This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0371a.TIE
DATE: 1/18/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 371 Fees/Motor Vehicle Registration Certificate Cards
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, McCurdy
TIED BILLS: CS/HB 369 IDEN./SIM. BILLS: CS/SB 576
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 18 Y, 0 N, As CS Johnson Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Except as otherwise provided by law, every owner or person in charge of a motor vehicle that is operated or
driven on Florida’s roads must register the vehicle. A registration certificate provides proof that the vehicle is
registered. HB 369 (2022), to which this bill is linked, requires the application form for motor vehicle registration
and renewal of registration to include language permitting an applicant to request a registration certificate card.
That bill also amends various statutory provisions allowing for a registration certificate card to be used in lieu of
a motor vehicle registration certificate.
This bill provides that a registration certificate card application is subject to a service charge of $2.50, which is
the same fee currently charged for motor vehicle registration certificates. This service charge is imposed on
each original or duplicate issuance or transfer of a registration certificate card. This service charge is retained
by the Department of Highway Safety and Motors (DHSMV) or the county tax collector, depending on the entity
processing the transaction.
This bill authorizes the collection of a mail service charge, identical to the charge applicable to the delivery of
registration certificates, for the delivery of a registration certificate card. The collected mail service charge is
deposited in the Highway Safety Operating Trust Fund.
The bill provides that no additional tax, other than a $4.50 transfer fee, applies to the transfer or exchange of a
new license plate and for the issuance, at the request of the owner, of a new registration certificate card.
The bill has an indeterminate positive fiscal impact to DHSMV and tax collectors.
This bill authorizes a new state fee, requiring a two-thirds vote of the membership of the House. See
Section III.A.2. of the analysis.
The bill takes effect on the same date that HB 369 (2022) or similar legislation takes effect, if such legislation is
adopted in the same legislative session or an extension thereof and becomes a law.
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DATE: 1/18/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Legislation Imposing or Raising State Fees or Taxes
The Florida Constitution provides that no state tax or fee may be imposed, authorized, or raised by the
Legislature except through legislation approved by two-thirds of the membership of each house of the
Legislature.
1
For purposes of this requirement, a “fee” is any charge or payment required by law,
including any fee or charge for services and fees or costs for licenses, and to “raise” a fee or tax means
to:
2
Increase or authorize an increase in the rate of a state tax or fee imposed on a percentage or
per mill basis;
Increase or authorize an increase in the amount of a state tax or fee imposed on a flat or fixed
amount basis; or
Decrease or eliminate a state tax or fee exemption or credit.
A bill that imposes, authorizes, or raises any state fee or tax may only contain the fee or tax
provision(s) and may not contain any other subject.
3
The constitutional provision does not authorize any state tax or fee to be imposed if it is otherwise
prohibited by the constitution and does not apply to any tax or fee authorized or imposed by a county,
municipality, school board, or special district.
4
HB 369 (2022)
HB 369 (2022), to which this bill is linked, authorizes the creation and issuance of motor vehicle
registration certificate cards and authorizes their use under various circumstances where motor vehicle
registration certificates are now utilized.
Motor Vehicle Registration Service Charges
Florida law authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) and county tax
collectors to, at the request of the applicant, mail motor vehicle registration certificates and renewals.
5
DHSMV or the county tax collector may collect a mail service charge for each registration certificate
and validation sticker mailed. The mail service charge is the actual postage required, rounded to the
nearest five cents, plus a 25-cent handling charge. The mail service charge is in addition to any other
service charge and is deposited into the Highway Safety Operating Trust Fund.
6
Florida law imposes a $2.50 service charge on each application that is handled in connection with the
original issuance, duplicate issuance, or transfer of a license plate, mobile home sticker, or validation
sticker or with transfer or duplicate issuance of a registration certificate. This service charge is retained
by DHSMV or the county tax collector that handles the transaction.
7
Under Florida law, for a transfer or exchange other than for the sale, trade or transfer of a motor
vehicle, if the replacement vehicle requires the same amount of license tax as the original vehicle being
1
Art. VII, s. 19(a)-(b), Fla. Const.
2
Art. VII, s. 19(d), Fla. Const.
3
Art. VII, s. 19(e), Fla. Const.
4
Art. VII, s. 19(c), Fla. Const.
5
S. 320.031(1), F.S.
6
S. 320.031(2), F.S.
7
S. 320.04(1)(a), F.S. STORAGE NAME: h0371a.TIE PAGE: 3
DATE: 1/18/2022
replaced, only a transfer fee of $4.50 is required to transfer or exchange a registration license plate and
issue a new registration certificate.
8
Effect of the Bill
The bill authorizes application of the current mail service charge for vehicle registrations and renewals
to be collected for the mailing of a registration certificate card.
The bill authorizes the current $2.50 registration service charge for transfer or duplicate issuance of a
registration certificate to be imposed on each original or duplicate issuance or transfer of a registration
certificate card.
The bill authorizes application of the current $4.50 transfer fee for the transfer or exchange of a
registration license plate and issuance of a new registration card, if the replacement vehicle requires
the same amount of license tax as the original vehicle.
The bill is effective on the same date as HB 369 (2022) or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.031, F.S., relating to mailing of registration certificates, registration
certificate cards, license plates, and tax collectors.
Section 2 Amends s. 320.04, F.S., relating to registration service charge.
Section 3 Amends s. 320.0609, F.S., relating to transfer and exchange of registration license plate,
transfer fee.
Section 4 Provides a contingent effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill authorizes the collection of a mail service charge if the registration certificate card is mailed
to the customer. This may result in an indeterminate positive fiscal impact to the Highway Safety
Operating Trust Fund.
For an original issuance, duplicate issuance, or transfer of a registration certificate card, the bill
requires a $2.50 fee. If the transaction is processed by DHSMV, DHSMV retains the fee. This may
result in an indeterminate positive fiscal impact to DHSMV.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
For an original issuance, duplicate issuance, or transfer of a registration certificate card. The bill
requires a $2.50 fee. If the transaction is processed by a county tax collector, the county tax
collector retains the fee. This may result in an indeterminate positive fiscal impact to county tax
collectors.
8
S, 320.0609(5)(a), F.S. STORAGE NAME: h0371a.TIE PAGE: 4
DATE: 1/18/2022
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of sales tax shared with counties or
municipalities.
2. Other:
Article VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
tax or fee be contained in a separate bill that contains no other subject and be approved by two-
thirds of the membership of each house of the Legislature. As such, the bill appears to implicate Art.
VII, s. 19 of the Florida Constitution because the bill authorizes a state fee.
B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 18, 2022, the Tourism, Infrastructure & Energy Subcommittee adopted one amendment and
reported the bill favorably as a committee substitute. The amendment clarified that the $2.50 service charge is
imposed on each original or duplicate issuance or transfer of a registration certificate card.
This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy
Subcommittee.