Bill Text: FL S2036 | 2010 | Regular Session | Comm Sub
Bill Title: Motor Vehicle Operation Fees [WPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-04-30 - Died in Committee on Transportation and Economic Development Appropriations [S2036 Detail]
Download: Florida-2010-S2036-Comm_Sub.html
Florida Senate - 2010 CS for SB 2036 By the Committee on Finance and Tax; and Senators Gaetz and Thrasher 593-04954-10 20102036c1 1 A bill to be entitled 2 An act relating to fees related to the operation of 3 motor vehicles; amending s. 320.04, F.S.; revising the 4 service charge for each application that is handled in 5 connection with the original issuance, duplicate 6 issuance, or transfer of any license plate, mobile 7 home sticker, or validation sticker or with the 8 transfer or duplicate issuance of a registration 9 certificate; deleting a provision requiring that a 10 portion of the charge be deposited into the General 11 Revenue Fund; amending s. 320.08, F.S.; decreasing the 12 annual license taxes for the operation of certain 13 vehicles; amending s. 320.08046, F.S.; revising the 14 amount of the surcharge that is levied on each license 15 tax; revising the amount of the surcharge that is 16 deposited into the General Revenue Fund; amending s. 17 320.203, F.S.; providing for certain registrants who 18 paid biennial fees to receive a credit that is funded 19 through the General Revenue Fund; providing for future 20 expiration; amending s. 322.21, F.S.; decreasing 21 certain driver’s license fees; deleting fees for 22 requesting a review or hearing related to the 23 cancellation of a driver’s license; providing an 24 effective date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Paragraph (a) of subsection (1) of section 29 320.04, Florida Statutes, is amended to read: 30 320.04 Registration service charge.— 31 (1)(a) There shall be a service charge of $2.50$5for each 32 application thatwhichis handled in connection with original 33 issuance, duplicate issuance, or transfer of any license plate, 34 mobile home sticker, or validation sticker or with transfer or 35 duplicate issuance of any registration certificate.Of that36amount, $2.50 shall be deposited into the General Revenue Fund,37and the remainder shall be retained by the department or by the38tax collector, as the case may be, as other fees accruing to39those offices.40 Section 2. Section 320.08, Florida Statutes, is amended to 41 read: 42 320.08 License taxes.—Except as otherwise provided herein, 43 there are hereby levied and imposed annual license taxes for the 44 operation of motor vehicles, mopeds, motorized bicycles as 45 defined in s. 316.003(2), and mobile homes, as defined in s. 46 320.01, which shall be paid to and collected by the department 47 or its agent upon the registration or renewal of registration of 48 the following: 49 (1) MOTORCYCLES AND MOPEDS.— 50 (a) Any motorcycle: $10$13.50flat, of which $3.50 shall51be deposited into the General Revenue Fund. 52 (b) Any moped: $5$6.75flat, of which $1.75 shall be53deposited into the General Revenue Fund. 54 (c) Upon registration of any motorcycle, motor-driven 55 cycle, or moped there shall be paid in addition to the license 56 taxes specified in this subsection a nonrefundable motorcycle 57 safety education fee in the amount of $2.50. The proceeds of 58 such additional fee shall be deposited in the Highway Safety 59 Operating Trust Fund to fund a motorcycle driver improvement 60 program implemented pursuant to s. 322.025, the Florida 61 Motorcycle Safety Education Program established in s. 322.0255, 62 or the general operations of the department. 63 (d) An ancient or antique motorcycle: $10$13.50flat, of64which $3.50 shall be deposited into the General Revenue Fund. 65 (2) AUTOMOBILES FOR PRIVATE USE.— 66 (a) An ancient or antique automobile, as defined in s. 67 320.086, or a street rod, as defined in s. 320.0863: $7.50 68$10.25flat, of which $2.75 shall be deposited into the General69Revenue Fund. 70 (b) Net weight of less than 2,500 pounds: $14.50$19.5071 flat, of which $5 shall be deposited into the General Revenue72Fund. 73 (c) Net weight of 2,500 pounds or more, but less than 3,500 74 pounds: $22.50$30.50flat, of which $8 shall be deposited into75the General Revenue Fund. 76 (d) Net weight of 3,500 pounds or more: $32.50$44flat, of77which $11.50 shall be deposited into the General Revenue Fund. 78 (3) TRUCKS.— 79 (a) Net weight of less than 2,000 pounds: $14.50$19.5080 flat, of which $5 shall be deposited into the General Revenue81Fund. 82 (b) Net weight of 2,000 pounds or more, but not more than 83 3,000 pounds: $22.50$30.50flat, of which $8 shall be deposited84into the General Revenue Fund. 85 (c) Net weight more than 3,000 pounds, but not more than 86 5,000 pounds: $32.50$44flat, of which $11.50 shall be87deposited into the General Revenue Fund. 88 (d) A truck defined as a “goat,” or any other vehicle if 89 used in the field by a farmer or in the woods for the purpose of 90 harvesting a crop, including naval stores, during such 91 harvesting operations, and which is not principally operated 92 upon the roads of the state: $7.50$10.25flat, of which $2.7593shall be deposited into the General Revenue Fund. A “goat” is a 94 motor vehicle designed, constructed, and used principally for 95 the transportation of citrus fruit within citrus groves or for 96 the transportation of crops on farms, and which can also be used 97 for the hauling of associated equipment or supplies, including 98 required sanitary equipment, and the towing of farm trailers. 99 (e) An ancient or antique truck, as defined in s. 320.086: 100 $7.50$10.25flat, of which $2.75 shall be deposited into the101General Revenue Fund. 102 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS 103 VEHICLE WEIGHT.— 104 (a) Gross vehicle weight of 5,001 pounds or more, but less 105 than 6,000 pounds: $45$60.75flat, of which $15.75 shall be106deposited into the General Revenue Fund. 107 (b) Gross vehicle weight of 6,000 pounds or more, but less 108 than 8,000 pounds: $65$87.75flat, of which $22.75 shall be109deposited into the General Revenue Fund. 110 (c) Gross vehicle weight of 8,000 pounds or more, but less 111 than 10,000 pounds: $76$103flat, of which $27 shall be112deposited into the General Revenue Fund. 113 (d) Gross vehicle weight of 10,000 pounds or more, but less 114 than 15,000 pounds: $87$118flat, of which $31 shall be115deposited into the General Revenue Fund. 116 (e) Gross vehicle weight of 15,000 pounds or more, but less 117 than 20,000 pounds: $131$177flat, of which $46 shall be118deposited into the General Revenue Fund. 119 (f) Gross vehicle weight of 20,000 pounds or more, but less 120 than 26,001 pounds: $186$251flat, of which $65 shall be121deposited into the General Revenue Fund. 122 (g) Gross vehicle weight of 26,001 pounds or more, but less 123 than 35,000: $240$324flat, of which $84 shall be deposited124into the General Revenue Fund. 125 (h) Gross vehicle weight of 35,000 pounds or more, but less 126 than 44,000 pounds: $300$405flat, of which $105 shall be127deposited into the General Revenue Fund. 128 (i) Gross vehicle weight of 44,000 pounds or more, but less 129 than 55,000 pounds: $572$773flat, of which $201 shall be130deposited into the General Revenue Fund. 131 (j) Gross vehicle weight of 55,000 pounds or more, but less 132 than 62,000 pounds: $678$916flat, of which $238 shall be133deposited into the General Revenue Fund. 134 (k) Gross vehicle weight of 62,000 pounds or more, but less 135 than 72,000 pounds: $800$1,080flat, of which $280 shall be136deposited into the General Revenue Fund. 137 (l) Gross vehicle weight of 72,000 pounds or more: $979 138$1,322flat, of which $343 shall be deposited into the General139Revenue Fund. 140 (m) Notwithstanding the declared gross vehicle weight, a 141 truck tractor used within a 150-mile radius of its home address 142 is eligible for a license plate for a fee of $240$324flat if: 143 1. The truck tractor is used exclusively for hauling 144 forestry products; or 145 2. The truck tractor is used primarily for the hauling of 146 forestry products, and is also used for the hauling of 147 associated forestry harvesting equipment used by the owner of 148 the truck tractor. 149 150Of the fee imposed by this paragraph, $84 shall be deposited151into the General Revenue Fund.152 (n) A truck tractor or heavy truck, not operated as a for 153 hire vehicle, which is engaged exclusively in transporting raw, 154 unprocessed, and nonmanufactured agricultural or horticultural 155 products within a 150-mile radius of its home address, is 156 eligible for a restricted license plate for a fee of: 157 1. If such vehicle’s declared gross vehicle weight is less 158 than 44,000 pounds,$65$87.75flat, of which $22.75 shall be159deposited into the General Revenue Fund. 160 2. If such vehicle’s declared gross vehicle weight is 161 44,000 pounds or more and such vehicle only transports from the 162 point of production to the point of primary manufacture; to the 163 point of assembling the same; or to a shipping point of a rail, 164 water, or motor transportation company, $240$324flat, of which165$84 shall be deposited into the General Revenue Fund. 166 167 Such not-for-hire truck tractors and heavy trucks used 168 exclusively in transporting raw, unprocessed, and 169 nonmanufactured agricultural or horticultural products may be 170 incidentally used to haul farm implements and fertilizers 171 delivered direct to the growers. The department may require any 172 documentation deemed necessary to determine eligibility prior to 173 issuance of this license plate. For the purpose of this 174 paragraph, “not-for-hire” means the owner of the motor vehicle 175 must also be the owner of the raw, unprocessed, and 176 nonmanufactured agricultural or horticultural product, or the 177 user of the farm implements and fertilizer being delivered. 178 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; 179 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.— 180 (a)1. A semitrailer drawn by a GVW truck tractor by means 181 of a fifth-wheel arrangement: $10$13.50flat per registration 182 year or any part thereof, of which $3.50 shall be deposited into183the General Revenue Fund. 184 2. A semitrailer drawn by a GVW truck tractor by means of a 185 fifth-wheel arrangement: $50$68flat per permanent 186 registration, of which $18 shall be deposited into the General187Revenue Fund. 188 (b) A motor vehicle equipped with machinery and designed 189 for the exclusive purpose of well drilling, excavation, 190 construction, spraying, or similar activity, and which is not 191 designed or used to transport loads other than the machinery 192 described above over public roads: $32.50$44flat, of which193$11.50 shall be deposited into the General Revenue Fund. 194 (c) A school bus used exclusively to transport pupils to 195 and from school or school or church activities or functions 196 within their own county: $30$41flat, of which $11 shall be197deposited into the General Revenue Fund. 198 (d) A wrecker, as defined in s. 320.01(40), which is used 199 to tow a vessel as defined in s. 327.02(39), a disabled, 200 abandoned, stolen-recovered, or impounded motor vehicle as 201 defined in s. 320.01(38), or a replacement motor vehicle as 202 defined in s. 320.01(39): $30$41flat, of which $11 shall be203deposited into the General Revenue Fund. 204 (e) A wrecker that is used to tow any motor vehicle, 205 regardless of whether such motor vehicle is a disabled motor 206 vehicle, a replacement motor vehicle, a vessel, or any other 207 cargo, as follows: 208 1. Gross vehicle weight of 10,000 pounds or more, but less 209 than 15,000 pounds: $87$118flat, of which $31 shall be210deposited into the General Revenue Fund. 211 2. Gross vehicle weight of 15,000 pounds or more, but less 212 than 20,000 pounds:$131$177flat, of which $46 shall be213deposited into the General Revenue Fund. 214 3. Gross vehicle weight of 20,000 pounds or more, but less 215 than 26,000 pounds: $186$251flat, of which $65 shall be216deposited into the General Revenue Fund. 217 4. Gross vehicle weight of 26,000 pounds or more, but less 218 than 35,000 pounds: $240$324flat, of which $84 shall be219deposited into the General Revenue Fund. 220 5. Gross vehicle weight of 35,000 pounds or more, but less 221 than 44,000 pounds: $300$405flat, of which $105 shall be222deposited into the General Revenue Fund. 223 6. Gross vehicle weight of 44,000 pounds or more, but less 224 than 55,000 pounds: $572$772flat, of which $200 shall be225deposited into the General Revenue Fund. 226 7. Gross vehicle weight of 55,000 pounds or more, but less 227 than 62,000 pounds: $678$915flat, of which $237 shall be228deposited into the General Revenue Fund. 229 8. Gross vehicle weight of 62,000 pounds or more, but less 230 than 72,000 pounds: $800$1,080flat, of which $280 shall be231deposited into the General Revenue Fund. 232 9. Gross vehicle weight of 72,000 pounds or more: $979 233$1,322flat, of which $343 shall be deposited into the General234Revenue Fund. 235 (f) A hearse or ambulance: $30$40.50flat, of which $10.50236shall be deposited into the General Revenue Fund. 237 (6) MOTOR VEHICLES FOR HIRE.— 238 (a) Under nine passengers: $12.50$17flat, of which $4.50239shall be deposited into the General Revenue Fund;plus $1$1.50240 per cwt, of which 50 cents shall be deposited into the General241Revenue Fund. 242 (b) Nine passengers and over: $12.50$17flat, of which243$4.50 shall be deposited into the General Revenue Fund;plus 244 $1.50$2per cwt, of which 50 cents shall be deposited into the245General Revenue Fund. 246 (7) TRAILERS FOR PRIVATE USE.— 247 (a) Any trailer weighing 500 pounds or less: $5$6.75flat 248 per year or any part thereof, of which $1.75 shall be deposited249into the General Revenue Fund. 250 (b) Net weight over 500 pounds: $2.50$3.50flat, of which251$1 shall be deposited into the General Revenue Fund;plus 75 252 cents$1per cwt, of which 25 cents shall be deposited into the253General Revenue Fund. 254 (8) TRAILERS FOR HIRE.— 255 (a) Net weight under 2,000 pounds: $2.50$3.50flat, of256which $1 shall be deposited into the General Revenue Fund;plus 257 $1$1.50per cwt, of which 50 cents shall be deposited into the258General Revenue Fund. 259 (b) Net weight 2,000 pounds or more: $10$13.50flat, of260which $3.50 shall be deposited into the General Revenue Fund;261 plus $1$1.50per cwt, of which 50 cents shall be deposited into262the General Revenue Fund. 263 (9) RECREATIONAL VEHICLE-TYPE UNITS.— 264 (a) A travel trailer or fifth-wheel trailer, as defined by 265 s. 320.01(1)(b), whichthatdoes not exceed 35 feet in length: 266 $20$27flat, of which $7 shall be deposited into the General267Revenue Fund. 268 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: $10 269$13.50flat, of which $3.50 shall be deposited into the General270Revenue Fund. 271 (c) A motor home, as defined by s. 320.01(1)(b)4.: 272 1. Net weight of less than 4,500 pounds: $20$27flat, of273which $7 shall be deposited into the General Revenue Fund. 274 2. Net weight of 4,500 pounds or more: $35$47.25flat, of275which $12.25 shall be deposited into the General Revenue Fund. 276 (d) A truck camper as defined by s. 320.01(1)(b)3.: 277 1. Net weight of less than 4,500 pounds: $20$27flat, of278which $7 shall be deposited into the General Revenue Fund. 279 2. Net weight of 4,500 pounds or more: $35$47.25flat, of280which $12.25 shall be deposited into the General Revenue Fund. 281 (e) A private motor coach as defined by s. 320.01(1)(b)5.: 282 1. Net weight of less than 4,500 pounds: $20$27flat, of283which $7 shall be deposited into the General Revenue Fund. 284 2. Net weight of 4,500 pounds or more: $35$47.25flat, of285which $12.25 shall be deposited into the General Revenue Fund. 286 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS; 287 35 FEET TO 40 FEET.— 288 (a) Park trailers.—Any park trailer, as defined in s. 289 320.01(1)(b)7.: $25 flat. 290 (b) A travel trailer or fifth-wheel trailer, as defined in 291 s. 320.01(1)(b), whichthatexceeds 35 feet: $25 flat. 292 (11) MOBILE HOMES.— 293 (a) A mobile home not exceeding 35 feet in length: $20 294 flat. 295 (b) A mobile home over 35 feet in length, but not exceeding 296 40 feet: $25 flat. 297 (c) A mobile home over 40 feet in length, but not exceeding 298 45 feet: $30 flat. 299 (d) A mobile home over 45 feet in length, but not exceeding 300 50 feet: $35 flat. 301 (e) A mobile home over 50 feet in length, but not exceeding 302 55 feet: $40 flat. 303 (f) A mobile home over 55 feet in length, but not exceeding 304 60 feet: $45 flat. 305 (g) A mobile home over 60 feet in length, but not exceeding 306 65 feet: $50 flat. 307 (h) A mobile home over 65 feet in length: $80 flat. 308 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised 309 motor vehicle dealer, independent motor vehicle dealer, marine 310 boat trailer dealer, or mobile home dealer and manufacturer 311 license plate: $12.50$17flat, of which $4.50 shall be312deposited into the General Revenue Fund. 313 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or 314 official license plate: $3$4flat, of which $1 shall be315deposited into the General Revenue Fund. 316 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor 317 vehicle for hire operated wholly within a city or within 25 318 miles thereof: $12.50$17flat, of which $4.50 shall be319deposited into the General Revenue Fund;plus $1.50$2per cwt,320of which 50 cents shall be deposited into the General Revenue321Fund. 322 (15) TRANSPORTER.—Any transporter license plate issued to a 323 transporter pursuant to s. 320.133: $75$101.25flat, of which324$26.25 shall be deposited into the General Revenue Fund. 325 Section 3. Section 320.08046, Florida Statutes, is amended 326 to read: 327 320.08046 Surcharge on license tax.—There is levied on each 328 license tax imposed under s. 320.08, except those set forth in 329 s. 320.08(11), a surcharge in the amount of $2$5.50, which 330 shall be collected in the same manner as the license tax. Of the 331 proceeds of each license tax surcharge, $1$4.50shall be 332 deposited into the General Revenue Fund and $1 shall be 333 deposited into the Grants and Donations Trust Fund in the 334 Department of Juvenile Justice to fund the juvenile crime 335 prevention programs and the community juvenile justice 336 partnership grants program. 337 Section 4. Subsection (3) is added to section 320.203, 338 Florida Statutes, to read: 339 320.203 Disposition of biennial license tax moneys.— 340 (3) Any registrant who was assessed biennial fees pursuant 341 to chapter 2009-71, Laws of Florida, between September 1, 2009, 342 and August 31, 2010, shall receive a $6 credit for each 343 registration, which shall be applied to the next registration 344 period. This credit shall be deducted from moneys in the General 345 Revenue Fund. This subsection expires September 30, 2012. 346 Section 5. Subsections (1), (8), and (9) of section 322.21, 347 Florida Statutes, are amended to read: 348 322.21 License fees; procedure for handling and collecting 349 fees.— 350 (1) Except as otherwise provided herein, the fee for: 351 (a) An original or renewal commercial driver’s license is 352 $67$75, which shall include the fee for driver education 353 provided by s. 1003.48. However, if an applicant has completed 354 training and is applying for employment or is currently employed 355 in a public or nonpublic school system that requires the 356 commercial license, the fee is the same as for a Class E 357 driver’s license. A delinquent fee of $1$15shall be added for 358 a renewal within 12 months after the license expiration date. 359 (b) An original Class E driver’s license is $27$48, which 360 includes the fee for driver’s education provided by s. 1003.48. 361 However, if an applicant has completed training and is applying 362 for employment or is currently employed in a public or nonpublic 363 school system that requires a commercial driver license, the fee 364 is the same as for a Class E license. 365 (c) The renewal or extension of a Class E driver’s license 366 or of a license restricted to motorcycle use only is $20$48, 367 except that a delinquent fee of $1$15shall be added for a 368 renewal or extension made within 12 months after the license 369 expiration date. The fee provided in this paragraph includes the 370 fee for driver’s education provided by s. 1003.48. 371 (d) An original driver’s license restricted to motorcycle 372 use only is $27$48, which includes the fee for driver’s 373 education provided by s. 1003.48. 374 (e) A replacement driver’s license issued pursuant to s. 375 322.17 is $10$25. Of this amount $7 shall be deposited into the 376 Highway Safety Operating Trust Fund and $3$18shall be 377 deposited into the General Revenue Fund. 378 (f) An original, renewal, or replacement identification 379 card issued pursuant to s. 322.051 is $10$25. Funds collected 380 from these fees shall be distributed as follows: 381 1. For an original identification card issued pursuant to 382 s. 322.051 the fee is $10$25. This amount shall be deposited 383 into the General Revenue Fund. 384 2. For a renewal identification card issued pursuant to s. 385 322.051 the fee is $10$25. Of this amount, $6 shall be 386 deposited into the Highway Safety Operating Trust Fund and $4 387$19shall be deposited into the General Revenue Fund. 388 3. For a replacement identification card issued pursuant to 389 s. 322.051 the fee is $10$25. Of this amount, $9 shall be 390 deposited into the Highway Safety Operating Trust Fund and $1 391$16shall be deposited into the General Revenue Fund. 392 (g) Each endorsement required by s. 322.57 is $7. 393 (h) A hazardous-materials endorsement, as required by s. 394 322.57(1)(d), shall be set by the department by rule and must 395 reflect the cost of the required criminal history check, 396 including the cost of the state and federal fingerprint check, 397 and the cost to the department of providing and issuing the 398 license. The fee shall not exceed $100. This fee shall be 399 deposited in the Highway Safety Operating Trust Fund. The 400 department may adopt rules to administer this section. 401 (8) Any person who applies for reinstatement following the 402 suspension or revocation of the person’s driver’s license must 403 pay a service fee of $35$45following a suspension, and $60$75404 following a revocation, which is in addition to the fee for a 405 license. Any person who applies for reinstatement of a 406 commercial driver’s license following the disqualification of 407 the person’s privilege to operate a commercial motor vehicle 408 shall pay a service fee of $60$75, which is in addition to the 409 fee for a license. The department shall collect all of these 410 fees at the time of reinstatement. The department shall issue 411 proper receipts for such fees and shall promptly transmit all 412 funds received by it as follows: 413 (a) Of the $35$45fee received from a licensee for 414 reinstatement following a suspension, the department shall 415 deposit $15 in the General Revenue Fund and $20$30in the 416 Highway Safety Operating Trust Fund. 417 (b) Of the $60$75fee received from a licensee for 418 reinstatement following a revocation or disqualification, the 419 department shall deposit $35 in the General Revenue Fund and $25 420$40in the Highway Safety Operating Trust Fund. 421(9)An applicant:422(a)Requesting a review authorized in s.322.222, s.423322.2615, s.322.2616, s.322.27, or s.322.64must pay a filing424fee of $25 to be deposited into the Highway Safety Operating425Trust Fund.426(b)Petitioning the department for a hearing authorized in427s.322.271must pay a filing fee of $12 to be deposited into the428Highway Safety Operating Trust Fund.429 430 If the revocation or suspension of the driver’s license was for 431 a violation of s. 316.193, or for refusal to submit to a lawful 432 breath, blood, or urine test, an additional fee of $115$130433 must be charged. However, only one $115$130fee may be 434 collected from one person convicted of violations arising out of 435 the same incident. The department shall collect the$130fee and 436 deposit the fee into the Highway Safety Operating Trust Fund at 437 the time of reinstatement of the person’s driver’s license, but 438 the fee may not be collected if the suspension or revocation is 439 overturned. If the revocation or suspension of the driver’s 440 license was for a conviction for a violation of s. 817.234(8) or 441 (9) or s. 817.505, an additional fee of $180 is imposed for each 442 offense. The department shall collect and deposit the additional 443 fee into the Highway Safety Operating Trust Fund at the time of 444 reinstatement of the person’s driver’s license. 445 Section 6. This act shall take effect July 1, 2010.