Florida Senate - 2024                                     SB 736
       
       
        
       By Senator Trumbull
       
       
       
       
       
       2-00706-24                                             2024736__
    1                        A bill to be entitled                      
    2         An act relating to services provided by the Department
    3         of Highway Safety and Motor Vehicles or its agents;
    4         amending s. 319.28, F.S.; providing that a certain
    5         affidavit constitutes proof of ownership and right of
    6         possession to a motor vehicle or mobile home the
    7         previous owner of which died testate; amending s.
    8         319.29, F.S.; prohibiting the department or a tax
    9         collector from charging a fee for reissuance of
   10         certain certificates of title; amending s. 320.06,
   11         F.S.; authorizing the department to deem a license
   12         plate with reduced dimensions to be necessary to
   13         accommodate trailers; amending s. 320.084, F.S.;
   14         authorizing certain disabled veterans to be issued a
   15         military license plate or specialty license plate in
   16         lieu of a “DV” license plate; specifying applicable
   17         fees; specifying nonapplicability of certain
   18         provisions; amending s. 320.131, F.S.; removing
   19         provisions requiring a written, notarized request for
   20         the purchase of a temporary tag; authorizing the
   21         department or its agents to renew an initial temporary
   22         tag, subject to certain provisions; providing an
   23         effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Present paragraphs (c) and (d) of subsection (1)
   28  of section 319.28, Florida Statutes, are redesignated as
   29  paragraphs (d) and (e), respectively, and a new paragraph (c) is
   30  added to that subsection, to read:
   31         319.28 Transfer of ownership by operation of law.—
   32         (1)
   33         (c)If the previous owner died testate and the application
   34  for a certificate of title is made by, and accompanied by an
   35  affidavit attested by, a Florida-licensed attorney in good
   36  standing with The Florida Bar who is representing the previous
   37  owner’s estate, such affidavit shall, for purposes of paragraph
   38  (a), constitute satisfactory proof of ownership and right of
   39  possession to the motor vehicle or mobile home, so long as the
   40  affidavit sets forth the rightful heir or heirs and the attorney
   41  attests in the affidavit that such heir or heirs are lawfully
   42  entitled to the rights of ownership and possession of the motor
   43  vehicle or mobile home. It shall not be necessary for the
   44  application for certificate of title filed under this paragraph
   45  to be accompanied by a copy of the will or other testamentary
   46  instrument.
   47         Section 2. Subsection (3) of section 319.29, Florida
   48  Statutes, is amended to read:
   49         319.29 Lost or destroyed certificates.—
   50         (3) If, following the issuance of an original, duplicate,
   51  or corrected certificate of title by the department, the
   52  certificate is lost in transit and is not delivered to the
   53  addressee, the owner of the motor vehicle or mobile home, or the
   54  holder of a lien thereon, may, within 180 days after of the date
   55  of issuance of the title, apply to the department for reissuance
   56  of the certificate of title. An No additional fee shall not be
   57  charged by the department or a tax collector, as agent for the
   58  department, for reissuance under this subsection.
   59         Section 3. Paragraph (a) of subsection (3) of section
   60  320.06, Florida Statutes, is amended to read:
   61         320.06 Registration certificates, license plates, and
   62  validation stickers generally.—
   63         (3)(a) Registration license plates must be made of metal
   64  specially treated with a retroreflection material, as specified
   65  by the department. The registration license plate is designed to
   66  increase nighttime visibility and legibility and must be at
   67  least 6 inches wide and not less than 12 inches in length,
   68  unless a plate with reduced dimensions is deemed necessary by
   69  the department to accommodate motorcycles, mopeds, or similar
   70  smaller vehicles, or trailers. Validation stickers must also be
   71  treated with a retroreflection material, must be of such size as
   72  specified by the department, and must adhere to the license
   73  plate. The registration license plate must be imprinted with a
   74  combination of bold letters and numerals or numerals, not to
   75  exceed seven digits, to identify the registration license plate
   76  number. The license plate must be imprinted with the word
   77  “Florida” at the top and the name of the county in which it is
   78  sold, the state motto, or the words “Sunshine State” at the
   79  bottom. Apportioned license plates must have the word
   80  “Apportioned” at the bottom, and license plates issued for
   81  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
   82  (c), or (14) must have the word “Restricted” at the bottom.
   83  License plates issued for vehicles taxed under s. 320.08(12)
   84  must be imprinted with the word “Florida” at the top and the
   85  word “Dealer” at the bottom unless the license plate is a
   86  specialty license plate as authorized in s. 320.08056.
   87  Manufacturer license plates issued for vehicles taxed under s.
   88  320.08(12) must be imprinted with the word “Florida” at the top
   89  and the word “Manufacturer” at the bottom. License plates issued
   90  for vehicles taxed under s. 320.08(5)(d) or (e) must be
   91  imprinted with the word “Wrecker” at the bottom. Any county may,
   92  upon majority vote of the county commission, elect to have the
   93  county name removed from the license plates sold in that county.
   94  The state motto or the words “Sunshine State” shall be printed
   95  in lieu thereof. A license plate issued for a vehicle taxed
   96  under s. 320.08(6) may not be assigned a registration license
   97  number, or be issued with any other distinctive character or
   98  designation, that distinguishes the motor vehicle as a for-hire
   99  motor vehicle.
  100         Section 4. Subsection (1) of section 320.084, Florida
  101  Statutes, is amended, and subsection (6) is added to that
  102  section, to read:
  103         320.084 Free motor vehicle license plate to certain
  104  disabled veterans.—
  105         (1) One free “DV” motor vehicle license number plate shall
  106  be issued by the department for use on any motor vehicle owned
  107  or leased by any disabled veteran who has been a resident of
  108  this state continuously for the preceding 5 years or has
  109  established a domicile in this state as provided by s.
  110  222.17(1), (2), or (3), and who has been honorably discharged
  111  from the United States Armed Forces, upon application,
  112  accompanied by proof that:
  113         (a) A vehicle was initially acquired through financial
  114  assistance by the United States Department of Veterans Affairs
  115  or its predecessor specifically for the purchase of an
  116  automobile;
  117         (b) The applicant has been determined by the United States
  118  Department of Veterans Affairs or its predecessor to have a
  119  service-connected 100-percent disability rating for
  120  compensation; or
  121         (c) The applicant has been determined to have a service
  122  connected disability rating of 100 percent and is in receipt of
  123  disability retirement pay from any branch of the United States
  124  Armed Services.
  125         (6)(a)A disabled veteran who meets the requirements of
  126  subsection (1) may be issued, in lieu of the “DV” license plate,
  127  a military license plate for which he or she is eligible or a
  128  specialty license plate. A disabled veteran electing a military
  129  license plate or specialty license plate under this subsection
  130  must pay all applicable fees related to such license plate,
  131  except for motor vehicle license plates issued without cost
  132  under subsections (1) and (4).
  133         (b)A military license plate or specialty license plate
  134  elected under this subsection:
  135         1.Does not provide the protections or rights afforded by
  136  ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
  137         2.Is not eligible for the international symbol of
  138  accessibility as described in s. 320.0842.
  139         Section 5. Subsection (2) of section 320.131, Florida
  140  Statutes, is amended to read:
  141         320.131 Temporary tags.—
  142         (2)(a) The department may is authorized to sell temporary
  143  tags, in addition to those listed above, to its their agents and
  144  where need is demonstrated by a consumer complainant. The fee
  145  for a temporary tag issued under this section shall be $2 each.
  146  One dollar from each tag sold shall be deposited into the Brain
  147  and Spinal Cord Injury Program Trust Fund, with the remaining
  148  proceeds being deposited into the Highway Safety Operating Trust
  149  Fund. Agents of the department shall sell temporary tags for $2
  150  each and shall charge the service charge authorized by s. 320.04
  151  per transaction, regardless of the quantity sold. Requests for
  152  purchase of temporary tags to the department or its agents shall
  153  be made, where applicable, on letterhead stationery and
  154  notarized. Except as specifically provided otherwise, a
  155  temporary tag issued under this section shall be valid for 30
  156  days, and no more than two shall be issued to the same person
  157  for the same vehicle.
  158         (b)At the request of the applicant, the department or its
  159  agents may, in lieu of issuing a second temporary tag under
  160  paragraph (a), renew the initial temporary tag for the same
  161  period applicable to the initial issuance. Such renewal is
  162  subject to the fee, service charge, and deposit requirements
  163  provided in paragraph (a).
  164         Section 6. This act shall take effect July 1, 2024.