Governor Charlie Crist signed an amended bill (SB 1100) apparently restoring the legality of the use of a vertical tag/vertical license plate for motorcycles and mopeds. The new law went into effect on June 16, 2009.
Prior to the change, Florida Statute 316.2085(3) stated: “The license tag of a motorcycle or moped must be permanently affixed horizontally to the ground and may not be adjusted or capable of being flipped up.”
The new law amended Florida Statute 316.2085(3) to now state:
“The license tag of a motorcycle or moped must be permanently affixed to the vehicle and may not be adjusted or capable of being flipped up. No device for or method of concealing or obscuring the legibility of the license tag of a motorcycle shall be installed or used.”
The language requiring a motorcycle license plate be affixed horizontally was deleted.
Now here comes the tricky part. We have heard from some of you that certain law enforcement agencies are issuing citations for Vertical Tags by using a loophole by citing FL Statute 316.605 which states in part:
“Vehicle license plates shall be affixed and displayed in such a manner that the letters and numerals shall be read from left to right parallel to the ground.”
A new bill being proposed in the Senate as we speak is Senate Bill 2400. At first glance it looked like the intent was to fix the loophole in FL Statute 316.605 as it pertains to Vertical License Plates for motorcycles. They have added language that says:
“Except as provided in FL Statute 316.2085(3).” Sounds great right? WRONG!
Here is the additional language being proposed to FL Statute 316.2085:
“The license tag of a motorcycle or moped may be affixed and displayed parallel to the ground in a manner that the numbers and letters read from left to right. Alternatively, a license tag for a motorcycle or moped may be affixed and displayed perpendicularly to the ground in a manner that the numbers and letters read from top to bottom, if the registered owner of the motorcycle or moped maintains a prepaid toll account in good standing and a transponder associated with the prepaid toll account is affixed to the motorcycle or moped.”