Florida Senate - 2023 SB 1406
By Senator Trumbull
2-01170-23 20231406__
1 A bill to be entitled
2 An act relating to fees; amending s. 320.08, F.S.;
3 imposing an annual license tax to be collected upon
4 registration or renewal of registration of a movable
5 tiny home; amending s. 320.772, F.S.; providing for
6 payment and disposition of fees relating to licensure
7 as a movable tiny home dealer; providing a contingent
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 320.08, Florida Statutes, as amended by
13 SB ___, 2023 Regular Session, is amended to 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, tri-vehicles as defined in
17 s. 316.003, and mobile homes as defined in s. 320.01(2)(a), and
18 movable tiny homes as defined in s. 320.01(46)(a) s. 320.01,
19 which shall be paid to and collected by the department or its
20 agent upon the registration or renewal of registration of the
21 following:
22 (1) MOTORCYCLES AND MOPEDS.—
23 (a) Any motorcycle: $10 flat.
24 (b) Any moped: $5 flat.
25 (c) Upon registration of a motorcycle, motor-driven cycle,
26 or moped, in addition to the license taxes specified in this
27 subsection, a nonrefundable motorcycle safety education fee in
28 the amount of $2.50 shall be paid. The proceeds of such
29 additional fee shall be deposited in the Highway Safety
30 Operating Trust Fund to fund a motorcycle driver improvement
31 program implemented pursuant to s. 322.025, the Florida
32 Motorcycle Safety Education Program established in s. 322.0255,
33 or the general operations of the department.
34 (d) An ancient or antique motorcycle: $7.50 flat.
35 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
36 (a) An ancient or antique automobile, as defined in s.
37 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
38 (b) Net weight of less than 2,500 pounds: $14.50 flat.
39 (c) Net weight of 2,500 pounds or more, but less than 3,500
40 pounds: $22.50 flat.
41 (d) Net weight of 3,500 pounds or more: $32.50 flat.
42 (3) TRUCKS.—
43 (a) Net weight of less than 2,000 pounds: $14.50 flat.
44 (b) Net weight of 2,000 pounds or more, but not more than
45 3,000 pounds: $22.50 flat.
46 (c) Net weight more than 3,000 pounds, but not more than
47 5,000 pounds: $32.50 flat.
48 (d) A truck defined as a “goat,” or other vehicle if used
49 in the field by a farmer or in the woods for the purpose of
50 harvesting a crop, including naval stores, during such
51 harvesting operations, and which is not principally operated
52 upon the roads of the state: $7.50 flat. The term “goat” means a
53 motor vehicle designed, constructed, and used principally for
54 the transportation of citrus fruit within citrus groves or for
55 the transportation of crops on farms, and which can also be used
56 for hauling associated equipment or supplies, including required
57 sanitary equipment, and the towing of farm trailers.
58 (e) An ancient or antique truck, as defined in s. 320.086:
59 $7.50 flat.
60 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
61 VEHICLE WEIGHT.—
62 (a) Gross vehicle weight of 5,001 pounds or more, but less
63 than 6,000 pounds: $60.75 flat.
64 (b) Gross vehicle weight of 6,000 pounds or more, but less
65 than 8,000 pounds: $87.75 flat.
66 (c) Gross vehicle weight of 8,000 pounds or more, but less
67 than 10,000 pounds: $103 flat.
68 (d) Gross vehicle weight of 10,000 pounds or more, but less
69 than 15,000 pounds: $118 flat.
70 (e) Gross vehicle weight of 15,000 pounds or more, but less
71 than 20,000 pounds: $177 flat.
72 (f) Gross vehicle weight of 20,000 pounds or more, but less
73 than 26,001 pounds: $251 flat.
74 (g) Gross vehicle weight of 26,001 pounds or more, but less
75 than 35,000: $324 flat.
76 (h) Gross vehicle weight of 35,000 pounds or more, but less
77 than 44,000 pounds: $405 flat.
78 (i) Gross vehicle weight of 44,000 pounds or more, but less
79 than 55,000 pounds: $773 flat.
80 (j) Gross vehicle weight of 55,000 pounds or more, but less
81 than 62,000 pounds: $916 flat.
82 (k) Gross vehicle weight of 62,000 pounds or more, but less
83 than 72,000 pounds: $1,080 flat.
84 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
85 flat.
86 (m) Notwithstanding the declared gross vehicle weight, a
87 truck tractor used within the state or within a 150-mile radius
88 of its home address is eligible for a license plate for a fee of
89 $324 flat if:
90 1. The truck tractor is used exclusively for hauling
91 forestry products; or
92 2. The truck tractor is used primarily for the hauling of
93 forestry products, and is also used for the hauling of
94 associated forestry harvesting equipment used by the owner of
95 the truck tractor.
96 (n) A truck tractor or heavy truck, not operated as a for
97 hire vehicle and which is engaged exclusively in transporting
98 raw, unprocessed, and nonmanufactured agricultural or
99 horticultural products within the state or within a 150-mile
100 radius of its home address is eligible for a restricted license
101 plate for a fee of:
102 1. If such vehicle’s declared gross vehicle weight is less
103 than 44,000 pounds, $87.75 flat.
104 2. If such vehicle’s declared gross vehicle weight is
105 44,000 pounds or more and such vehicle only transports from the
106 point of production to the point of primary manufacture; to the
107 point of assembling the same; or to a shipping point of a rail,
108 water, or motor transportation company, $324 flat.
109
110 Such not-for-hire truck tractors and heavy trucks used
111 exclusively in transporting raw, unprocessed, and
112 nonmanufactured agricultural or horticultural products may be
113 incidentally used to haul farm implements and fertilizers
114 delivered direct to the growers. The department may require any
115 documentation deemed necessary to determine eligibility before
116 issuance of this license plate. For the purpose of this
117 paragraph, “not-for-hire” means the owner of the motor vehicle
118 must also be the owner of the raw, unprocessed, and
119 nonmanufactured agricultural or horticultural product, or the
120 user of the farm implements and fertilizer being delivered.
121 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
122 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
123 (a)1. A semitrailer drawn by a GVW truck tractor by means
124 of a fifth-wheel arrangement: $13.50 flat per registration year
125 or any part thereof.
126 2. A semitrailer drawn by a GVW truck tractor by means of a
127 fifth-wheel arrangement: $68 flat per permanent registration.
128 (b) A motor vehicle equipped with machinery and designed
129 for the exclusive purpose of well drilling, excavation,
130 construction, spraying, or similar activity, and which is not
131 designed or used to transport loads other than the machinery
132 described above over public roads: $44 flat.
133 (c) A school bus used exclusively to transport pupils to
134 and from school or school or church activities or functions
135 within their own county: $41 flat.
136 (d) A wrecker, as defined in s. 320.01, which is used to
137 tow a vessel as defined in s. 327.02; a disabled, abandoned,
138 stolen-recovered, or impounded motor vehicle as defined in s.
139 320.01; or a replacement motor vehicle as defined in s. 320.01:
140 $41 flat.
141 (e) A wrecker that is used to tow any nondisabled motor
142 vehicle, a vessel, or any other cargo unless used as defined in
143 paragraph (d), as follows:
144 1. Gross vehicle weight of 10,000 pounds or more, but less
145 than 15,000 pounds: $118 flat.
146 2. Gross vehicle weight of 15,000 pounds or more, but less
147 than 20,000 pounds: $177 flat.
148 3. Gross vehicle weight of 20,000 pounds or more, but less
149 than 26,000 pounds: $251 flat.
150 4. Gross vehicle weight of 26,000 pounds or more, but less
151 than 35,000 pounds: $324 flat.
152 5. Gross vehicle weight of 35,000 pounds or more, but less
153 than 44,000 pounds: $405 flat.
154 6. Gross vehicle weight of 44,000 pounds or more, but less
155 than 55,000 pounds: $772 flat.
156 7. Gross vehicle weight of 55,000 pounds or more, but less
157 than 62,000 pounds: $915 flat.
158 8. Gross vehicle weight of 62,000 pounds or more, but less
159 than 72,000 pounds: $1,080 flat.
160 9. Gross vehicle weight of 72,000 pounds or more: $1,322
161 flat.
162 (f) A hearse or ambulance: $40.50 flat.
163 (6) MOTOR VEHICLES FOR HIRE.—
164 (a) Under nine passengers: $17 flat plus $1.50 per cwt.
165 (b) Nine passengers and over: $17 flat plus $2 per cwt.
166 (7) TRAILERS FOR PRIVATE USE.—
167 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
168 year or any part thereof.
169 (b) Net weight over 500 pounds: $3.50 flat plus $1 per cwt.
170 (8) TRAILERS FOR HIRE.—
171 (a) Net weight under 2,000 pounds: $3.50 flat plus $1.50
172 per cwt.
173 (b) Net weight 2,000 pounds or more: $13.50 flat plus $1.50
174 per cwt.
175 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
176 (a) A travel trailer or fifth-wheel trailer, as defined by
177 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
178 flat.
179 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
180 $13.50 flat.
181 (c) A motor home, as defined by s. 320.01(1)(b)4.:
182 1. Net weight of less than 4,500 pounds: $27 flat.
183 2. Net weight of 4,500 pounds or more: $47.25 flat.
184 (d) A truck camper as defined by s. 320.01(1)(b)3.:
185 1. Net weight of less than 4,500 pounds: $27 flat.
186 2. Net weight of 4,500 pounds or more: $47.25 flat.
187 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
188 1. Net weight of less than 4,500 pounds: $27 flat.
189 2. Net weight of 4,500 pounds or more: $47.25 flat.
190 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
191 35 FEET TO 40 FEET.—
192 (a) Park trailers.—Any park trailer, as defined in s.
193 320.01(1)(b)7.: $25 flat.
194 (b) Travel trailers or fifth-wheel trailers.—A travel
195 trailer or fifth-wheel trailer, as defined in s. 320.01(1)(b),
196 that exceeds 35 feet: $25 flat.
197 (11) MOBILE HOMES.—
198 (a) A mobile home not exceeding 35 feet in length: $20
199 flat.
200 (b) A mobile home over 35 feet in length, but not exceeding
201 40 feet: $25 flat.
202 (c) A mobile home over 40 feet in length, but not exceeding
203 45 feet: $30 flat.
204 (d) A mobile home over 45 feet in length, but not exceeding
205 50 feet: $35 flat.
206 (e) A mobile home over 50 feet in length, but not exceeding
207 55 feet: $40 flat.
208 (f) A mobile home over 55 feet in length, but not exceeding
209 60 feet: $45 flat.
210 (g) A mobile home over 60 feet in length, but not exceeding
211 65 feet: $50 flat.
212 (h) A mobile home over 65 feet in length: $80 flat.
213 (12) MOVABLE TINY HOMES.—
214 (a) A movable tiny home not exceeding 35 feet in length:
215 $20 flat.
216 (b) A movable tiny home over 35 feet in length, but not
217 exceeding 55 feet: $35 flat.
218 (c) A movable tiny home over 55 feet in length: $45 flat.
219 (13)(12) DEALER AND MANUFACTURER LICENSE PLATES.—A
220 franchised motor vehicle dealer, independent motor vehicle
221 dealer, marine boat trailer dealer, mobile home dealer and
222 manufacturer, or movable tiny home dealer and manufacturer
223 license plate: $17 flat. For additional fees as set forth in s.
224 320.08056, dealers may purchase specialty license plates in lieu
225 of the standard dealer license plates. Dealers shall be
226 responsible for all costs associated with the specialty license
227 plate, including all annual use fees, processing fees, fees
228 associated with switching license plate types, and any other
229 applicable fees.
230 (14)(13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
231 official license plate: $4 flat, except that the registration or
232 renewal of a registration of a marine boat trailer exempt under
233 s. 320.102 is not subject to any license tax.
234 (15)(14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
235 vehicle for hire operated wholly within a city or within 25
236 miles thereof: $17 flat plus $2 per cwt.
237 (16)(15) TRANSPORTER.—Any transporter license plate issued
238 to a transporter pursuant to s. 320.133: $101.25 flat.
239 Section 2. Present subsections (4) through (16) of section
240 320.772, as created by SB ___, 2023 Regular Session, are
241 redesignated as subsections (5) through (17), respectively, a
242 new subsection (4) is added to that section, and paragraph (l)
243 of subsection (3) and present subsections (5) and (6) are
244 amended, to read:
245 320.772 License required of movable tiny home dealers.—
246 (3) APPLICATION.—The application for such license shall be
247 in the form prescribed by the department and subject to such
248 rules as may be prescribed by it. The application shall be
249 verified by oath or affirmation and shall contain:
250 (l) Such other relevant information as may be required by
251 the department. Each applicant, general partner in the case of a
252 partnership, or corporate officer and director in the case of a
253 corporate applicant must file a set of fingerprints with the
254 department for the purpose of determining any prior criminal
255 record or any outstanding warrants. The department shall submit
256 the fingerprinting to the Department of Law Enforcement for
257 state processing and forwarding to the Federal Bureau of
258 Investigation for federal processing. The actual cost of such
259 state and federal processing shall be borne by the applicant and
260 is in addition to the fee for licensure. The department may
261 issue a license to an applicant pending the results of the
262 fingerprint investigation, which license is fully revocable if
263 the department subsequently determines that any facts set forth
264 in the application are not true or correctly represented.
265
266 The department shall, if it deems necessary, cause an
267 investigation to be made to ascertain whether the facts set
268 forth in the application are true and shall not issue a license
269 to the applicant until it is satisfied that the facts set forth
270 in the application are true.
271 (4) FEES.—Upon making initial application, the applicant
272 shall pay to the department a fee of $300 in addition to any
273 other fees required by law. An applicant may choose to extend
274 the licensure period for 1 additional year for a total of 2
275 years. An initial applicant shall pay to the department a fee of
276 $300 for the first year and $100 for the second year in addition
277 to any other fees required by law. An applicant for a renewal
278 license shall pay to the department $100 for a 1-year renewal or
279 $200 for a 2-year renewal. The fee for application for change of
280 location shall be $25. An applicant for renewal who has failed
281 to submit a renewal application by October 1 of the year of its
282 current license expiration shall pay a renewal application fee
283 equal to the original application fee. A fee required by this
284 subsection is nonrefundable. All fees shall be deposited into
285 the General Revenue Fund.
286 (6)(5) LICENSE CERTIFICATE.—A license certificate shall be
287 issued by the department in accordance with the application when
288 the application is regular in form and in compliance with this
289 section. The license certificate may be in the form of a
290 document or a computerized card as determined by the department.
291 The cost of each original, additional, or replacement
292 computerized card shall be borne by the licensee and is in
293 addition to the fee for licensure. The fees charged to
294 applicants for the required background investigation and the
295 computerized card as provided in this section shall be deposited
296 into the Highway Safety Operating Trust Fund. The license, when
297 issued, shall entitle the licensee to carry on and conduct the
298 business of a movable tiny home dealer at the location set forth
299 in the license for 1 or 2 years from October 1 preceding the
300 date of issuance. Each initial application received by the
301 department shall be accompanied by verification that, within the
302 preceding 6 months, the applicant or one or more of his or her
303 designated employees has attended a training and information
304 seminar conducted by the department or by a public or private
305 provider approved by the department. Such seminar shall include,
306 but not be limited to, statutory dealer requirements, which
307 requirements include required bookkeeping and recording
308 procedures, requirements for the collection of sales and use
309 taxes, and such other information that in the opinion of the
310 department will promote good business practices.
311 (7)(6) SUPPLEMENTAL LICENSE.—A person licensed under this
312 section shall be entitled to operate one or more additional
313 places of business under a supplemental license for each such
314 business if the ownership of each such business is identical to
315 that of the principal business for which the original license is
316 issued. Each supplemental license shall run concurrently with
317 the original license and shall be issued upon application by the
318 licensee on a form to be furnished by the department and payment
319 of a fee of $50 for each such license. Only one licensed dealer
320 shall operate at the same place of business. A supplemental
321 license authorizing off-premises sales shall be issued, at no
322 charge to the dealer, for up to 10 consecutive days. A licensed
323 dealer who conducts an off-premises sale not in conjunction with
324 a public vehicle show, as defined in s. 320.3203(5)(c), shall:
325 (a) Notify the applicable local department office of the
326 specific dates and location for which such license is requested.
327 (b) Provide staff to work at the temporary location for the
328 duration of the off-premises sale.
329 (c) Meet all local government permit requirements.
330 (d) Have the permission of the property owner to operate at
331 that location.
332 (e) Conspicuously display a sign at the licensed location
333 which clearly identifies the dealer’s name and business address
334 as listed on the dealer’s original license.
335 (f) Prominently include the dealer’s name and business
336 address, as listed on the dealer’s original license, in all
337 advertisements associated with such sale.
338 Section 3. This act shall take effect on the same date that
339 SB ___ or similar legislation takes effect, if such legislation
340 is adopted in the same legislative session or an extension
341 thereof and becomes a law.