Florida Senate - 2024                               CS for SB 28
       
       
        
       By the Committee on Transportation; and Senator Hooper
       
       
       
       
       
       596-01783-24                                            202428c1
    1                        A bill to be entitled                      
    2         An act relating to license taxes; amending s. 320.01,
    3         F.S.; defining the terms “electric motorcycle,” “plug
    4         in hybrid electric motorcycle,” and “plug-in hybrid
    5         electric vehicle”; revising the definition of the term
    6         “electric vehicle”; amending s. 320.08001, F.S.;
    7         imposing specified additional annual license taxes on
    8         electric vehicles and plug-in hybrid electric
    9         vehicles; increasing such taxes beginning on a
   10         specified date; providing for the distribution of
   11         proceeds from the additional license taxes; specifying
   12         requirements for the use of the proceeds by local
   13         governments; providing that certain vehicles are
   14         exempt from specified license taxes; providing
   15         applicability; providing that the registrant of an
   16         electric vehicle or a plug-in hybrid electric vehicle
   17         is not entitled to a credit or refund for certain
   18         additional license tax except under certain
   19         conditions; providing for imposition of a specified
   20         delinquent fee; providing for future expiration and
   21         reversion; amending s. 320.07, F.S.; conforming
   22         provisions to changes made by the act; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present subsection (36) and subsections (37)
   28  through (45) of section 320.01, Florida Statutes, are
   29  redesignated as subsection (37) and subsections (40) through
   30  (48), respectively, new subsections (36), (38), and (39) are
   31  added to that section, and present subsection (36) of that
   32  section is amended, to read:
   33         320.01 Definitions, general.—As used in the Florida
   34  Statutes, except as otherwise provided, the term:
   35         (36)“Electric motorcycle” means a motorcycle, as defined
   36  in s. 320.01(26), powered solely by an electric motor that draws
   37  current from rechargeable storage batteries, fuel cells, or
   38  other sources of electrical current.
   39         (37)(36) “Electric vehicle” means a motor vehicle that is
   40  powered solely by an electric motor that draws current from
   41  rechargeable storage batteries, fuel cells, or other sources of
   42  electrical current. The term includes an electric motorcycle
   43  unless otherwise specified.
   44         (38)“Plug-in hybrid electric motorcycle” means a
   45  motorcycle, as defined in s. 320.01(26), powered by an internal
   46  combustion engine and an electric motor that draws current from
   47  rechargeable storage batteries, fuel cells, or other sources of
   48  electrical current which are recharged by an energy source
   49  external to the motor vehicle.
   50         (39)“Plug-in hybrid electric vehicle” means a motor
   51  vehicle powered by an internal combustion engine and an electric
   52  motor that draws current from rechargeable storage batteries,
   53  fuel cells, or other sources of electrical current which are
   54  recharged by an energy source external to the motor vehicle. The
   55  term includes a plug-in hybrid electric motorcycle unless
   56  otherwise specified.
   57         Section 2. Section 320.08001, Florida Statutes, is amended
   58  to read:
   59         320.08001 Low-speed, electric, and plug-in hybrid electric
   60  vehicles; license tax.—
   61         (1) The license tax for a an electric vehicle or low-speed
   62  electric vehicle is the same as that prescribed in s. 320.08 for
   63  a vehicle that is not electrically powered.
   64         (2)In addition to the license tax prescribed in s. 320.08,
   65  there is imposed an annual license tax of $200 on electric
   66  vehicles, except that the additional annual license tax for
   67  electric motorcycles is $25. Beginning January 1, 2029, the
   68  additional annual license tax shall be $250, except that the
   69  annual license tax for electric motorcycles shall be $35.
   70         (3)In addition to the license tax prescribed in s. 320.08,
   71  there is imposed an annual license tax of $50 on plug-in hybrid
   72  electric vehicles, except that the annual license tax for plug
   73  in hybrid electric motorcycles shall be $10. Beginning January
   74  1, 2029, the additional annual license tax shall be $100, except
   75  that the annual license tax for plug-in hybrid electric
   76  motorcycles shall be $20.
   77         (4)Of the proceeds from the additional annual license
   78  taxes imposed under subsections (2) and (3), 64 percent must be
   79  deposited into the State Transportation Trust Fund and 36
   80  percent must be allocated to the county where the vehicle is
   81  registered. Each quarter, the department shall transfer the
   82  funds allocated to a county to the Department of Revenue for
   83  distribution to the board of county commissioners and
   84  municipalities within the county in proportion to the previous
   85  quarter’s distribution of the local option fuel taxes authorized
   86  under s. 336.025(1)(a). Local governments shall use funds
   87  received pursuant to this subsection for transportation
   88  expenditures as defined in s. 336.025(7).
   89         (5)An electric vehicle or a plug-in hybrid electric
   90  vehicle that uses a battery storage system of up to 5 kilowatt
   91  hours is exempt from the additional annual license tax imposed
   92  under this section.
   93         (6)The additional annual license taxes imposed under this
   94  section apply to an initial registration or renewal registration
   95  that has a renewal period beginning on or after October 1, 2024.
   96         (7) The registrant of an electric vehicle or a plug-in
   97  hybrid electric vehicle is not entitled to a credit or refund
   98  for the additional annual license tax imposed by subsection (2)
   99  or subsection (3) for any prior year’s annual license tax
  100  payments unless the registrant is required by the department to
  101  replace a license plate pursuant to s. 320.08056(8) or the
  102  registrant meets the requirements of s. 320.15(2).
  103         (8) Any delinquent fee imposed on the registrant of any
  104  electric vehicle or plug-in hybrid electric vehicle pursuant to
  105  s. 320.07(4)(a) must be imposed in accordance with the schedule
  106  listed in that paragraph, based on the license tax prescribed in
  107  s. 320.08 for a vehicle that is not electrically powered.
  108         Section 3. The amendments made by this act to s. 320.08001,
  109  Florida Statutes, shall expire on June 30, 2034, and the text of
  110  that section shall revert to that in existence on June 30, 2024,
  111  except that any amendments to such text enacted other than by
  112  this act shall be preserved and continue to operate to the
  113  extent that such amendments are not dependent upon the portions
  114  of text which expire pursuant to this section.
  115         Section 4. Paragraph (b) of subsection (2) of section
  116  320.07, Florida Statutes, is amended to read:
  117         320.07 Expiration of registration; renewal required;
  118  penalties.—
  119         (2) Registration shall be renewed semiannually, annually,
  120  or biennially, as provided in this subsection, during the
  121  applicable renewal period, upon payment of the applicable
  122  license tax amounts required by s. 320.08, service charges
  123  required by s. 320.04, and any additional fees required by law.
  124         (b) Any person who owns a motor vehicle or mobile home
  125  registered under s. 320.08(1), (2), (3), (4)(a) or (b), (6),
  126  (7), (8), (9), (10), or (11) may renew the vehicle registration
  127  biennially during the applicable renewal period upon payment of
  128  the 2-year cumulative total of all applicable license tax
  129  amounts required by ss. 320.08 and 320.08001, as applicable, s.
  130  320.08 and service charges or surcharges required by ss. 320.03,
  131  320.04, 320.0801, 320.08015, 320.0802, 320.0804, 320.0805,
  132  320.08046, and 320.08056 and payment of the 2-year cumulative
  133  total of any additional fees required by law for an annual
  134  registration.
  135         Section 5. This act shall take effect July 1, 2024.