Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 736
Ì828660/Î828660
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/09/2024 .
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The Appropriations Committee on Transportation, Tourism, and
Economic Development (Trumbull) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraphs (c) and (d) of subsection (1)
6 of section 319.28, Florida Statutes, are redesignated as
7 paragraphs (d) and (e), respectively, and a new paragraph (c) is
8 added to that subsection, to read:
9 319.28 Transfer of ownership by operation of law.—
10 (1)
11 (c) If the previous owner died testate and the application
12 for a certificate of title is made by, and accompanied by an
13 affidavit attested by, a Florida-licensed attorney in good
14 standing with The Florida Bar, such affidavit shall, for
15 purposes of paragraph (a), establish a presumption of ownership,
16 absent information received to the contrary, and right of
17 possession to the motor vehicle or mobile home, so long as the
18 affidavit sets forth the rightful heir or heirs and the attorney
19 attests in the affidavit that such heir or heirs are lawfully
20 entitled to the rights of ownership and possession of the motor
21 vehicle or mobile home. It is not necessary for the application
22 for certificate of title filed under this paragraph to be
23 accompanied by a copy of the will or other testamentary
24 instrument.
25 Section 2. Subsection (3) of section 319.29, Florida
26 Statutes, is amended to read:
27 319.29 Lost or destroyed certificates.—
28 (3) If, following the issuance of an original, duplicate,
29 or corrected certificate of title by the department, the
30 certificate is lost in transit and is not delivered to the
31 addressee, the owner of the motor vehicle or mobile home, or the
32 holder of a lien thereon, may, within 180 days of the date of
33 issuance of the title, apply to the department for reissuance of
34 the certificate of title. An No additional fee may not shall be
35 charged by the department or a tax collector, as agent for the
36 department, for reissuance under this subsection.
37 Section 3. Paragraph (b) of subsection (1) and paragraph
38 (a) of subsection (3) of section 320.06, Florida Statutes, are
39 amended to read:
40 320.06 Registration certificates, license plates, and
41 validation stickers generally.—
42 (1)
43 (b)1. Registration license plates bearing a graphic symbol
44 and the alphanumeric system of identification shall be issued
45 for a 10-year period. At the end of the 10-year period, upon
46 renewal, the plate shall be replaced. The department shall
47 extend the scheduled license plate replacement date from a 6
48 year period to a 10-year period. The fee for such replacement is
49 $28, $2.80 of which shall be paid each year before the plate is
50 replaced, to be credited toward the next $28 replacement fee.
51 The fees shall be deposited into the Highway Safety Operating
52 Trust Fund. A credit or refund may not be given for any prior
53 years’ payments of the prorated replacement fee if the plate is
54 replaced or surrendered before the end of the 10-year period,
55 except that a credit may be given if a registrant is required by
56 the department to replace a license plate under s.
57 320.08056(8)(a). With each license plate, a validation sticker
58 shall be issued showing the owner’s birth month, license plate
59 number, and the year of expiration or the appropriate renewal
60 period if the owner is not a natural person. The validation
61 sticker shall be placed on the upper right corner of the license
62 plate. The license plate and validation sticker shall be issued
63 based on the applicant’s appropriate renewal period. The
64 registration period is 12 months, the extended registration
65 period is 24 months, and all expirations occur based on the
66 applicant’s appropriate registration period. Rental vehicles
67 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
68 pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a)-(d) may
69 elect a permanent registration period, provided payment of the
70 appropriate license taxes and fees occurs annually.
71 2. A vehicle that has an apportioned registration shall be
72 issued an annual license plate and a cab card that denote the
73 declared gross vehicle weight for each apportioned jurisdiction
74 in which the vehicle is authorized to operate. This subparagraph
75 expires June 30, 2024.
76 3. Beginning July 1, 2024, a vehicle registered in
77 accordance with the International Registration Plan must be
78 issued a license plate for a 3-year period. At the end of the 3
79 year period, upon renewal, the license plate must be replaced.
80 Each license plate must include a validation sticker showing the
81 month of expiration. A cab card denoting the declared gross
82 vehicle weight for each apportioned jurisdiction must be issued
83 annually. The fee for an original or a renewal cab card is $28,
84 which must be deposited into the Highway Safety Operating Trust
85 Fund. If the license plate is damaged or worn, it may be
86 replaced at no charge by applying to the department and
87 surrendering the current license plate.
88 4. In order to retain the efficient administration of the
89 taxes and fees imposed by this chapter, the 80-cent fee increase
90 in the replacement fee imposed by chapter 2009-71, Laws of
91 Florida, is negated as provided in s. 320.0804.
92 (3)(a) Registration license plates must be made of metal
93 specially treated with a retroreflection material, as specified
94 by the department. The registration license plate is designed to
95 increase nighttime visibility and legibility and must be at
96 least 6 inches wide and not less than 12 inches in length,
97 unless a plate with reduced dimensions is deemed necessary by
98 the department to accommodate motorcycles, mopeds, or similar
99 smaller vehicles, or trailers. Validation stickers must also be
100 treated with a retroreflection material, must be of such size as
101 specified by the department, and must adhere to the license
102 plate. The registration license plate must be imprinted with a
103 combination of bold letters and numerals or numerals, not to
104 exceed seven digits, to identify the registration license plate
105 number. The license plate must be imprinted with the word
106 “Florida” at the top and the name of the county in which it is
107 sold, the state motto, or the words “Sunshine State” at the
108 bottom. Apportioned license plates must have the word
109 “Apportioned” at the bottom, and license plates issued for
110 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
111 (c), or (14) must have the word “Restricted” at the bottom.
112 License plates issued for vehicles taxed under s. 320.08(12)
113 must be imprinted with the word “Florida” at the top and the
114 word “Dealer” at the bottom unless the license plate is a
115 specialty license plate as authorized in s. 320.08056.
116 Manufacturer license plates issued for vehicles taxed under s.
117 320.08(12) must be imprinted with the word “Florida” at the top
118 and the word “Manufacturer” at the bottom. License plates issued
119 for vehicles taxed under s. 320.08(5)(d) or (e) must be
120 imprinted with the word “Wrecker” at the bottom. Any county may,
121 upon majority vote of the county commission, elect to have the
122 county name removed from the license plates sold in that county.
123 The state motto or the words “Sunshine State” shall be printed
124 in lieu thereof. A license plate issued for a vehicle taxed
125 under s. 320.08(6) may not be assigned a registration license
126 number, or be issued with any other distinctive character or
127 designation, that distinguishes the motor vehicle as a for-hire
128 motor vehicle.
129 Section 4. Subsection (1) of section 320.084, Florida
130 Statutes, is amended, and subsection (6) is added to that
131 section, to read:
132 320.084 Free motor vehicle license plate to certain
133 disabled veterans.—
134 (1) One free “DV” motor vehicle license number plate shall
135 be issued by the department for use on any motor vehicle owned
136 or leased by any disabled veteran who has been a resident of
137 this state continuously for the preceding 5 years or has
138 established a domicile in this state as provided by s.
139 222.17(1), (2), or (3), and who has been honorably discharged
140 from the United States Armed Forces, upon application,
141 accompanied by proof that:
142 (a) A vehicle was initially acquired through financial
143 assistance by the United States Department of Veterans Affairs
144 or its predecessor specifically for the purchase of an
145 automobile;
146 (b) The applicant has been determined by the United States
147 Department of Veterans Affairs or its predecessor to have a
148 service-connected 100-percent disability rating for
149 compensation; or
150 (c) The applicant has been determined to have a service
151 connected disability rating of 100 percent and is in receipt of
152 disability retirement pay from any branch of the United States
153 Armed Services.
154 (6)(a) A disabled veteran who meets the requirements of
155 subsection (1) may be issued, in lieu of the “DV” license plate,
156 a military license plate for which he or she is eligible or a
157 specialty license plate. A disabled veteran electing a military
158 license plate or specialty license plate under this subsection
159 must pay all applicable fees related to such license plate.
160 (b) A military license plate or specialty license plate
161 elected under this subsection:
162 1. Does not provide the protections or rights afforded by
163 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
164 2. Is not eligible for the international symbol of
165 accessibility as described in s. 320.0842.
166 Section 5. Subsection (2) of section 320.131, Florida
167 Statutes, is amended, and paragraphs (m) and (n) are added to
168 subsection (1) of that section, to read:
169 320.131 Temporary tags.—
170 (1) The department is authorized and empowered to design,
171 issue, and regulate the use of temporary tags to be designated
172 “temporary tags” for use in the following cases:
173 (m) When the existing owner of a vehicle has submitted an
174 application to transfer a valid out-of-state title that is
175 subject to a lien. A temporary tag issued for this purpose shall
176 be valid for 60 days.
177 (n) When an active-duty military servicemember who has a
178 valid Florida driver license provides evidence satisfactory to
179 the department that he or she is deployed outside this state. A
180 temporary tag issued for this purpose shall be valid for 60
181 days.
182
183 Further, the department is authorized to disallow the purchase
184 of temporary tags by licensed dealers, common carriers, or
185 financial institutions in those cases where abuse has occurred.
186 (2) The department may is authorized to sell temporary
187 tags, in addition to those listed above, to its their agents and
188 where need is demonstrated by a consumer complainant. The fee
189 for a temporary tag issued under this section shall be $2 each.
190 One dollar from each tag sold shall be deposited into the Brain
191 and Spinal Cord Injury Program Trust Fund, with the remaining
192 proceeds being deposited into the Highway Safety Operating Trust
193 Fund. Agents of the department shall sell temporary tags for $2
194 each and shall charge the service charge authorized by s. 320.04
195 per transaction, regardless of the quantity sold. Requests for
196 purchase of temporary tags to the department or its agents shall
197 be made, where applicable, on letterhead stationery and
198 notarized. Except as specifically provided otherwise, a
199 temporary tag issued under this section shall be valid for 30
200 days, and no more than two shall be issued to the same person
201 for the same vehicle.
202 Section 6. This act shall take effect July 1, 2024.
203
204 ================= T I T L E A M E N D M E N T ================
205 And the title is amended as follows:
206 Delete everything before the enacting clause
207 and insert:
208 A bill to be entitled
209 An act relating to services provided by the Department
210 of Highway Safety and Motor Vehicles or its agents;
211 amending s. 319.28, F.S.; providing that a certain
212 affidavit establishes a presumption of ownership and
213 right of possession to a motor vehicle or mobile home
214 when the previous owner of the motor vehicle or mobile
215 home died testate; providing that the application for
216 certificate of title does not need to be accompanied
217 by a will or other testamentary instrument; amending
218 s. 319.29, F.S.; prohibiting the department or a tax
219 collector from charging a fee for reissuance of
220 certain certificates of title; amending s. 320.06,
221 F.S.; authorizing permanent registration of certain
222 rental trucks; authorizing the department to deem a
223 license plate with reduced dimensions to be necessary
224 to accommodate trailers; amending s. 320.084, F.S.;
225 authorizing certain disabled veterans to be issued a
226 military license plate or specialty license plate in
227 lieu of a “DV” license plate; requiring the veteran to
228 pay all fees associated with the license plate;
229 specifying applicable fees; providing applicability;
230 amending s. 320.131, F.S.; authorizing the department
231 to design, issue, and regulate the use of temporary
232 tags when the existing owner of a vehicle has
233 submitted an application to transfer a valid out-of
234 state title that is subject to a lien; authorizing the
235 department to design, issue, and regulate the use of
236 temporary tags when an active-duty military
237 servicemember who has a valid Florida driver license
238 provides evidence satisfactory to the department that
239 he or she is deployed outside this state; providing
240 the period of validity of such temporary tags;
241 removing provisions requiring a written, notarized
242 request for the purchase of a temporary tag;
243 conforming provisions to changes made by the act;
244 providing an effective date.