HB 1085 2023
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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 the Department of Highway Safety 2
and Motor Vehicles; amending s. 319.28, F.S.; revising 3
requirements for the transfer of ownership of a motor 4
vehicle or mobile home if the previous owner died 5
testate; amending s. 319.29, F.S.; authorizing 6
application for reissuance of a certificate of title 7
issued by a tax collector which is lost and not 8
delivered; amending s. 320.06, F.S.; specifying the 9
weight of a vehicle for which the department may deem 10
necessary a license plate with reduced dimensions; 11
amending s. 320.084, F.S.; authorizing certain 12
disabled veterans to be issued a military license 13
plate or specialty license plate in lieu of a "DV" 14
license plate; amending s. 322.141, F.S.; requiring 15
certain information on the driver license or 16
identification card of a sexual offender or sexual 17
predator to be printed in red; providing requirements 18
for a sexual offender's or sexual predator's 19
presentation of the license or identification card to 20
certain persons; providing an effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraph (b) of subsection (1) of section 25
HB 1085 2023
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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
319.28, Florida Statutes, is amended to read: 26
319.28 Transfer of ownership by operation of law. — 27
(1) 28
(b) When the application for a certificate of title is 29
made by an heir of a previous owner who died intestate, it shall 30
not be necessary to accompany the application with an order of a 31
probate court if the applicant files with the department an 32
affidavit that the estate is not indebted and the surviving 33
spouse, if any, and the heirs, if any, have amicably agreed 34
among themselves upon a division of the estate. If the previous 35
owner died testate, the appli cation shall be accompanied by : 36
1. A certified copy of the will, if probated, and an 37
affidavit that the estate is solvent with sufficient assets to 38
pay all just claims; or, 39
2. If the will is not being probated, by a sworn copy of 40
the will and an affida vit that the estate is not indebted ; or 41
3. An affidavit developed by the department, attested to 42
under penalty of perjury by an attorney licensed in this state 43
indicating the rightful heir or heirs and that such heir or 44
heirs are legally entitled to appl y for a certificate of title 45
under this section and ss. 319.32(7), 320.0609(7), 732.507(2), 46
732.515, 732.802, and 733.615, and signed under penalty of 47
perjury by such heir or heirs . 48
Section 2. Subsection (3) of section 319.29, Florida 49
Statutes, is amended to read: 50
HB 1085 2023
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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
319.29 Lost or destroyed certificates. — 51
(3) If, following the issuance of an original, duplicate, 52
or corrected certificate of title by the department or a tax 53
collector, the certificate is lost in transit and is not 54
delivered to the addres see, the owner of the motor vehicle or 55
mobile home, or the holder of a lien thereon, may, within 180 56
days after of the date of issuance of the title, apply to the 57
department for reissuance of the certificate of title. An No 58
additional fee shall not be charged for reissuance under this 59
subsection. 60
Section 3. Paragraph (a) of subsection (3) of section 61
320.06, Florida Statutes, is amended to read: 62
320.06 Registration certificates, license plates, and 63
validation stickers generally. — 64
(3)(a) Registration license plates must be made of metal 65
specially treated with a retroreflection material, as specified 66
by the department. The registration license plate is designed to 67
increase nighttime visibility and legibility and must be at 68
least 6 inches wide and not le ss than 12 inches in length, 69
unless a plate with reduced dimensions is deemed necessary by 70
the department to accommodate motorcycles, mopeds, or similar 71
smaller vehicles weighing less than 4,999 pounds . Validation 72
stickers must also be treated with a retro reflection material, 73
must be of such size as specified by the department, and must 74
adhere to the license plate. The registration license plate must 75
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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
be imprinted with a combination of bold letters and numerals or 76
numerals, not to exceed seven digits, to ide ntify the 77
registration license plate number. The license plate must be 78
imprinted with the word "Florida" at the top and the name of the 79
county in which it is sold, the state motto, or the words 80
"Sunshine State" at the bottom. Apportioned license plates mus t 81
have the word "Apportioned" at the bottom, and license plates 82
issued for vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), 83
(5)(b) or (c), or (14) must have the word "Restricted" at the 84
bottom. License plates issued for vehicles taxed under s. 85
320.08(12) must be imprinted with the word "Florida" at the top 86
and the word "Dealer" at the bottom unless the license plate is 87
a specialty license plate as authorized in s. 320.08056. 88
Manufacturer license plates issued for vehicles taxed under s. 89
320.08(12) must be imprinted with the word "Florida" at the top 90
and the word "Manufacturer" at the bottom. License plates issued 91
for vehicles taxed under s. 320.08(5)(d) or (e) must be 92
imprinted with the word "Wrecker" at the bottom. Any county may, 93
upon majority vote of the county commission, elect to have the 94
county name removed from the license plates sold in that county. 95
The state motto or the words "Sunshine State" shall be printed 96
in lieu thereof. A license plate issued for a vehicle taxed 97
under s. 320.08(6) may not be assigned a registration license 98
number, or be issued with any other distinctive character or 99
designation, that distinguishes the motor vehicle as a for -hire 100
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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
motor vehicle. 101
Section 4. Subsection (5) of section 320.084, Florida 102
Statutes, is renumbered as subsection (6), and a new subsection 103
(5) is added to that section to read: 104
320.084 Free motor vehicle license plate to certain 105
disabled veterans.— 106
(5) A disabled veteran who meets the requirements of 107
subsection (1) may, upon application and payment of the license 108
tax prescribed by s. 320.08, be issued a military license plate 109
for which he or she is eligible or a specialty license plate in 110
lieu of the "DV" license plate. 111
Section 5. Subsection (4) of section 322.141, Florida 112
Statutes, is renumbere d as subsection (5), subsection (3) is 113
amended, and a new subsection (4) is added to that section, to 114
read: 115
322.141 Color or markings of certain licenses or 116
identification cards. — 117
(3) All licenses for the operation of motor vehicles or 118
identification cards originally issued or reissued by the 119
department to persons who are designated as sexual predators 120
under s. 775.21 or subject to registration as sexual offenders 121
under s. 943.0435 or s. 944.607, or who have a similar 122
designation or are subject to a sim ilar registration under the 123
laws of another jurisdiction, shall have all personal 124
information printed on the front of the license or 125
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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
identification card in the color red, including the following: 126
(a) For a person designated as a sexual predator under s. 127
775.21 or who has a similar designation under the laws of 128
another jurisdiction, the marking "SEXUAL PREDATOR." 129
(b) For a person subject to registration as a sexual 130
offender under s. 943.0435 or s. 944.607, or subject to a 131
similar registration under the l aws of another jurisdiction, the 132
marking "943.0435, F.S." 133
(4) A sexual offender or sexual predator who is asked by a 134
law enforcement officer, school resource officer, school 135
official, day care operator, or government official to present 136
his or her driver license or identification card must completely 137
remove the license or identification card from the place in 138
which it is stored or contained and present the license or 139
identification card to the law enforcement officer, school 140
resource officer, school offic ial, day care operator, or 141
government official without any of the colors or markings 142
required under subsection (3) being obscured or hidden. 143
Section 6. This act shall take effect July 1, 2023. 144