This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0247b.ITA
DATE: 2/1/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 247 Services Provided by the Department of Highway Safety and Motor Vehicles or
Its Agents
SPONSOR(S): Transportation & Modals Subcommittee, Maney, and others
TIED BILLS: IDEN./SIM. BILLS: SB 736
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 17 Y, 0 N, As CS Walker Hinshelwood
2) Infrastructure & Tourism Appropriations
Subcommittee
14 Y, 0 N Hicks Davis
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The bill addresses matters related to the Department of Highway Safety and Motor Vehicles (DHSMV) or its
agents. The bill:
Revises the application and affidavit requirements for the transfer of ownership of a motor vehicle or
mobile home if the previous owner died testate.
Provides that no additional fee can be charged by DHSMV or a tax collector for the reissuance of a
certificate of title that is lost in transit and is not delivered.
Allows permanent motor vehicle registration decals for rental trucks that weigh under 15,000 pounds.
Authorizes trailers to be issued a license plate with reduced dimensions.
Provides that a disabled veteran who qualifies for a “DV” license plate may, in lieu of the free “DV”
license plate, be issued one of certain military license plates or a specialty license plate and receive a
cost savings on the plate of their choosing.
Adds the following two cases wherein DHSMV is authorized and empowered to design, issue, and
regulate the use of temporary tags:
o The existing owner of a vehicle has submitted an application to transfer a valid out-of-state title
that is subject to a lien; and
o An active-duty military servicemember who has a valid Florida driver license provides evidence
satisfactory to the department that he or she is deployed outside this state.
Repeals the requirement that requests for purchase of temporary tags to the DHSMV or its agents must
be made, where applicable, on letterhead stationery and notarized.
The bill appears to have an insignificant fiscal impact on state government expenditures and a likely positive
but indeterminate impact on the private sector due to the streamlining of administrative processes. See Fiscal
Analysis Section.
The bill has an effective date of July 1, 2024. STORAGE NAME: h0247b.ITA PAGE: 2
DATE: 2/1/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Certificate of Title Transfer or Ownership
Current Situation
Florida law states that in the case of transfer of ownership of a motor vehicle or mobile home, such as
upon inheritance, DHSMV must receive satisfactory proof of ownership and right of possession to such
motor vehicle or mobile home, and payment of required certificate of title application fee, before
DHSMV can issue to the applicant a certificate of title.
1
If the previous owner of a motor vehicle or mobile home died intestate,
2
the application for a certificate
of title made by an heir does not have to contain an order of a probate court, if the applicant files with
DHSMV an affidavit that the estate is not indebted and any surviving spouses and heirs have amicably
agreed among themselves upon a division of the estate.
3
If the previous owner died testate,
4
the application must be accompanied by a certified copy of the will,
if probated, and an affidavit that the estate is solvent with sufficient assets. If the will is not probated,
the application must be accompanied by a sworn copy of the will and an affidavit that the estate is not
indebted.
5
Effect of the Bill
The bill adds that if the previous owner died testate and the application for a certificate of title is made
by, and accompanied by an affidavit attested by, a Florida-licensed attorney in good standing with the
Florida Bar who is representing the previous owner’s estate, such affidavit establishes a presumption of
ownership, absent information received on the contrary, and right of possession to the motor vehicle or
mobile home. The affidavit must set forth the rightful heir or heirs, and the attorney must attest to their
lawful entitlement to the rights of ownership and possession of the motor vehicle or mobile home. In
this case, the application for certificate of title does not have to be accompanied by a copy of the will or
other testamentary instrument. The attesting attorney must provide to DHSMV a current copy of his or
her certificate of good standing issued by the Florida Bar.
Lost or Destroyed Certificate of Title
Current Situation
Under current law, if a certificate of title is lost or destroyed, the owner of the motor vehicle or mobile
home, or the holder of a lien, must apply to DHSMV for a duplicate copy.
6
Upon receiving an
application signed and sworn to by the applicant, and accompanied by the required fee,
7
DHSMV must
issue a duplicate copy of the certificate of title.
8
If an original, duplicate, or corrected certificate of title issued by DHSMV is lost in transit and is not
delivered to the addressee, the owner or holder has 180 days from the date of issuance of the title to
apply to DHSMV for the reissuance of the certificate of title without an additional fee.
9
Florida law also
authorizes tax collectors to process certificate of title applications and collect the associated fees.
10
1
S. 319.28(1)(a), F.S.
2
“Intestate” means “[o]ne who has died without a valid will.” BLACK’S LAW DICTIONARY 840 (8th ed. 2004).
3
S. 319.28(1)(b), F.S.
4
“Testate” means “[h]aving left a will at death.” BLACK’S LAW DICTIONARY 1 514 (8th ed. 2004).
5
S. 319.28(1)(b), F.S.
6
S. 319.29(1), F.S.
7
S. 319.32, F.S., states that the cost for each duplicate copy of a certificate of title is $70 with a service charge of $4.25.
8
S. 319.29(1), F.S.
9
S. 319.29(3), F.S.
10
S. 319.32(2)(b), F.S. STORAGE NAME: h0247b.ITA PAGE: 3
DATE: 2/1/2024
However, current law is not clear that tax collectors must issue a title lost in transit without charging an
additional fee.
Effect of the Bill
The bill clarifies that an additional fee may not be charged by DHSMV or the tax collector for the
reissuance of a lost in transit and not delivered certificate of title.
Permanent Registration Decals for Small Rental Trucks
Current Situation
Florida law provides that registration license plates must be issued for a 10-year period. At the end of
the 10-year period, upon renewal, the plate must be replaced. With the issuance of a license plate, a
validation sticker is issued with the owner’s birth month, license plate number, and the year of
expiration or the appropriate renewal period if the owner is not a natural person. The license plate and
validation sticker are issued based on the applicant’s appropriate renewal period.
11
License plates with validation stickers subject to the registration period are valid for not more than 12
months and expire at midnight on the last day of the registration period. A license plate with a validation
sticker subject to the extended registration period is valid for not more than 24 months and expires at
midnight on the last day of the extended registration period.
12
Currently rental cars have the ability to permanently register vehicles, provided they pay the
appropriate annual license taxes and fees.
13
Effect of the Bill
The bill allows rental trucks, under 15,000 pounds, the ability to permanently register trucks in the same
manner as rental cars. Such rental trucks will be required to pay the appropriate annual license taxes
and fees.
Registration License Plates
Current Situation
Under current law, DHSMV, upon receipt of an application and payment of the appropriate fees, must
issue to a vehicle owner or lessee a certificate of registration and a license plate.
14
License plates are
issued for a ten-year period and must be replaced upon renewal at the end of the ten-year period. The
replacement fee is $28, $2.80 of which is paid each year in the ten years leading up to the
replacement, and such fees must be deposited into the Highway Safety Operating Trust Fund.
15
Florida law provides that registration license plates must be at least 6 inches wide and not less than 12
inches in length. However, license plates with reduced dimensions can be issued by DHSMV to
accommodate motorcycles, mopeds, or similar smaller vehicles.
16
All other requirements, including the
type of metal, validation stickers, identification letters and numerals, and imprints for specific plates, are
the same regardless of registration license plate size.
17
Effect of the Bill
The bill adds that a trailer can qualify for a license plate with reduced dimensions.
11
S. 320.06(1)(b)1., F.S.
12
S. 320.06(1)(c), F.S.
13
S. 320.06(1)(b), F.S.
14
S. 319.06(1)(a), F.S.
15
S. 319.06(1)(b), F.S.
16
S. 320.06(3)(a), F.S.
17
S. 320.06(3)(a), F.S. STORAGE NAME: h0247b.ITA PAGE: 4
DATE: 2/1/2024
License Plates for Disabled Veterans
Current Situation
Florida law requires DHSMV to issue one free license plate to veterans with a 100 percent service-
connected disability upon application.
18
The license number on each plate issued to a disabled veteran
must be identified by the letter designation “DV.”
19
The design of the special disabled veteran plate is
red, white, and blue, and resembles the United States flag.
20
Upon issuance of each new permanent “DV” license plate, an initial validation sticker
21
with an
expiration not exceeding 27 months, is issued without cost to the applicant.
22
The applicant does have
to pay the associated service charges for each initial application or renewal of registration.
23
Registration must be renewed annually or biennially, and at that time, the applicant must submit a
certified statement affirming their continued eligibility for the special “DV” license plate.
24
Persons with a
“DV” license plate with the international accessibility symbol are exempt from any fee or penalty for
parking in any metered or timed parking space.
25
Florida has over 100 specialty license plates, with a statutory cap of 135,
26
available to Florida drivers
who are willing to pay the additional annual use fee for such plate.
27
Within the specialty license plates,
Florida offers 33 Special Military License Plates.
28
Each of the military service specialty license plates
have specific requirements that must be met upon application and require payment of the license tax
for the vehicle, if applicable,
29
before the plate can be issued.
30
Out of all military license plates offered in 2022 by DHSMV, the “DV” license plate ranked number one
with 97,994 issued.
31
Effect of the Bill
The bill provides that a disabled veteran who qualifies for the special “DV” license plate may be issued
a military license plate for which he or she is eligible, or a specialty license plate, instead of the “DV”
license plate upon application. The applicant must pay all of the applicable fees related to such plate,
except for the initial license plate and registration fees waived for “DV” license plate applicants.
Additionally, a military license plate or a specialty license plate elected in this manner is not eligible for
the international symbol of accessibility.
18
S. 320.084(1), F.S.
19
S. 320.084 (3), F.S.
20
FLHSMV, Florida Military License Plate Brochure, https://www.flhsmv.gov/pdf/specialtyplates/military_brochure.pdf (last
visited Jan. 17, 2024).
21
The validation sticker must reflect the applicant’s birth month and the year of expiration.
22
S. 320.084(4)(a), F.S.
23
S. 320.084(4)(b), F.S., refers to the fees in s. 320.04, F.S. For the original issuance of a license plate the service charge
is $2.50. For the issuance of each license plate validation sticker the service charge is $1.00. An additional 50 cents is
charged for each license plate and validation sticker so they can be treated with retroflection material.
24
S. 320.084(4)(c), F.S.
25
S. 320.084(5), F.S.
26
S. 320.08053(3)(b), F.S.
27
S. 320.08056(2)(a), F.S.
28
S. 320.089, F.S. The plates offered: Air Force Combat Action Medal, Air Force Cross, Combat Action Badge, Combat
Action Ribbon, Combat Infantry Badge, Combat Medical Badge, Distinguished Flying Cross, Distinguished Service Cross,
Ex-Prisoner of War, Gold Star Family, Korean War Veteran, Medal of Honor (Air Force), Medal of Honor (Army), Medal of
Honor (Navy), National Guard, Navy Cross, Navy Submariner, Operation Desert Shield, Operation Desert Storm,
Operation Enduring Freedom, Operation Iraqi Freedom, Pearl Harbor Survivor, Purple Heart, Silver Star, U.S. Reserve,
Veteran of U.S. Armed Forces, Vietnam War Veteran, Woman Veteran, World War II Veteran, U.S. Paratrooper, Former
Military Vehicle, Army of Occupation, and Bronze Star.
29
See s. 320.089(1)(d) and (2)(a), F.S. An applicant for a Pearl Harbor Survivor license plate or a Purple Heart license
plate who also qualifies for a DV license plate, or an applicant who was held as a prisoner of war, does not have to pay
the motor vehicle license tax.
30
S. 320.089, F.S.
31
FLHSMV, supra note 20, at pp. 5-6. STORAGE NAME: h0247b.ITA PAGE: 5
DATE: 2/1/2024
Temporary Tags
Current Situation
Florida law provides for a variety of legal uses for temporary license plates. Temporary tags, if
authorized for use by DHSMV, must be conspicuously displayed on the rear license plate bracket or, on
vehicles requiring front display of license plates, on the front of the vehicle in the location where the
metal license plate would normally be displayed.
32
Moreover, except as specifically provided otherwise,
a temporary tag is valid for 30 days, and no more than two shall be issued to the same person for the
same vehicle.
33
DHSMV is authorized and empowered to design, issue, and regulate the use of temporary tags in the
following cases:
Where a dealer license plate may not be lawfully used;
For a casual or private sale, including the sale of a marine boat trailer by a marine boat trailer
dealer;
For certified common carriers or driveaway companies who transport motor vehicles, mobile
homes, or recreational vehicles from one place to another for persons other than themselves;
For banks, credit unions, and other financial institutions for the purpose of demonstrating
repossessions for sale;
Where a motor vehicle is sold in this state to a resident of another state for registration therein
and the motor vehicle is not required to be registered;
Where a motor vehicle is required to be weighed or emission tested prior to registration or have
a vehicle identification number verified;
Where an out-of-state resident, subject to registration in this state, must secure ownership
documentation from the home state;
For a rental car company which possesses a motor vehicle dealer license and which may use
temporary tags on vehicles offered for lease by such company in accordance with the provisions
of rules established by DHSMV;
In the resolution of a consumer complaint where there is a need to issue more than two
temporary tags;
While a personalized prestige or specialty license plate is being manufactured for 90 day use
upon the motor vehicle;
In any case where a permanent license plate cannot legally be issued to an applicant and a
temporary license plate is not specifically authorized; and
For use by licensed dealers to transport motor vehicles and recreational vehicles from the
dealer’s licensed location to an off-premise sales location and return.
34
DHSMV is authorized to disallow the purchase of temporary tags by licensed dealers, common carriers,
or financial institutions in those cases where abuse has occurred.
35
The DHSMV is authorized to sell temporary tags to their agents and where need is demonstrated by a
consumer complainant. The fee must be $2 each.
36
Additionally, agents of the DHSMV must sell
temporary tags for $2 each and must charge the service charge per transaction, regardless of the
quantity sold.
37
Requests for purchase of temporary tags to the DHSMV or its agents must be made, where applicable,
on letterhead stationery and notarized.
38
Effect of the Bill
32
S. 320.131(4), F.S.
33
S. 320.131(2), F.S.
34
S. 320.131(1), F.S.
35
Id.
36
Id. at 34
37
Id.
38
Id. STORAGE NAME: h0247b.ITA PAGE: 6
DATE: 2/1/2024
The bill adds the following two cases wherein DHSMV is authorized and empowered to design, issue,
and regulate the use of temporary tags:
The existing owner of a vehicle has submitted an application to transfer a valid out-of-state title
that is subject to a lien.
An active-duty military servicemember who has a valid Florida driver license provides evidence
satisfactory to the DHSMV that he or she is deployed outside this state.
Further, the bill provides that a temporary tag issued for these two purposes will be valid for 60 days,
instead of the default of 30 days. The bill repeals the requirement that requests for purchase of
temporary tags to the DHSMV or its agents must be made, where applicable, on letterhead stationery
and notarized. The bill also makes other technical and clarifying changes to the statute relating to
temporary tags.
Effective Date
The bill provides an effective date of July 1, 2024.
B. SECTION DIRECTORY:
Section 1 Amends s. 319.28, F.S., relating to transfer of ownership by operation of law.
Section 2 Amends s. 319.29, F.S., relating to lost or destroyed certificates.
Section 3 Amends s. 320.06, F.S., relating to registration certificates, license plates, and validation
stickers.
Section 4 Amends s. 316.084, F.S., relating to free motor vehicle license plate to certain disabled
veterans.
Section 5 Amends s. 320.131, F.S., relating to temporary tags.
Section 6 Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DHSMV estimates that the bill will have a technology impact of $8,130 in full-time equivalent
position and contracted resources. This impact would be largely due to programming needed to
conform with the following components of the bill:
Reduce dimension of license plates for trailers;
Allow additional license plate choices for customers who meet the DV requirement; and
Allow additional situations where DHSMV may issue temporary tags.
39
Additionally, DHSMV has expressed that the department may need additional customer service
staff in order to address workload related to temporary tag status questions.
40
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
39
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2024 House Bill 247, pp. 6-7(Nov. 3, 2023).
40
Id. STORAGE NAME: h0247b.ITA PAGE: 7
DATE: 2/1/2024
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
This bill will likely have a positive, though indeterminate, fiscal impact on the private sector as a
result of streamlining administrative processes related to the transfer of ownership of a motor
vehicle or mobile home when a previous owner dies in testate and allowing rental truck under
15,000 pounds to be permanently registered.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Rulemaking may be necessary in order to conform to changes made by the bill.
C. DRAFTING ISSUES OR OTHER COMM ENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 19, 2024, the Transportation & Modals Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The PCS:
Revises the provision relating to the application and affidavit requirements for the transfer of
ownership of a motor vehicle or mobile home if the previous owner died testate by:
o Providing that the affidavit establishes a presumption, rather than the affidavit
constituting proof, of ownership and right of possession to a motor vehicle or mobile
home.
o Requiring the attesting attorney to provide to the department a current copy of his or
her certificate of good standing issued by The Florida Bar.
Allows permanent motor vehicle registration decals for rental trucks that weigh under 15,000
pounds.
Adds two additional cases wherein DHSMV is authorized and empowered to design, issue,
and regulate the use of temporary tags.
Eliminates the authorization of DHSMV or its agents to renew an initial temporary tag.
The analysis is drafted to the committee substitute as approved by the Transportation & Modals
Subcommittee.