Florida 2024 2024 Regular Session

Florida House Bill H0247 Introduced / Bill

Filed 10/20/2023

                       
 
HB 247  	2024 
 
 
 
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A bill to be entitled 1 
An act relating to services provided by the Department 2 
of Highway Safety and Motor Vehicles or its agents; 3 
amending s. 319.28, F.S.; providing that a certain 4 
affidavit constitutes proof of ownership and right of 5 
possession to a motor vehicle or mobile home the 6 
previous owner of which died testate; amending s. 7 
319.29, F.S.; prohibiting the department or a tax 8 
collector from charging a fee for reissuance of 9 
certain certificates of title; amending s. 320.06, 10 
F.S.; authorizing the department to deem a license 11 
plate with reduced dimensions to be necessary to 12 
accommodate trailers; amending s. 320.084, F.S.; 13 
authorizing certain disabled veterans to be issued a 14 
military license plate or specialty license plate in 15 
lieu of a "DV" license plate; specifying applicable 16 
fees; specifying nonapplicability of certain 17 
provisions; amending s. 320.131, F.S.; removing 18 
provisions requiring a written, notarized request for 19 
the purchase of a temporary tag; authorizing the 20 
department or its agents to renew an initial temporary 21 
tag, subject to certain provisions; providing an 22 
effective date. 23 
 24 
Be It Enacted by the Legislature of the State of Florida: 25     
 
HB 247  	2024 
 
 
 
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 26 
 Section 1.  Paragraphs (c) and ( d) of subsection (1) of 27 
section 319.28, Florida Statutes, are redesignated as paragraphs 28 
(d) and (e), respectively, and a new paragraph (c) is added to 29 
that subsection to read: 30 
 319.28  Transfer of ownership by operation of law. — 31 
 (1) 32 
 (c)  If the previous owner died testate and the application 33 
for a certificate of title is made by, and accompanied by an 34 
affidavit attested by, a Florida -licensed attorney in good 35 
standing with The Florida Bar who is representing the previous 36 
owner's estate, such affidavit sh all, for purposes of paragraph 37 
(a), constitute satisfactory proof of ownership and right of 38 
possession to the motor vehicle or mobile home, so long as the 39 
affidavit sets forth the rightful heir or heirs and the attorney 40 
attests in the affidavit that such h eir or heirs are lawfully 41 
entitled to the rights of ownership and possession of the motor 42 
vehicle or mobile home. It shall not be necessary for the 43 
application for certificate of title filed under this paragraph 44 
to be accompanied by a copy of the will or o ther testamentary 45 
instrument. 46 
 Section 2.  Subsection (3) of section 319.29, Florida 47 
Statutes, is amended to read: 48 
 319.29  Lost or destroyed certificates. — 49 
 (3)  If, following the issuance of an original, duplicate, 50     
 
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or corrected certificate of title by the department, the 51 
certificate is lost in transit and is not delivered to the 52 
addressee, the owner of the motor vehicle or mobile home, or the 53 
holder of a lien thereon, may, within 180 days after of the date 54 
of issuance of the title, apply to the departme nt for reissuance 55 
of the certificate of title. An No additional fee shall not be 56 
charged by the department or a tax collector, as agent for the 57 
department, for reissuance under this subsection. 58 
 Section 3.  Paragraph (a) of subsection (3) of section 59 
320.06, Florida Statutes, is amended to read: 60 
 320.06  Registration certificates, license plates, and 61 
validation stickers generally. — 62 
 (3)(a)  Registration license plates must be made of metal 63 
specially treated with a retroreflection material, as specified 64 
by the department. The registration license plate is designed to 65 
increase nighttime visibility and legibility and must be at 66 
least 6 inches wide and not less than 12 inches in length, 67 
unless a plate with reduced dimensions is deemed necessary by 68 
the department to accommodate motorcycles, mopeds, or similar 69 
smaller vehicles, or trailers. Validation stickers must also be 70 
treated with a retroreflection material, must be of such size as 71 
specified by the department, and must adhere to the license 72 
plate. The registration license plate must be imprinted with a 73 
combination of bold letters and numerals or numerals, not to 74 
exceed seven digits, to identify the registration license plate 75     
 
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number. The license plate must be imprinted with the word 76 
"Florida" at the top and the name of the county in which it is 77 
sold, the state motto, or the words "Sunshine State" at the 78 
bottom. Apportioned license plates must have the word 79 
"Apportioned" at the bottom, and license plates issued for 80 
vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 81 
(c), or (14) must have the word "Restricted" at the bottom. 82 
License plates issued for vehicles taxed under s. 320.08(12) 83 
must be imprinted with the word "Florida" at the top and the 84 
word "Dealer" at the bottom unless the license plate is a 85 
specialty license plate as authorized in s. 320.08056. 86 
Manufacturer license plates issued for vehicles taxed under s. 87 
320.08(12) must be imprinted with the word "Florida" at the top 88 
and the word "Manufacturer" at the bottom. License plates issued 89 
for vehicles taxed under s. 320.08(5)(d) or (e) must be 90 
imprinted with the word "Wrecker" at the bottom. Any county may, 91 
upon majority vote of the county commission, elect to have the 92 
county name removed from the license plates sold in that county. 93 
The state motto or the words "Sunshine State" shall be printed 94 
in lieu thereof. A license plate issued for a vehicle taxed 95 
under s. 320.08(6) may not be assigned a registration license 96 
number, or be issued with any other distinctive character or 97 
designation, that distingui shes the motor vehicle as a for -hire 98 
motor vehicle. 99 
 Section 4.  Subsection (1) of section 320.084, Florida 100     
 
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Statutes, is amended, and subsection (6) is added to that 101 
section, to read: 102 
 320.084  Free motor vehicle license plate to certain 103 
disabled veterans.— 104 
 (1)  One free "DV" motor vehicle license number plate shall 105 
be issued by the department for use on any motor vehicle owned 106 
or leased by any disabled veteran who has been a resident of 107 
this state continuously for the preceding 5 years or has 108 
established a domicile in this state as provided by s. 109 
222.17(1), (2), or (3), and who has been honorably discharged 110 
from the United States Armed Forces, upon application, 111 
accompanied by proof that: 112 
 (a)  A vehicle was initially acquired through financial 113 
assistance by the United States Department of Veterans Affairs 114 
or its predecessor specifically for the purchase of an 115 
automobile; 116 
 (b)  The applicant has been determined by the United States 117 
Department of Veterans Affairs or its predecessor to have a 118 
service-connected 100-percent disability rating for 119 
compensation; or 120 
 (c)  The applicant has been determined to have a service -121 
connected disability rating of 100 percent and is in receipt of 122 
disability retirement pay from any branch of the United States 123 
Armed Services. 124 
 (6)(a)  A disabled veteran who meets the requirements of 125     
 
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subsection (1) may be issued, in lieu of the "DV" license plate, 126 
a military license plate for which he or she is eligible or a 127 
specialty license plate. A disabled veteran electing a military 128 
license plate or specialty license plate under this subsection 129 
must pay all applicable fees related to such license plate, 130 
except for fees otherwise waived under subsections (1) and (4). 131 
 (b)  A military license plate or specialty license plate 132 
elected under this subsection: 133 
 1.  Does not provide the protections or rights afforded by 134 
ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 135 
 2.  Is not eligible for the international symbol of 136 
accessibility as described in s. 320.0842. 137 
 Section 5.  Subsection (2) o f section 320.131, Florida 138 
Statutes, is amended to read: 139 
 320.131  Temporary tags. — 140 
 (2)(a) The department may is authorized to sell temporary 141 
tags, in addition to those listed above, to its their agents and 142 
where need is demonstrated by a consumer compla inant. The fee 143 
for a temporary tag issued under this section shall be $2 each. 144 
One dollar from each tag sold shall be deposited into the Brain 145 
and Spinal Cord Injury Program Trust Fund, with the remaining 146 
proceeds being deposited into the Highway Safety Op erating Trust 147 
Fund. Agents of the department shall sell temporary tags for $2 148 
each and shall charge the service charge authorized by s. 320.04 149 
per transaction, regardless of the quantity sold. Requests for 150     
 
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purchase of temporary tags to the department or it s agents shall 151 
be made, where applicable, on letterhead stationery and 152 
notarized. Except as specifically provided otherwise, a 153 
temporary tag issued under this section shall be valid for 30 154 
days, and no more than two shall be issued to the same person 155 
for the same vehicle.  156 
 (b)  At the request of the applicant, the department or its 157 
agents may, in lieu of issuing a second temporary tag under 158 
paragraph (a), renew the initial temporary tag for the same 159 
period applicable to the initial issuance. Such renewal i s 160 
subject to the fee, service charge, and deposit requirements 161 
provided in paragraph (a). 162 
 Section 6.  This act shall take effect July 1, 2024. 163