Florida 2024 Regular Session

Florida House Bill H0247 Latest Draft

Bill / Comm Sub Version Filed 02/08/2024

                               
 
CS/CS/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 establishes a presumption of ownership and 5 
right of possession to a motor vehicle or mob ile home 6 
the 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 permanent registration of certain 11 
rental trucks; authorizing the department to deem a 12 
license plate with reduced dimensions to be necessary 13 
to accommodate trailers; amending s. 320.084, F.S.; 14 
authorizing certain disabled veterans to be issued a 15 
military license plate or specialty l icense plate in 16 
lieu of a "DV" license plate; specifying applicable 17 
fees; specifying nonapplicability of certain 18 
provisions; amending s. 320.131, F.S.; authorizing the 19 
department to design, issue, and regulate the use of 20 
temporary tags where the existing o wner of a vehicle 21 
has submitted an application to transfer a valid out -22 
of-state title that is subject to a lien; authorizing 23 
the department to design, issue, and regulate the use 24 
of temporary tags where an active -duty military 25     
 
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servicemember who has a valid Florida driver license 26 
provides evidence satisfactory to the department that 27 
he or she is deployed outside this state; providing 28 
the period of validity of such temporary tags; 29 
removing provisions requiring a written, notarized 30 
request for the purchase of a temporary tag; providing 31 
an effective date. 32 
 33 
Be It Enacted by the Legislature of the State of Florida: 34 
 35 
 Section 1.  Paragraphs (c) and (d) of subsection (1) of 36 
section 319.28, Florida Statutes, are redesignated as paragraphs 37 
(d) and (e), respectiv ely, and a new paragraph (c) is added to 38 
that subsection to read: 39 
 319.28  Transfer of ownership by operation of law. — 40 
 (1) 41 
 (c)  If the previous owner died testate and the application 42 
for a certificate of title is made by, and accompanied by an 43 
affidavit attested by, a Florida -licensed attorney in good 44 
standing with The Florida Bar, such affidavit shall, for 45 
purposes of paragraph (a), establish a presumption of ownership, 46 
absent information received to the contrary, and right of 47 
possession to the motor veh icle or mobile home, so long as the 48 
affidavit sets forth the rightful heir or heirs and the attorney 49 
attests in the affidavit that such heir or heirs are lawfully 50     
 
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entitled to the rights of ownership and possession of the motor 51 
vehicle or mobile home. It is not necessary for the application 52 
for certificate of title filed under this paragraph to be 53 
accompanied by a copy of the will or other testamentary 54 
instrument. 55 
 Section 2.  Subsection (3) of section 319.29, Florida 56 
Statutes, is amended to read: 57 
 319.29  Lost or destroyed certificates. — 58 
 (3)  If, following the issuance of an original, duplicate, 59 
or corrected certificate of title by the department, the 60 
certificate is lost in transit and is not delivered to the 61 
addressee, the owner of the motor vehicle or m obile home, or the 62 
holder of a lien thereon, may, within 180 days of the date of 63 
issuance of the title, apply to the department for reissuance of 64 
the certificate of title. An No additional fee shall not be 65 
charged by the department or a tax collector, as a gent for the 66 
department, for reissuance under this subsection. 67 
 Section 3.  Paragraph (b) of subsection (1) and paragraph 68 
(a) of subsection (3) of section 320.06, Florida Statutes, are 69 
amended to read: 70 
 320.06  Registration certificates, license plates, and 71 
validation stickers generally. — 72 
 (1) 73 
 (b)1.  Registration license plates bearing a graphic symbol 74 
and the alphanumeric system of identification shall be issued 75     
 
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for a 10-year period. At the end of the 10 -year period, upon 76 
renewal, the plate shall be rep laced. The department shall 77 
extend the scheduled license plate replacement date from a 6 -78 
year period to a 10-year period. The fee for such replacement is 79 
$28, $2.80 of which shall be paid each year before the plate is 80 
replaced, to be credited toward the ne xt $28 replacement fee. 81 
The fees shall be deposited into the Highway Safety Operating 82 
Trust Fund. A credit or refund may not be given for any prior 83 
years' payments of the prorated replacement fee if the plate is 84 
replaced or surrendered before the end of th e 10-year period, 85 
except that a credit may be given if a registrant is required by 86 
the department to replace a license plate under s. 87 
320.08056(8)(a). With each license plate, a validation sticker 88 
shall be issued showing the owner's birth month, license pl ate 89 
number, and the year of expiration or the appropriate renewal 90 
period if the owner is not a natural person. The validation 91 
sticker shall be placed on the upper right corner of the license 92 
plate. The license plate and validation sticker shall be issued 93 
based on the applicant's appropriate renewal period. The 94 
registration period is 12 months, the extended registration 95 
period is 24 months, and all expirations occur based on the 96 
applicant's appropriate registration period. Rental vehicles 97 
taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 98 
pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a) -(d) may 99 
elect a permanent registration period, provided payment of the 100     
 
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appropriate license taxes and fees occurs annually. 101 
 2.  A vehicle that has an apportioned re gistration shall be 102 
issued an annual license plate and a cab card that denote the 103 
declared gross vehicle weight for each apportioned jurisdiction 104 
in which the vehicle is authorized to operate. This subparagraph 105 
expires June 30, 2024. 106 
 3.  Beginning July 1, 2024, a vehicle registered in 107 
accordance with the International Registration Plan must be 108 
issued a license plate for a 3 -year period. At the end of the 3 -109 
year period, upon renewal, the license plate must be replaced. 110 
Each license plate must include a vali dation sticker showing the 111 
month of expiration. A cab card denoting the declared gross 112 
vehicle weight for each apportioned jurisdiction must be issued 113 
annually. The fee for an original or a renewal cab card is $28, 114 
which must be deposited into the Highway Safety Operating Trust 115 
Fund. If the license plate is damaged or worn, it may be 116 
replaced at no charge by applying to the department and 117 
surrendering the current license plate. 118 
 4.  In order to retain the efficient administration of the 119 
taxes and fees imposed by this chapter, the 80 -cent fee increase 120 
in the replacement fee imposed by chapter 2009 -71, Laws of 121 
Florida, is negated as provided in s. 320.0804. 122 
 (3)(a)  Registration license plates must be made of metal 123 
specially treated with a retroreflection material, as specified 124 
by the department. The registration license plate is designed to 125     
 
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increase nighttime visibility and legibility and must be at 126 
least 6 inches wide and not less than 12 inches in length, 127 
unless a plate with reduced dimensions is deemed necessary by 128 
the department to accommodate motorcycles, mopeds, or similar 129 
smaller vehicles, or trailers. Validation stickers must also be 130 
treated with a retroreflection material, must be of such size as 131 
specified by the department, and must adhere to the license 132 
plate. The registration license plate must be imprinted with a 133 
combination of bold letters and numerals or numerals, not to 134 
exceed seven digits, to identify the registration license plate 135 
number. The license plate must be imprinted with the word 136 
"Florida" at the top and the name of the county in which it is 137 
sold, the state motto, or the words "Sunshine State" at the 138 
bottom. Apportioned license plates must have the word 139 
"Apportioned" at the bottom, and license plates issued for 140 
vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 141 
(c), or (14) must have the word "Restricted" at the bottom. 142 
License plates issued for vehicles taxed under s. 320.08(12) 143 
must be imprinted with the word "Florida" at the top and the 144 
word "Dealer" at the bottom unle ss the license plate is a 145 
specialty license plate as authorized in s. 320.08056. 146 
Manufacturer license plates issued for vehicles taxed under s. 147 
320.08(12) must be imprinted with the word "Florida" at the top 148 
and the word "Manufacturer" at the bottom. Licen se plates issued 149 
for vehicles taxed under s. 320.08(5)(d) or (e) must be 150     
 
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imprinted with the word "Wrecker" at the bottom. Any county may, 151 
upon majority vote of the county commission, elect to have the 152 
county name removed from the license plates sold in tha t county. 153 
The state motto or the words "Sunshine State" shall be printed 154 
in lieu thereof. A license plate issued for a vehicle taxed 155 
under s. 320.08(6) may not be assigned a registration license 156 
number, or be issued with any other distinctive character or 157 
designation, that distinguishes the motor vehicle as a for -hire 158 
motor vehicle. 159 
 Section 4.  Subsection (1) of section 320.084, Florida 160 
Statutes, is amended, and subsection (6) is added to that 161 
section, to read: 162 
 320.084  Free motor vehicle license plate to certain 163 
disabled veterans.— 164 
 (1)  One free "DV" motor vehicle license number plate shall 165 
be issued by the department for use on any motor vehicle owned 166 
or leased by any disabled veteran who has been a resident of 167 
this state continuously for the precedin g 5 years or has 168 
established a domicile in this state as provided by s. 169 
222.17(1), (2), or (3), and who has been honorably discharged 170 
from the United States Armed Forces, upon application, 171 
accompanied by proof that: 172 
 (a)  A vehicle was initially acquired t hrough financial 173 
assistance by the United States Department of Veterans Affairs 174 
or its predecessor specifically for the purchase of an 175     
 
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automobile; 176 
 (b)  The applicant has been determined by the United States 177 
Department of Veterans Affairs or its predecesso r to have a 178 
service-connected 100-percent disability rating for 179 
compensation; or 180 
 (c)  The applicant has been determined to have a service -181 
connected disability rating of 100 percent and is in receipt of 182 
disability retirement pay from any branch of the Unit ed States 183 
Armed Services. 184 
 (6)(a)  A disabled veteran who meets the requirements of 185 
subsection (1) may be issued, in lieu of the "DV" license plate, 186 
a military license plate for which he or she is eligible or a 187 
specialty license plate. A disabled veteran e lecting a military 188 
license plate or specialty license plate under this subsection 189 
must pay all applicable fees related to such license plate, 190 
except for fees otherwise waived under subsections (1) and (4). 191 
 (b)  A military license plate or specialty licens e plate 192 
elected under this subsection: 193 
 1.  Does not provide the protections or rights afforded by 194 
ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 195 
 2.  Is not eligible for the international symbol of 196 
accessibility as described in s. 320.0842. 197 
 Section 5.  Subsection (2) of section 320.131, Florida 198 
Statutes, is amended, and paragraphs (m) and (n) are added to 199 
subsection (1) of that section, to read: 200     
 
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 320.131  Temporary tags. — 201 
 (1)  The department is authorized and empowered to design, 202 
issue, and regulate the use of temporary tags to be designated 203 
"temporary tags" for use in the following cases: 204 
 (m)  Where the existing owner of a vehicle has submitted an 205 
application to transfer a valid out -of-state title that is 206 
subject to a lien. A temporary tag i ssued for this purpose shall 207 
be valid for 60 days. 208 
 (n)  Where an active -duty military servicemember who has a 209 
valid Florida driver license provides evidence satisfactory to 210 
the department that he or she is deployed outside this state. A 211 
temporary tag issued for this purpose shall be valid for 60 212 
days. 213 
 214 
Further, the department is authorized to disallow the purchase 215 
of temporary tags by licensed dealers, common carriers, or 216 
financial institutions in those cases where abuse has occurred. 217 
 (2)  The department may is authorized to sell temporary 218 
tags, in addition to those listed above, to its their agents and 219 
where need is demonstrated by a consumer complainant. The fee 220 
for a temporary tag issued under this section shall be $2 each. 221 
One dollar from each tag sold shall be deposited into the Brain 222 
and Spinal Cord Injury Program Trust Fund, with the remaining 223 
proceeds being deposited into the Highway Safety Operating Trust 224 
Fund. Agents of the department shall sell temporary tags for $2 225     
 
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each and shall charge the serv ice charge authorized by s. 320.04 226 
per transaction, regardless of the quantity sold. Requests for 227 
purchase of temporary tags to the department or its agents shall 228 
be made, where applicable, on letterhead stationery and 229 
notarized. Except as specifically pro vided otherwise, a 230 
temporary tag issued under this section shall be valid for 30 231 
days, and no more than two shall be issued to the same person 232 
for the same vehicle. 233 
 Section 6.  This act shall take effect July 1, 2024. 234