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: 14 320.08License 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 vehicles declared gross vehicle weight is less 103 than 44,000 pounds, $87.75 flat. 104 2.If such vehicles 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: 245 320.772License 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 dealers name and business address 334 as listed on the dealers original license. 335 (f)Prominently include the dealers name and business 336 address, as listed on the dealers 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.