Florida 2024 2024 Regular Session

Florida House Bill H0247 Comm Sub / Bill

Filed 01/22/2024

                       
 
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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 establishes a presumption of ownership and 5 
right of possession to a motor vehicle or mobile home 6 
the previous owner of which died testate; requiring 7 
the attesting attorney to provide to the department a 8 
current copy of his or her certificate of g ood 9 
standing issued by The Florida Bar; amending s. 10 
319.29, F.S.; prohibiting the department or a tax 11 
collector from charging a fee for reissuance of 12 
certain certificates of title; amending s. 320.06, 13 
F.S.; authorizing permanent registration of certain 14 
rental trucks; authorizing the department to deem a 15 
license plate with reduced dimensions to be necessary 16 
to accommodate trailers; amending s. 320.084, F.S.; 17 
authorizing certain disabled veterans to be issued a 18 
military license plate or specialty license plat e in 19 
lieu of a "DV" license plate; specifying applicable 20 
fees; specifying nonapplicability of certain 21 
provisions; amending s. 320.131, F.S.; authorizing the 22 
department to design, issue, and regulate the use of 23 
temporary tags where the existing owner of a v ehicle 24 
has submitted an application to transfer a valid out -25     
 
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of-state title that is subject to a lien; authorizing 26 
the department to design, issue, and regulate the use 27 
of temporary tags where an active -duty military 28 
servicemember who has a valid Florida dr iver license 29 
provides evidence satisfactory to the department that 30 
he or she is deployed outside this state; providing 31 
the period of validity of such temporary tags; 32 
removing provisions requiring a written, notarized 33 
request for the purchase of a temporary tag; providing 34 
an effective date. 35 
 36 
Be It Enacted by the Legislature of the State of Florida: 37 
 38 
 Section 1.  Paragraphs (c) and (d) of subsection (1) of 39 
section 319.28, Florida Statutes, are redesignated as paragraphs 40 
(d) and (e), respectively, and a new paragraph (c) is added to 41 
that subsection to read: 42 
 319.28  Transfer of ownership by operation of law. — 43 
 (1) 44 
 (c)  If the previous owner died testate and the application 45 
for a certificate of title is made by, and accompanied by an 46 
affidavit attested by , a Florida-licensed attorney in good 47 
standing with The Florida Bar who is representing the previous 48 
owner's estate, such affidavit shall, for purposes of paragraph 49 
(a), establish a presumption of ownership, absent information 50     
 
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received to the contrary, and right of possession to the motor 51 
vehicle or mobile home, so long as the affidavit sets forth the 52 
rightful heir or heirs and the attorney attests in the affidavit 53 
that such heir or heirs are lawfully entitled to the rights of 54 
ownership and possession of th e motor vehicle or mobile home. 55 
The attesting attorney shall provide to the department a current 56 
copy of his or her certificate of good standing issued by The 57 
Florida Bar. It shall not be necessary for the application for 58 
certificate of title filed under t his 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 shall not 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     
 
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amended to read: 76 
 320.06  Registration certificates, license plates, and 77 
validation stickers generally. — 78 
 (1) 79 
 (b)1.  Registration license pla tes 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 replacemen t 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 Safe ty 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 re quired 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     
 
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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 de note 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 denoti ng 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 w orn, 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     
 
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taxes and fees imposed by this chapter, the 80 -cent fee increase 126 
in the replacement f ee 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 pl ate 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 w ord "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     
 
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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 print ed 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     
 
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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 Veteran s 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 re quirements 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 
except for fees otherwise waived under subsections (1) and (4). 197 
 (b)  A military license plate or specialty license plate 198 
elected under this subsection: 199 
 1.  Does not provide the prote ctions or rights afforded by 200     
 
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ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 201 
 2.  Is not eligible for the international symbol of 202 
accessibility as described in s. 320.0842. 203 
 Section 5.  Subsection (2) of section 320.131, Florida 204 
Statutes, is amended, and paragraphs (m) and (n) are added to 205 
subsection (1) of that section, to read: 206 
 320.131  Temporary tags. — 207 
 (1)  The department is authorized and empowered to design, 208 
issue, and regulate the use of temporary tags to be designated 209 
"temporary tags" for use in the following cases: 210 
 (m)  Where the existing owner of a vehicle has submitted an 211 
application to transfer a valid out -of-state title that is 212 
subject to a lien. A temporary tag issued for this purpose shall 213 
be valid for 60 days. 214 
 (n)  Where an active-duty military servicemember who has a 215 
valid Florida driver license provides evidence satisfactory to 216 
the department that he or she is deployed outside this state. A 217 
temporary tag issued for this purpose shall be valid for 60 218 
days. 219 
 220 
Further, the departme nt is authorized to disallow the purchase 221 
of temporary tags by licensed dealers, common carriers, or 222 
financial institutions in those cases where abuse has occurred. 223 
 (2)  The department may is authorized to sell temporary 224 
tags, in addition to those listed above, to its their agents and 225     
 
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where need is demonstrated by a consumer complainant. The fee 226 
for a temporary tag issued under this section shall be $2 each. 227 
One dollar from each tag sold shall be deposited into the Brain 228 
and Spinal Cord Injury Program Trus t Fund, with the remaining 229 
proceeds being deposited into the Highway Safety Operating Trust 230 
Fund. Agents of the department shall sell temporary tags for $2 231 
each and shall charge the service charge authorized by s. 320.04 232 
per transaction, regardless of the quantity sold. Requests for 233 
purchase of temporary tags to the department or its agents shall 234 
be made, where applicable, on letterhead stationery and 235 
notarized. Except as specifically provided otherwise, a 236 
temporary tag issued under this section shall be valid for 30 237 
days, and no more than two shall be issued to the same person 238 
for the same vehicle. 239 
 Section 6.  This act shall take effect July 1, 2024. 240