Bill Text: FL S7092 | 2019 | Regular Session | Introduced


Bill Title: Fees/Department of Highway Safety and Motor Vehicles

Spectrum: Partisan Bill (? 1-0)

Status: (Failed) 2019-05-03 - Died in Appropriations [S7092 Detail]

Download: Florida-2019-S7092-Introduced.html
       Florida Senate - 2019                                    SB 7092
       
       
        
       By the Committee on Infrastructure and Security
       
       
       
       
       
       596-03791-19                                          20197092__
    1                        A bill to be entitled                      
    2         An act relating to fees; amending s. 319.1414, F.S.;
    3         requiring that costs incurred by the Department of
    4         Highway Safety and Motor Vehicles to obtain a certain
    5         order be charged to a subpoenaed person; amending s.
    6         320.06, F.S.; requiring a specified fee for certain
    7         validation stickers; amending s. 320.861, F.S.;
    8         requiring that costs incurred by the department to
    9         obtain a certain order be charged to a subpoenaed
   10         person; amending s. 322.21, F.S.; requiring a certain
   11         fee for the expedited shipping of a renewal or
   12         replacement driver license or identification card;
   13         amending s. 322.71, F.S.; requiring that costs
   14         incurred by the department to obtain a certain order
   15         be charged to a subpoenaed person; providing a
   16         contingent effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (3) of section 319.1414, Florida
   21  Statutes, as created by SB 7090, 2019 Regular Session, is
   22  amended to read:
   23         319.1414 Investigations; examinations; subpoenas; hearings;
   24  witnesses.—
   25         (3) If a person refuses to testify, produce books, papers,
   26  documents, or records, or otherwise obey a subpoena or subpoena
   27  duces tecum issued under subsection (2), the department may
   28  petition a court of competent jurisdiction in the county where
   29  the person’s residence or principal place of business is
   30  located, upon which the court must issue an order requiring such
   31  person to obey the subpoena or show cause for failing to obey
   32  the subpoena. Unless the person shows sufficient cause for
   33  failing to obey the subpoena, the court shall direct the person
   34  to obey the subpoena. Costs incurred by the department to obtain
   35  an order granting, in whole or in part, its petition must be
   36  charged to the subpoenaed person. Failure to comply with such
   37  order is contempt of court.
   38         Section 2. Paragraph (b) of subsection (1) of section
   39  320.06, Florida Statutes, as amended by SB 7090, 2019 Regular
   40  Session, is amended to read:
   41         320.06 Registration certificates, license plates, and
   42  validation stickers generally.—
   43         (1)
   44         (b)1. Registration license plates bearing a graphic symbol
   45  and the alphanumeric system of identification shall be issued
   46  for a 10-year period. At the end of the 10-year period, upon
   47  renewal, the plate shall be replaced. The department shall
   48  extend the scheduled license plate replacement date from a 6
   49  year period to a 10-year period. The fee for such replacement is
   50  $28, $2.80 of which shall be paid each year before the plate is
   51  replaced, to be credited toward the next $28 replacement fee.
   52  The fees shall be deposited into the Highway Safety Operating
   53  Trust Fund. A credit or refund may not be given for any prior
   54  years’ payments of the prorated replacement fee if the plate is
   55  replaced or surrendered before the end of the 10-year period,
   56  except that a credit may be given if a registrant is required by
   57  the department to replace a license plate under s.
   58  320.08056(8)(a). With each license plate, a validation sticker
   59  shall be issued showing the owner’s birth month, license plate
   60  number, and the year of expiration or the appropriate renewal
   61  period if the owner is not a natural person. The validation
   62  sticker shall be placed on the upper right corner of the license
   63  plate. The license plate and validation sticker shall be issued
   64  based on the applicant’s appropriate renewal period. The
   65  registration period is 12 months, the extended registration
   66  period is 24 months, and all expirations occur based on the
   67  applicant’s appropriate registration period.
   68         2. A vehicle that has an apportioned registration shall be
   69  issued an annual license plate and a cab card that denote the
   70  declared gross vehicle weight for each apportioned jurisdiction
   71  in which the vehicle is authorized to operate. This subparagraph
   72  expires October 1, 2019.
   73         3. Upon implementation of a new operating system for
   74  apportioned vehicle registration, a vehicle registered in
   75  accordance with the International Registration Plan which has an
   76  apportioned registration must be issued a license plate for a 5
   77  year period, an annual cab card denoting the declared gross
   78  vehicle weight, and an annual validation sticker showing the
   79  month and year of expiration. The validation sticker must be
   80  placed in the center of the license plate. The license plate and
   81  validation sticker must be issued based on the applicant’s
   82  appropriate renewal period. The registration period is 12
   83  months. The fee for the initial validation sticker and any
   84  renewed validation sticker is $28. This fee must be deposited
   85  into the Highway Safety Operating Trust Fund. If the license
   86  plate is damaged or worn, it may be replaced at no charge by
   87  applying to the department and surrendering the current license
   88  plate.
   89         4. In order to retain the efficient administration of the
   90  taxes and fees imposed by this chapter, the 80-cent fee increase
   91  in the replacement fee imposed by chapter 2009-71, Laws of
   92  Florida, is negated as provided in s. 320.0804.
   93         Section 3. Subsection (3) of section 320.861, Florida
   94  Statutes, as created by SB 7090, 2019 Regular Session, is
   95  amended to read:
   96         320.861 Investigations; subpoenas and other process; oaths;
   97  rules.—
   98         (3) If a person refuses to testify, produce books, papers,
   99  documents, or records, or otherwise obey the subpoena or
  100  subpoena duces tecum issued under subsection (2), the department
  101  may petition a court of competent jurisdiction in the county
  102  where the person’s residence or principal place of business is
  103  located, upon which the court must issue an order requiring such
  104  person to obey the subpoena or show cause for failing to obey
  105  the subpoena. Unless the person shows sufficient cause for
  106  failing to obey the subpoena, the court must direct the person
  107  to obey the subpoena. Costs incurred by the department to obtain
  108  an order granting, in whole or in part, its petition shall be
  109  charged to the subpoenaed person. Failure to comply with such
  110  order is contempt of court.
  111         Section 4. Subsection (10) of section 322.21, Florida
  112  Statutes, as created by SB 7090, 2019 Regular Session, is
  113  amended to read:
  114         322.21 License fees; procedure for handling and collecting
  115  fees.—
  116         (10) An applicant who submits an application for a renewal
  117  or replacement driver license or identification card to the
  118  department using a convenience service must be provided with an
  119  option for expedited shipping in which the department, at the
  120  applicant’s request, must issue the license or identification
  121  card within 5 working days after receipt of the application and
  122  ship the license or card using an expedited mail service. A fee
  123  must be charged for the expedited shipping option, not to exceed
  124  the cost of the expedited mail service, which is in addition to
  125  fees imposed by s. 322.051 or this section, or for the
  126  convenience service. Fees collected for the expedited shipping
  127  option shall be deposited into the Highway Safety Operating
  128  Trust Fund.
  129         Section 5. Subsection (3) of section 322.71, Florida
  130  Statutes, as created by SB 7090, 2019 Regular Session, is
  131  amended to read:
  132         322.71 Investigations; subpoenas and other process; oaths;
  133  rules.—
  134         (3) If a person refuses to testify, produce books, papers,
  135  documents, or records, or otherwise obey the subpoena or
  136  subpoena duces tecum issued under subsection (2), the department
  137  may petition a court of competent jurisdiction in the county
  138  where the person’s residence or principal place of business is
  139  located, upon which the court must issue an order requiring such
  140  person to obey the subpoena or show cause for failing to obey
  141  the subpoena. Unless the person shows sufficient cause for
  142  failing to obey the subpoena, the court must direct the person
  143  to obey the subpoena. Costs incurred by the department to obtain
  144  an order granting, in whole or in part, its petition shall be
  145  charged to the subpoenaed person. Failure to comply with such
  146  order is contempt of court.
  147         Section 6. This act shall take effect on the same date that
  148  SB 7090 or similar legislation takes effect, if such legislation
  149  is adopted in the same legislative session or an extension
  150  thereof and becomes a law.

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