CS for CS for SB 736 First Engrossed (ntc)
2024736e1
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. 320.03,
14 F.S.; requiring tax collectors in specified political
15 subdivisions to appoint a general lines agency as an
16 agent for the tax collector for certain purposes upon
17 petition by the agent in charge of the general lines
18 agency; providing requirements for a general lines
19 agency appointed as an agent for a tax collector;
20 authorizing the department to adopt rules to
21 administer this section; amending s. 320.06, F.S.;
22 authorizing permanent registration of certain rental
23 trucks; authorizing the department to deem a license
24 plate with reduced dimensions to be necessary to
25 accommodate trailers; amending s. 320.084, F.S.;
26 authorizing certain disabled veterans to be issued a
27 military license plate or specialty license plate in
28 lieu of a “DV” license plate; requiring the veteran to
29 pay all fees associated with the license plate;
30 specifying applicable fees; providing applicability;
31 amending s. 320.131, F.S.; authorizing the department
32 to design, issue, and regulate the use of temporary
33 tags when the existing owner of a vehicle has
34 submitted an application to transfer a valid out-of
35 state title that is subject to a lien; authorizing the
36 department to design, issue, and regulate the use of
37 temporary tags when an active-duty military
38 servicemember who has a valid Florida driver license
39 provides evidence satisfactory to the department that
40 he or she is deployed outside this state; providing
41 the period of validity of such temporary tags;
42 removing provisions requiring a written, notarized
43 request for the purchase of a temporary tag;
44 conforming provisions to changes made by the act;
45 providing effective dates.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Present paragraphs (c) and (d) of subsection (1)
50 of section 319.28, Florida Statutes, are redesignated as
51 paragraphs (d) and (e), respectively, and a new paragraph (c) is
52 added to that subsection, to read:
53 319.28 Transfer of ownership by operation of law.—
54 (1)
55 (c) If the previous owner died testate and the application
56 for a certificate of title is made by, and accompanied by an
57 affidavit attested by, a Florida-licensed attorney in good
58 standing with The Florida Bar, such affidavit shall, for
59 purposes of paragraph (a), establish a presumption of ownership,
60 absent information received to the contrary, and right of
61 possession to the motor vehicle or mobile home, so long as the
62 affidavit sets forth the rightful heir or heirs and the attorney
63 attests in the affidavit that such heir or heirs are lawfully
64 entitled to the rights of ownership and possession of the motor
65 vehicle or mobile home. It is not necessary for the application
66 for certificate of title filed under this paragraph to be
67 accompanied by a copy of the will or other testamentary
68 instrument.
69 Section 2. Subsection (3) of section 319.29, Florida
70 Statutes, is amended to read:
71 319.29 Lost or destroyed certificates.—
72 (3) If, following the issuance of an original, duplicate,
73 or corrected certificate of title by the department, the
74 certificate is lost in transit and is not delivered to the
75 addressee, the owner of the motor vehicle or mobile home, or the
76 holder of a lien thereon, may, within 180 days of the date of
77 issuance of the title, apply to the department for reissuance of
78 the certificate of title. An No additional fee may not shall be
79 charged by the department or a tax collector, as agent for the
80 department, for reissuance under this subsection.
81 Section 3. Effective July 1, 2025, subsection (11) is added
82 to section 320.03, Florida Statutes, to read:
83 320.03 Registration; duties of tax collectors;
84 International Registration Plan.—
85 (11)(a) In political subdivisions with a population of 1.9
86 million or greater, pursuant to the 2020 census, upon petition
87 by the agent in charge of a general lines agency licensed
88 pursuant to chapter 626 and appointed to write motor vehicle
89 insurance, the tax collector must appoint such agency as an
90 agent for the tax collector for purposes of issuing registration
91 certificates, registration license plates, validation stickers,
92 and mobile home stickers to applicants, excluding issuance of
93 registration or trip permits pursuant to s. 320.0715.
94 (b) A general lines agency appointed as an agent for a tax
95 collector under this subsection:
96 1. Must provide a performance bond of $2 million to the
97 department;
98 2. Must provide audited financial statements, from a
99 certified public accountant licensed to practice in this state,
100 for each of the previous 2 years demonstrating that the agency
101 has produced policy premiums in excess of $500 million in each
102 of the previous 2 years;
103 3. May not offer such services at more than five locations
104 in each county where the agency has a branch office;
105 4. Is subject to all provisions of law as though such agent
106 is a private tag agency or agent, except where the context
107 clearly indicates otherwise.
108 (c) The department may adopt rules to administer this
109 subsection, including, but not limited to, rules establishing
110 information that must be contained in a petition to offer
111 services under this subsection and information that must be
112 contained in the audited financial statements and enforcement
113 authority for noncompliance.
114 Section 4. Paragraph (b) of subsection (1) and paragraph
115 (a) of subsection (3) of section 320.06, Florida Statutes, are
116 amended to read:
117 320.06 Registration certificates, license plates, and
118 validation stickers generally.—
119 (1)
120 (b)1. Registration license plates bearing a graphic symbol
121 and the alphanumeric system of identification shall be issued
122 for a 10-year period. At the end of the 10-year period, upon
123 renewal, the plate shall be replaced. The department shall
124 extend the scheduled license plate replacement date from a 6
125 year period to a 10-year period. The fee for such replacement is
126 $28, $2.80 of which shall be paid each year before the plate is
127 replaced, to be credited toward the next $28 replacement fee.
128 The fees shall be deposited into the Highway Safety Operating
129 Trust Fund. A credit or refund may not be given for any prior
130 years’ payments of the prorated replacement fee if the plate is
131 replaced or surrendered before the end of the 10-year period,
132 except that a credit may be given if a registrant is required by
133 the department to replace a license plate under s.
134 320.08056(8)(a). With each license plate, a validation sticker
135 shall be issued showing the owner’s birth month, license plate
136 number, and the year of expiration or the appropriate renewal
137 period if the owner is not a natural person. The validation
138 sticker shall be placed on the upper right corner of the license
139 plate. The license plate and validation sticker shall be issued
140 based on the applicant’s appropriate renewal period. The
141 registration period is 12 months, the extended registration
142 period is 24 months, and all expirations occur based on the
143 applicant’s appropriate registration period. Rental vehicles
144 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
145 pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a)-(d) may
146 elect a permanent registration period, provided payment of the
147 appropriate license taxes and fees occurs annually.
148 2. A vehicle that has an apportioned registration shall be
149 issued an annual license plate and a cab card that denote the
150 declared gross vehicle weight for each apportioned jurisdiction
151 in which the vehicle is authorized to operate. This subparagraph
152 expires June 30, 2024.
153 3. Beginning July 1, 2024, a vehicle registered in
154 accordance with the International Registration Plan must be
155 issued a license plate for a 3-year period. At the end of the 3
156 year period, upon renewal, the license plate must be replaced.
157 Each license plate must include a validation sticker showing the
158 month of expiration. A cab card denoting the declared gross
159 vehicle weight for each apportioned jurisdiction must be issued
160 annually. The fee for an original or a renewal cab card is $28,
161 which must be deposited into the Highway Safety Operating Trust
162 Fund. If the license plate is damaged or worn, it may be
163 replaced at no charge by applying to the department and
164 surrendering the current license plate.
165 4. In order to retain the efficient administration of the
166 taxes and fees imposed by this chapter, the 80-cent fee increase
167 in the replacement fee imposed by chapter 2009-71, Laws of
168 Florida, is negated as provided in s. 320.0804.
169 (3)(a) Registration license plates must be made of metal
170 specially treated with a retroreflection material, as specified
171 by the department. The registration license plate is designed to
172 increase nighttime visibility and legibility and must be at
173 least 6 inches wide and not less than 12 inches in length,
174 unless a plate with reduced dimensions is deemed necessary by
175 the department to accommodate motorcycles, mopeds, or similar
176 smaller vehicles, or trailers. Validation stickers must also be
177 treated with a retroreflection material, must be of such size as
178 specified by the department, and must adhere to the license
179 plate. The registration license plate must be imprinted with a
180 combination of bold letters and numerals or numerals, not to
181 exceed seven digits, to identify the registration license plate
182 number. The license plate must be imprinted with the word
183 “Florida” at the top and the name of the county in which it is
184 sold, the state motto, or the words “Sunshine State” at the
185 bottom. Apportioned license plates must have the word
186 “Apportioned” at the bottom, and license plates issued for
187 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
188 (c), or (14) must have the word “Restricted” at the bottom.
189 License plates issued for vehicles taxed under s. 320.08(12)
190 must be imprinted with the word “Florida” at the top and the
191 word “Dealer” at the bottom unless the license plate is a
192 specialty license plate as authorized in s. 320.08056.
193 Manufacturer license plates issued for vehicles taxed under s.
194 320.08(12) must be imprinted with the word “Florida” at the top
195 and the word “Manufacturer” at the bottom. License plates issued
196 for vehicles taxed under s. 320.08(5)(d) or (e) must be
197 imprinted with the word “Wrecker” at the bottom. Any county may,
198 upon majority vote of the county commission, elect to have the
199 county name removed from the license plates sold in that county.
200 The state motto or the words “Sunshine State” shall be printed
201 in lieu thereof. A license plate issued for a vehicle taxed
202 under s. 320.08(6) may not be assigned a registration license
203 number, or be issued with any other distinctive character or
204 designation, that distinguishes the motor vehicle as a for-hire
205 motor vehicle.
206 Section 5. Subsection (1) of section 320.084, Florida
207 Statutes, is amended, and subsection (6) is added to that
208 section, to read:
209 320.084 Free motor vehicle license plate to certain
210 disabled veterans.—
211 (1) One free “DV” motor vehicle license number plate shall
212 be issued by the department for use on any motor vehicle owned
213 or leased by any disabled veteran who has been a resident of
214 this state continuously for the preceding 5 years or has
215 established a domicile in this state as provided by s.
216 222.17(1), (2), or (3), and who has been honorably discharged
217 from the United States Armed Forces, upon application,
218 accompanied by proof that:
219 (a) A vehicle was initially acquired through financial
220 assistance by the United States Department of Veterans Affairs
221 or its predecessor specifically for the purchase of an
222 automobile;
223 (b) The applicant has been determined by the United States
224 Department of Veterans Affairs or its predecessor to have a
225 service-connected 100-percent disability rating for
226 compensation; or
227 (c) The applicant has been determined to have a service
228 connected disability rating of 100 percent and is in receipt of
229 disability retirement pay from any branch of the United States
230 Armed Services.
231 (6)(a) A disabled veteran who meets the requirements of
232 subsection (1) may be issued, in lieu of the “DV” license plate,
233 a military license plate for which he or she is eligible or a
234 specialty license plate. A disabled veteran electing a military
235 license plate or specialty license plate under this subsection
236 must pay all applicable fees related to such license plate,
237 except for fees otherwise waived under subsections (1) and (4).
238 (b) A military license plate or specialty license plate
239 elected under this subsection:
240 1. Does not provide the protections or rights afforded by
241 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
242 2. Is not eligible for the international symbol of
243 accessibility as described in s. 320.0842.
244 Section 6. Subsection (2) of section 320.131, Florida
245 Statutes, is amended, and paragraphs (m) and (n) are added to
246 subsection (1) of that section, to read:
247 320.131 Temporary tags.—
248 (1) The department is authorized and empowered to design,
249 issue, and regulate the use of temporary tags to be designated
250 “temporary tags” for use in the following cases:
251 (m) When the existing owner of a vehicle has submitted an
252 application to transfer a valid out-of-state title that is
253 subject to a lien. A temporary tag issued for this purpose shall
254 be valid for 60 days.
255 (n) When an active-duty military servicemember who has a
256 valid Florida driver license provides evidence satisfactory to
257 the department that he or she is deployed outside this state. A
258 temporary tag issued for this purpose shall be valid for 60
259 days.
260
261 Further, the department is authorized to disallow the purchase
262 of temporary tags by licensed dealers, common carriers, or
263 financial institutions in those cases where abuse has occurred.
264 (2) The department may is authorized to sell temporary
265 tags, in addition to those listed above, to its their agents and
266 where need is demonstrated by a consumer complainant. The fee
267 for a temporary tag issued under this section shall be $2 each.
268 One dollar from each tag sold shall be deposited into the Brain
269 and Spinal Cord Injury Program Trust Fund, with the remaining
270 proceeds being deposited into the Highway Safety Operating Trust
271 Fund. Agents of the department shall sell temporary tags for $2
272 each and shall charge the service charge authorized by s. 320.04
273 per transaction, regardless of the quantity sold. Requests for
274 purchase of temporary tags to the department or its agents shall
275 be made, where applicable, on letterhead stationery and
276 notarized. Except as specifically provided otherwise, a
277 temporary tag issued under this section shall be valid for 30
278 days, and no more than two shall be issued to the same person
279 for the same vehicle.
280 Section 7. Except as otherwise expressly provided in this
281 act, this act shall take effect July 1, 2024.