Florida Senate - 2024 CS for SB 736
By the Appropriations Committee on Transportation, Tourism, and
Economic Development; and Senator Trumbull
606-03113-24 2024736c1
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 establishes a presumption of ownership and
6 right of possession to a motor vehicle or mobile home
7 when the previous owner of the motor vehicle or mobile
8 home died testate; providing that the application for
9 certificate of title does not need to be accompanied
10 by a will or other testamentary instrument; amending
11 s. 319.29, F.S.; prohibiting the department or a tax
12 collector from charging a fee for reissuance of
13 certain certificates of title; amending s. 320.06,
14 F.S.; authorizing permanent registration of certain
15 rental trucks; authorizing the department to deem a
16 license plate with reduced dimensions to be necessary
17 to accommodate trailers; amending s. 320.084, F.S.;
18 authorizing certain disabled veterans to be issued a
19 military license plate or specialty license plate in
20 lieu of a “DV” license plate; requiring the veteran to
21 pay all fees associated with the license plate;
22 specifying applicable fees; providing applicability;
23 amending s. 320.131, F.S.; authorizing the department
24 to design, issue, and regulate the use of temporary
25 tags when the existing owner of a vehicle has
26 submitted an application to transfer a valid out-of
27 state title that is subject to a lien; authorizing the
28 department to design, issue, and regulate the use of
29 temporary tags when an active-duty military
30 servicemember who has a valid Florida driver license
31 provides evidence satisfactory to the department that
32 he or she is deployed outside this state; providing
33 the period of validity of such temporary tags;
34 removing provisions requiring a written, notarized
35 request for the purchase of a temporary tag;
36 conforming provisions to changes made by the act;
37 providing an effective date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Present paragraphs (c) and (d) of subsection (1)
42 of section 319.28, Florida Statutes, are redesignated as
43 paragraphs (d) and (e), respectively, and a new paragraph (c) is
44 added to that subsection, to read:
45 319.28 Transfer of ownership by operation of law.—
46 (1)
47 (c) If the previous owner died testate and the application
48 for a certificate of title is made by, and accompanied by an
49 affidavit attested by, a Florida-licensed attorney in good
50 standing with The Florida Bar, such affidavit shall, for
51 purposes of paragraph (a), establish a presumption of ownership,
52 absent information received to the contrary, and right of
53 possession to the motor vehicle or mobile home, so long as the
54 affidavit sets forth the rightful heir or heirs and the attorney
55 attests in the affidavit that such heir or heirs are lawfully
56 entitled to the rights of ownership and possession of the motor
57 vehicle or mobile home. It is not necessary for the application
58 for certificate of title filed under this paragraph to be
59 accompanied by a copy of the will or other testamentary
60 instrument.
61 Section 2. Subsection (3) of section 319.29, Florida
62 Statutes, is amended to read:
63 319.29 Lost or destroyed certificates.—
64 (3) If, following the issuance of an original, duplicate,
65 or corrected certificate of title by the department, the
66 certificate is lost in transit and is not delivered to the
67 addressee, the owner of the motor vehicle or mobile home, or the
68 holder of a lien thereon, may, within 180 days of the date of
69 issuance of the title, apply to the department for reissuance of
70 the certificate of title. An No additional fee may not shall be
71 charged by the department or a tax collector, as agent for the
72 department, for reissuance under this subsection.
73 Section 3. Paragraph (b) of subsection (1) and paragraph
74 (a) of subsection (3) of section 320.06, Florida Statutes, are
75 amended to read:
76 320.06 Registration certificates, license plates, and
77 validation stickers generally.—
78 (1)
79 (b)1. Registration license plates bearing a graphic symbol
80 and the alphanumeric system of identification shall be issued
81 for a 10-year period. At the end of the 10-year period, upon
82 renewal, the plate shall be replaced. The department shall
83 extend the scheduled license plate replacement date from a 6
84 year period to a 10-year period. The fee for such replacement is
85 $28, $2.80 of which shall be paid each year before the plate is
86 replaced, to be credited toward the next $28 replacement fee.
87 The fees shall be deposited into the Highway Safety Operating
88 Trust Fund. A credit or refund may not be given for any prior
89 years’ payments of the prorated replacement fee if the plate is
90 replaced or surrendered before the end of the 10-year period,
91 except that a credit may be given if a registrant is required by
92 the department to replace a license plate under s.
93 320.08056(8)(a). With each license plate, a validation sticker
94 shall be issued showing the owner’s birth month, license plate
95 number, and the year of expiration or the appropriate renewal
96 period if the owner is not a natural person. The validation
97 sticker shall be placed on the upper right corner of the license
98 plate. The license plate and validation sticker shall be issued
99 based on the applicant’s appropriate renewal period. The
100 registration period is 12 months, the extended registration
101 period is 24 months, and all expirations occur based on the
102 applicant’s appropriate registration period. Rental vehicles
103 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
104 pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a)-(d) may
105 elect a permanent registration period, provided payment of the
106 appropriate license taxes and fees occurs annually.
107 2. A vehicle that has an apportioned registration shall be
108 issued an annual license plate and a cab card that denote the
109 declared gross vehicle weight for each apportioned jurisdiction
110 in which the vehicle is authorized to operate. This subparagraph
111 expires June 30, 2024.
112 3. Beginning July 1, 2024, a vehicle registered in
113 accordance with the International Registration Plan must be
114 issued a license plate for a 3-year period. At the end of the 3
115 year period, upon renewal, the license plate must be replaced.
116 Each license plate must include a validation sticker showing the
117 month of expiration. A cab card denoting the declared gross
118 vehicle weight for each apportioned jurisdiction must be issued
119 annually. The fee for an original or a renewal cab card is $28,
120 which must be deposited into the Highway Safety Operating Trust
121 Fund. If the license plate is damaged or worn, it may be
122 replaced at no charge by applying to the department and
123 surrendering the current license plate.
124 4. In order to retain the efficient administration of the
125 taxes and fees imposed by this chapter, the 80-cent fee increase
126 in the replacement fee imposed by chapter 2009-71, Laws of
127 Florida, is negated as provided in s. 320.0804.
128 (3)(a) Registration license plates must be made of metal
129 specially treated with a retroreflection material, as specified
130 by the department. The registration license plate is designed to
131 increase nighttime visibility and legibility and must be at
132 least 6 inches wide and not less than 12 inches in length,
133 unless a plate with reduced dimensions is deemed necessary by
134 the department to accommodate motorcycles, mopeds, or similar
135 smaller vehicles, or trailers. Validation stickers must also be
136 treated with a retroreflection material, must be of such size as
137 specified by the department, and must adhere to the license
138 plate. The registration license plate must be imprinted with a
139 combination of bold letters and numerals or numerals, not to
140 exceed seven digits, to identify the registration license plate
141 number. The license plate must be imprinted with the word
142 “Florida” at the top and the name of the county in which it is
143 sold, the state motto, or the words “Sunshine State” at the
144 bottom. Apportioned license plates must have the word
145 “Apportioned” at the bottom, and license plates issued for
146 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
147 (c), or (14) must have the word “Restricted” at the bottom.
148 License plates issued for vehicles taxed under s. 320.08(12)
149 must be imprinted with the word “Florida” at the top and the
150 word “Dealer” at the bottom unless the license plate is a
151 specialty license plate as authorized in s. 320.08056.
152 Manufacturer license plates issued for vehicles taxed under s.
153 320.08(12) must be imprinted with the word “Florida” at the top
154 and the word “Manufacturer” at the bottom. License plates issued
155 for vehicles taxed under s. 320.08(5)(d) or (e) must be
156 imprinted with the word “Wrecker” at the bottom. Any county may,
157 upon majority vote of the county commission, elect to have the
158 county name removed from the license plates sold in that county.
159 The state motto or the words “Sunshine State” shall be printed
160 in lieu thereof. A license plate issued for a vehicle taxed
161 under s. 320.08(6) may not be assigned a registration license
162 number, or be issued with any other distinctive character or
163 designation, that distinguishes the motor vehicle as a for-hire
164 motor vehicle.
165 Section 4. Subsection (1) of section 320.084, Florida
166 Statutes, is amended, and subsection (6) is added to that
167 section, to read:
168 320.084 Free motor vehicle license plate to certain
169 disabled veterans.—
170 (1) One free “DV” motor vehicle license number plate shall
171 be issued by the department for use on any motor vehicle owned
172 or leased by any disabled veteran who has been a resident of
173 this state continuously for the preceding 5 years or has
174 established a domicile in this state as provided by s.
175 222.17(1), (2), or (3), and who has been honorably discharged
176 from the United States Armed Forces, upon application,
177 accompanied by proof that:
178 (a) A vehicle was initially acquired through financial
179 assistance by the United States Department of Veterans Affairs
180 or its predecessor specifically for the purchase of an
181 automobile;
182 (b) The applicant has been determined by the United States
183 Department of Veterans Affairs or its predecessor to have a
184 service-connected 100-percent disability rating for
185 compensation; or
186 (c) The applicant has been determined to have a service
187 connected disability rating of 100 percent and is in receipt of
188 disability retirement pay from any branch of the United States
189 Armed Services.
190 (6)(a) A disabled veteran who meets the requirements of
191 subsection (1) may be issued, in lieu of the “DV” license plate,
192 a military license plate for which he or she is eligible or a
193 specialty license plate. A disabled veteran electing a military
194 license plate or specialty license plate under this subsection
195 must pay all applicable fees related to such license plate.
196 (b) A military license plate or specialty license plate
197 elected under this subsection:
198 1. Does not provide the protections or rights afforded by
199 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
200 2. Is not eligible for the international symbol of
201 accessibility as described in s. 320.0842.
202 Section 5. Subsection (2) of section 320.131, Florida
203 Statutes, is amended, and paragraphs (m) and (n) are added to
204 subsection (1) of that section, to read:
205 320.131 Temporary tags.—
206 (1) The department is authorized and empowered to design,
207 issue, and regulate the use of temporary tags to be designated
208 “temporary tags” for use in the following cases:
209 (m) When the existing owner of a vehicle has submitted an
210 application to transfer a valid out-of-state title that is
211 subject to a lien. A temporary tag issued for this purpose shall
212 be valid for 60 days.
213 (n) When an active-duty military servicemember who has a
214 valid Florida driver license provides evidence satisfactory to
215 the department that he or she is deployed outside this state. A
216 temporary tag issued for this purpose shall be valid for 60
217 days.
218
219 Further, the department is authorized to disallow the purchase
220 of temporary tags by licensed dealers, common carriers, or
221 financial institutions in those cases where abuse has occurred.
222 (2) The department may is authorized to sell temporary
223 tags, in addition to those listed above, to its their agents and
224 where need is demonstrated by a consumer complainant. The fee
225 for a temporary tag issued under this section shall be $2 each.
226 One dollar from each tag sold shall be deposited into the Brain
227 and Spinal Cord Injury Program Trust Fund, with the remaining
228 proceeds being deposited into the Highway Safety Operating Trust
229 Fund. Agents of the department shall sell temporary tags for $2
230 each and shall charge the service charge authorized by s. 320.04
231 per transaction, regardless of the quantity sold. Requests for
232 purchase of temporary tags to the department or its agents shall
233 be made, where applicable, on letterhead stationery and
234 notarized. Except as specifically provided otherwise, a
235 temporary tag issued under this section shall be valid for 30
236 days, and no more than two shall be issued to the same person
237 for the same vehicle.
238 Section 6. This act shall take effect July 1, 2024.