Florida 2023 2023 Regular Session

Florida House Bill H0973 Introduced / Bill

Filed 02/21/2023

                       
 
HB 973  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0973-00 
Page 1 of 2 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to discharge of a lien on a motor 2 
vehicle; creating s. 319.242, F.S.; authorizing a 3 
motor vehicle dealer who is unable to obtain a 4 
certificate of title for a motor vehicle acquired 5 
through satisfaction of a lien to apply to the 6 
Department of Highway Safety and Motor Vehicles for 7 
such certificate; providing application requirements; 8 
providing liability for certain outstanding balances; 9 
providing for legal remedy; authorizing revalidation 10 
of a previous certificate of title under certain 11 
circumstances; providing an effective date. 12 
 13 
Be It Enacted by the Legislature of the State of Florida: 14 
 15 
 Section 1.  Section 319.242, Florida Statu tes, is created 16 
to read: 17 
 319.242  Discharge of lien. — 18 
 (1)  A motor vehicle dealer who is unable to obtain a 19 
certificate of title from the lienholder for a motor vehicle 20 
acquired through satisfaction of a lien as required in s. 21 
319.24(5) may apply to the department for a certificate of title 22 
in the name of the motor vehicle dealer 20 days after the date 23 
of full payment for the motor vehicle if the motor vehicle 24 
dealer provides at the time of application: 25     
 
HB 973  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0973-00 
Page 2 of 2 
F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (a)  Evidence of lien satisfaction in the form of a release 26 
of lien, proof of payment, electronic funds transfer, or other 27 
evidence acceptable to the department that full payment was made 28 
to the lienholder. 29 
 (b)  Evidence of ownership transfer from the recorded owner 30 
to the motor vehicle dealer. 31 
 (c)  If the vehicle is subject to odometer disclosure under 32 
s. 319.225, odometer disclosure upon a secure power of attorney 33 
form. 34 
 (2)  A motor vehicle dealer who is issued a certificate of 35 
title under this section assumes liability for any outstanding 36 
balance due to a lienholder, and a lienholder may exercise any 37 
available legal remedy to collect such balance. If the 38 
certificate of title issued under this section is subsequently 39 
canceled under s. 319.25, the department may revalidate a 40 
previous certificate of title . 41 
 Section 2.  This act shall take effect July 1, 2023. 42