 pounds: $131 $177 flat, of which $46 shall be
   90  deposited into the General Revenue Fund.
   91         (f) Gross vehicle weight of 20,000 pounds or more, but less
   92  than 26,001 pounds: $186 $251 flat, of which $65 shall be
   93  deposited into the General Revenue Fund.
   94         (g) Gross vehicle weight of 26,001 pounds or more, but less
   95  than 35,000: $240 $324 flat, of which $84 shall be deposited
   96  into the General Revenue Fund.
   97         (h) Gross vehicle weight of 35,000 pounds or more, but less
   98  than 44,000 pounds: $300 $405 flat, of which $105 shall be
   99  deposited into the General Revenue Fund.
  100         (i) Gross vehicle weight of 44,000 pounds or more, but less
  101  than 55,000 pounds: $572 $773 flat, of which $201 shall be
  102  deposited into the General Revenue Fund.
  103         (j) Gross vehicle weight of 55,000 pounds or more, but less
  104  than 62,000 pounds: $678 $916 flat, of which $238 shall be
  105  deposited into the General Revenue Fund.
  106         (k) Gross vehicle weight of 62,000 pounds or more, but less
  107  than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
  108  deposited into the General Revenue Fund.
  109         (l) Gross vehicle weight of 72,000 pounds or more: $979
  110  $1,322 flat, of which $343 shall be deposited into the General
  111  Revenue Fund.
  112         (m) Notwithstanding the declared gross vehicle weight, a
  113  truck tractor used within a 150-mile radius of its home address
  114  is eligible for a license plate for a fee of $240 $324 flat if:
  115         1. The truck tractor is used exclusively for hauling
  116  forestry products; or
  117         2. The truck tractor is used primarily for the hauling of
  118  forestry products, and is also used for the hauling of
  119  associated forestry harvesting equipment used by the owner of
  120  the truck tractor.
  121  
  122  Of the fee imposed by this paragraph, $84 shall be deposited
  123  into the General Revenue Fund.
  124         (n) A truck tractor or heavy truck, not operated as a for
  125  hire vehicle, which is engaged exclusively in transporting raw,
  126  unprocessed, and nonmanufactured agricultural or horticultural
  127  products within a 150-mile radius of its home address, is
  128  eligible for a restricted license plate for a fee of:
  129         1. If such vehicle’s declared gross vehicle weight is less
  130  than 44,000 pounds,$65 $87.75 flat, of which $22.75 shall be
  131  deposited into the General Revenue Fund.
  132         2. If such vehicle’s declared gross vehicle weight is
  133  44,000 pounds or more and such vehicle only transports from the
  134  point of production to the point of primary manufacture; to the
  135  point of assembling the same; or to a shipping point of a rail,
  136  water, or motor transportation company, $240 $324 flat, of which
  137  $84 shall be deposited into the General Revenue Fund.
  138  
  139  Such not-for-hire truck tractors and heavy trucks used
  140  exclusively in transporting raw, unprocessed, and
  141  nonmanufactured agricultural or horticultural products may be
  142  incidentally used to haul farm implements and fertilizers
  143  delivered direct to the growers. The department may require any
  144  documentation deemed necessary to determine eligibility prior to
  145  issuance of this license plate. For the purpose of this
  146  paragraph, “not-for-hire” means the owner of the motor vehicle
  147  must also be the owner of the raw, unprocessed, and
  148  nonmanufactured agricultural or horticultural product, or the
  149  user of the farm implements and fertilizer being delivered.
  150         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  151  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  152         (a)1. A semitrailer drawn by a GVW truck tractor by means
  153  of a fifth-wheel arrangement: $10 $13.50 flat per registration
  154  year or any part thereof, of which $3.50 shall be deposited into
  155  the General Revenue Fund.
  156         2. A semitrailer drawn by a GVW truck tractor by means of a
  157  fifth-wheel arrangement: $50 $68 flat per permanent
  158  registration, of which $18 shall be deposited into the General
  159  Revenue Fund.
  160         (b) A motor vehicle equipped with machinery and designed
  161  for the exclusive purpose of well drilling, excavation,
  162  construction, spraying, or similar activity, and which is not
  163  designed or used to transport loads other than the machinery
  164  described above over public roads: $32.50 $44 flat, of which
  165  $11.50 shall be deposited into the General Revenue Fund.
  166         (c) A school bus used exclusively to transport pupils to
  167  and from school or school or church activities or functions
  168  within their own county: $30 $41 flat, of which $11 shall be
  169  deposited into the General Revenue Fund.
  170         (d) A wrecker, as defined in s. 320.01(40), which is used
  171  to tow a vessel as defined in s. 327.02(39), a disabled,
  172  abandoned, stolen-recovered, or impounded motor vehicle as
  173  defined in s. 320.01(38), or a replacement motor vehicle as
  174  defined in s. 320.01(39): $30 $41 flat, of which $11 shall be
  175  deposited into the General Revenue Fund.
  176         (e) A wrecker that is used to tow any motor vehicle,
  177  regardless of whether such motor vehicle is a disabled motor
  178  vehicle, a replacement motor vehicle, a vessel, or any other
  179  cargo, as follows:
  180         1. Gross vehicle weight of 10,000 pounds or more, but less
  181  than 15,000 pounds: $87 $118 flat, of which $31 shall be
  182  deposited into the General Revenue Fund.
  183         2. Gross vehicle weight of 15,000 pounds or more, but less
  184  than 20,000 pounds:$131 $177 flat, of which $46 shall be
  185  deposited into the General Revenue Fund.
  186         3. Gross vehicle weight of 20,000 pounds or more, but less
  187  than 26,000 pounds: $186 $251 flat, of which $65 shall be
  188  deposited into the General Revenue Fund.
  189         4. Gross vehicle weight of 26,000 pounds or more, but less
  190  than 35,000 pounds: $240 $324 flat, of which $84 shall be
  191  deposited into the General Revenue Fund.
  192         5. Gross vehicle weight of 35,000 pounds or more, but less
  193  than 44,000 pounds: $300 $405 flat, of which $105 shall be
  194  deposited into the General Revenue Fund.
  195         6. Gross vehicle weight of 44,000 pounds or more, but less
  196  than 55,000 pounds: $572 $772 flat, of which $200 shall be
  197  deposited into the General Revenue Fund.
  198         7. Gross vehicle weight of 55,000 pounds or more, but less
  199  than 62,000 pounds: $678 $915 flat, of which $237 shall be
  200  deposited into the General Revenue Fund.
  201         8. Gross vehicle weight of 62,000 pounds or more, but less
  202  than 72,000 pounds: $800 $1,080 flat, of which $280 shall be
  203  deposited into the General Revenue Fund.
  204         9. Gross vehicle weight of 72,000 pounds or more: $979
  205  $1,322 flat, of which $343 shall be deposited into the General
  206  Revenue Fund.
  207         (f) A hearse or ambulance: $30 $40.50 flat, of which $10.50
  208  shall be deposited into the General Revenue Fund.
  209         (6) MOTOR VEHICLES FOR HIRE.—
  210         (a) Under nine passengers: $12.50 $17 flat, of which $4.50
  211  shall be deposited into the General Revenue Fund; plus $1 $1.50
  212  per cwt, of which 50 cents shall be deposited into the General
  213  Revenue Fund.
  214         (b) Nine passengers and over: $12.50 $17 flat, of which
  215  $4.50 shall be deposited into the General Revenue Fund; plus
  216  $1.50 $2 per cwt, of which 50 cents shall be deposited into the
  217  General Revenue Fund.
  218         (7) TRAILERS FOR PRIVATE USE.—
  219         (a) Any trailer weighing 500 pounds or less: $5 $6.75 flat
  220  per year or any part thereof, of which $1.75 shall be deposited
  221  into the General Revenue Fund.
  222         (b) Net weight over 500 pounds: $2.50 $3.50 flat, of which
  223  $1 shall be deposited into the General Revenue Fund; plus 75
  224  cents $1 per cwt, of which 25 cents shall be deposited into the
  225  General Revenue Fund.
  226         (8) TRAILERS FOR HIRE.—
  227         (a) Net weight under 2,000 pounds: $2.50 $3.50 flat, of
  228  which $1 shall be deposited into the General Revenue Fund; plus
  229  $1 $1.50 per cwt, of which 50 cents shall be deposited into the
  230  General Revenue Fund.
  231         (b) Net weight 2,000 pounds or more: $10 $13.50 flat, of
  232  which $3.50 shall be deposited into the General Revenue Fund;
  233  plus $1 $1.50 per cwt, of which 50 cents shall be deposited into
  234  the General Revenue Fund.
  235         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
  236         (a) A travel trailer or fifth-wheel trailer, as defined by
  237  s. 320.01(1)(b), which that does not exceed 35 feet in length:
  238  $20 $27 flat, of which $7 shall be deposited into the General
  239  Revenue Fund.
  240         (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10
  241  $13.50 flat, of which $3.50 shall be deposited into the General
  242  Revenue Fund.
  243         (c) A motor home, as defined by s. 320.01(1)(b)4.:
  244         1. Net weight of less than 4,500 pounds: $20 $27 flat, of
  245  which $7 shall be deposited into the General Revenue Fund.
  246         2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
  247  which $12.25 shall be deposited into the General Revenue Fund.
  248         (d) A truck camper as defined by s. 320.01(1)(b)3.:
  249         1. Net weight of less than 4,500 pounds: $20 $27 flat, of
  250  which $7 shall be deposited into the General Revenue Fund.
  251         2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
  252  which $12.25 shall be deposited into the General Revenue Fund.
  253         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
  254         1. Net weight of less than 4,500 pounds: $20 $27 flat, of
  255  which $7 shall be deposited into the General Revenue Fund.
  256         2. Net weight of 4,500 pounds or more: $35 $47.25 flat, of
  257  which $12.25 shall be deposited into the General Revenue Fund.
  258         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
  259  35 FEET TO 40 FEET.—
  260         (a) Park trailers.—Any park trailer, as defined in s.
  261  320.01(1)(b)7.: $25 flat.
  262         (b) A travel trailer or fifth-wheel trailer, as defined in
  263  s. 320.01(1)(b), which that exceeds 35 feet: $25 flat.
  264         (11) MOBILE HOMES.—
  265         (a) A mobile home not exceeding 35 feet in length: $20
  266  flat.
  267         (b) A mobile home over 35 feet in length, but not exceeding
  268  40 feet: $25 flat.
  269         (c) A mobile home over 40 feet in length, but not exceeding
  270  45 feet: $30 flat.
  271         (d) A mobile home over 45 feet in length, but not exceeding
  272  50 feet: $35 flat.
  273         (e) A mobile home over 50 feet in length, but not exceeding
  274  55 feet: $40 flat.
  275         (f) A mobile home over 55 feet in length, but not exceeding
  276  60 feet: $45 flat.
  277         (g) A mobile home over 60 feet in length, but not exceeding
  278  65 feet: $50 flat.
  279         (h) A mobile home over 65 feet in length: $80 flat.
  280         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  281  motor vehicle dealer, independent motor vehicle dealer, marine
  282  boat trailer dealer, or mobile home dealer and manufacturer
  283  license plate: $12.50 $17 flat, of which $4.50 shall be
  284  deposited into the General Revenue Fund.
  285         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
  286  official license plate: $3 $4 flat, of which $1 shall be
  287  deposited into the General Revenue Fund.
  288         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
  289  vehicle for hire operated wholly within a city or within 25
  290  miles thereof: $12.50 $17 flat, of which $4.50 shall be
  291  deposited into the General Revenue Fund; plus $1.50 $2 per cwt,
  292  of which 50 cents shall be deposited into the General Revenue
  293  Fund.
  294         (15) TRANSPORTER.—Any transporter license plate issued to a
  295  transporter pursuant to s. 320.133: $75 $101.25 flat, of which
  296  $26.25 shall be deposited into the General Revenue Fund.
  297         Section 2. Subsections (1), (8), and (9) of section 322.21,
  298  Florida Statutes, are amended to read:
  299         322.21 License fees; procedure for handling and collecting
  300  fees.—
  301         (1) Except as otherwise provided herein, the fee for:
  302         (a) An original or renewal commercial driver’s license is
  303  $67 $75, which shall include the fee for driver education
  304  provided by s. 1003.48. However, if an applicant has completed
  305  training and is applying for employment or is currently employed
  306  in a public or nonpublic school system that requires the
  307  commercial license, the fee is the same as for a Class E
  308  driver’s license. A delinquent fee of $1 $15 shall be added for
  309  a renewal within 12 months after the license expiration date.
  310         (b) An original Class E driver’s license is $27 $48, which
  311  includes the fee for driver’s education provided by s. 1003.48.
  312  However, if an applicant has completed training and is applying
  313  for employment or is currently employed in a public or nonpublic
  314  school system that requires a commercial driver license, the fee
  315  is the same as for a Class E license.
  316         (c) The renewal or extension of a Class E driver’s license
  317  or of a license restricted to motorcycle use only is $20 $48,
  318  except that a delinquent fee of $1 $15 shall be added for a
  319  renewal or extension made within 12 months after the license
  320  expiration date. The fee provided in this paragraph includes the
  321  fee for driver’s education provided by s. 1003.48.
  322         (d) An original driver’s license restricted to motorcycle
  323  use only is $27 $48, which includes the fee for driver’s
  324  education provided by s. 1003.48.
  325         (e) A replacement driver’s license issued pursuant to s.
  326  322.17 is $10 $25. Of this amount $7 shall be deposited into the
  327  Highway Safety Operating Trust Fund and $3 $18 shall be
  328  deposited into the General Revenue Fund.
  329         (f) An original, renewal, or replacement identification
  330  card issued pursuant to s. 322.051 is $10 $25. Funds collected
  331  from these fees shall be distributed as follows:
  332         1. For an original identification card issued pursuant to
  333  s. 322.051 the fee is $10 $25. This amount shall be deposited
  334  into the General Revenue Fund.
  335         2. For a renewal identification card issued pursuant to s.
  336  322.051 the fee is $10 $25. Of this amount, $6 shall be
  337  deposited into the Highway Safety Operating Trust Fund and $4
  338  $19 shall be deposited into the General Revenue Fund.
  339         3. For a replacement identification card issued pursuant to
  340  s. 322.051 the fee is $10 $25. Of this amount, $9 shall be
  341  deposited into the Highway Safety Operating Trust Fund and $1
  342  $16 shall be deposited into the General Revenue Fund.
  343         (g) Each endorsement required by s. 322.57 is $7.
  344         (h) A hazardous-materials endorsement, as required by s.
  345  322.57(1)(d), shall be set by the department by rule and must
  346  reflect the cost of the required criminal history check,
  347  including the cost of the state and federal fingerprint check,
  348  and the cost to the department of providing and issuing the
  349  license. The fee shall not exceed $100. This fee shall be
  350  deposited in the Highway Safety Operating Trust Fund. The
  351  department may adopt rules to administer this section.
  352         (8) Any person who applies for reinstatement following the
  353  suspension or revocation of the person’s driver’s license must
  354  pay a service fee of $35 $45 following a suspension, and $60 $75
  355  following a revocation, which is in addition to the fee for a
  356  license. Any person who applies for reinstatement of a
  357  commercial driver’s license following the disqualification of
  358  the person’s privilege to operate a commercial motor vehicle
  359  shall pay a service fee of $60 $75, which is in addition to the
  360  fee for a license. The department shall collect all of these
  361  fees at the time of reinstatement. The department shall issue
  362  proper receipts for such fees and shall promptly transmit all
  363  funds received by it as follows:
  364         (a) Of the $35 $45 fee received from a licensee for
  365  reinstatement following a suspension, the department shall
  366  deposit $15 in the General Revenue Fund and $20 $30 in the
  367  Highway Safety Operating Trust Fund.
  368         (b) Of the $60 $75 fee received from a licensee for
  369  reinstatement following a revocation or disqualification, the
  370  department shall deposit $35 in the General Revenue Fund and $25
  371  $40 in the Highway Safety Operating Trust Fund.
  372         (9)An applicant:
  373         (a)Requesting a review authorized in s. 322.222, s.
  374  322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
  375  fee of $25 to be deposited into the Highway Safety Operating
  376  Trust Fund.
  377         (b)Petitioning the department for a hearing authorized in
  378  s. 322.271 must pay a filing fee of $12 to be deposited into the
  379  Highway Safety Operating Trust Fund.
  380  
  381  If the revocation or suspension of the driver’s license was for
  382  a violation of s. 316.193, or for refusal to submit to a lawful
  383  breath, blood, or urine test, an additional fee of $115 $130
  384  must be charged. However, only one $115 $130 fee may be
  385  collected from one person convicted of violations arising out of
  386  the same incident. The department shall collect the $130 fee and
  387  deposit the fee into the Highway Safety Operating Trust Fund at
  388  the time of reinstatement of the person’s driver’s license, but
  389  the fee may not be collected if the suspension or revocation is
  390  overturned. If the revocation or suspension of the driver’s
  391  license was for a conviction for a violation of s. 817.234(8) or
  392  (9) or s. 817.505, an additional fee of $180 is imposed for each
  393  offense. The department shall collect and deposit the additional
  394  fee into the Highway Safety Operating Trust Fund at the time of
  395  reinstatement of the person’s driver’s license.
  396         Section 3. This act shall take effect July 1, 2010.