Florida Senate - 2024 SB 736
By Senator Trumbull
2-00706-24 2024736__
1 A bill to be entitled
2 An act relating to services provided by the Department
3 of Highway Safety and Motor Vehicles or its agents;
4 amending s. 319.28, F.S.; providing that a certain
5 affidavit constitutes proof of ownership and right of
6 possession to a motor vehicle or mobile home the
7 previous owner of which died testate; amending s.
8 319.29, F.S.; prohibiting the department or a tax
9 collector from charging a fee for reissuance of
10 certain certificates of title; amending s. 320.06,
11 F.S.; authorizing the department to deem a license
12 plate with reduced dimensions to be necessary to
13 accommodate trailers; amending s. 320.084, F.S.;
14 authorizing certain disabled veterans to be issued a
15 military license plate or specialty license 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.; removing
19 provisions requiring a written, notarized request for
20 the purchase of a temporary tag; authorizing the
21 department or its agents to renew an initial temporary
22 tag, subject to certain provisions; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Present paragraphs (c) and (d) of subsection (1)
28 of section 319.28, Florida Statutes, are redesignated as
29 paragraphs (d) and (e), respectively, and a new paragraph (c) is
30 added to that subsection, to read:
31 319.28 Transfer of ownership by operation of law.—
32 (1)
33 (c) If the previous owner died testate and the application
34 for a certificate of title is made by, and accompanied by an
35 affidavit attested by, a Florida-licensed attorney in good
36 standing with The Florida Bar who is representing the previous
37 owner’s estate, such affidavit shall, for purposes of paragraph
38 (a), constitute satisfactory proof of ownership and right of
39 possession to the motor vehicle or mobile home, so long as the
40 affidavit sets forth the rightful heir or heirs and the attorney
41 attests in the affidavit that such heir or heirs are lawfully
42 entitled to the rights of ownership and possession of the motor
43 vehicle or mobile home. It shall not be necessary for the
44 application for certificate of title filed under this paragraph
45 to be accompanied by a copy of the will or other testamentary
46 instrument.
47 Section 2. Subsection (3) of section 319.29, Florida
48 Statutes, is amended to read:
49 319.29 Lost or destroyed certificates.—
50 (3) If, following the issuance of an original, duplicate,
51 or corrected certificate of title by the department, the
52 certificate is lost in transit and is not delivered to the
53 addressee, the owner of the motor vehicle or mobile home, or the
54 holder of a lien thereon, may, within 180 days after of the date
55 of issuance of the title, apply to the department for reissuance
56 of the certificate of title. An No additional fee shall not be
57 charged by the department or a tax collector, as agent for the
58 department, for reissuance under this subsection.
59 Section 3. Paragraph (a) of subsection (3) of section
60 320.06, Florida Statutes, is amended to read:
61 320.06 Registration certificates, license plates, and
62 validation stickers generally.—
63 (3)(a) Registration license plates must be made of metal
64 specially treated with a retroreflection material, as specified
65 by the department. The registration license plate is designed to
66 increase nighttime visibility and legibility and must be at
67 least 6 inches wide and not less than 12 inches in length,
68 unless a plate with reduced dimensions is deemed necessary by
69 the department to accommodate motorcycles, mopeds, or similar
70 smaller vehicles, or trailers. Validation stickers must also be
71 treated with a retroreflection material, must be of such size as
72 specified by the department, and must adhere to the license
73 plate. The registration license plate must be imprinted with a
74 combination of bold letters and numerals or numerals, not to
75 exceed seven digits, to identify the registration license plate
76 number. The license plate must be imprinted with the word
77 “Florida” at the top and the name of the county in which it is
78 sold, the state motto, or the words “Sunshine State” at the
79 bottom. Apportioned license plates must have the word
80 “Apportioned” at the bottom, and license plates issued for
81 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
82 (c), or (14) must have the word “Restricted” at the bottom.
83 License plates issued for vehicles taxed under s. 320.08(12)
84 must be imprinted with the word “Florida” at the top and the
85 word “Dealer” at the bottom unless the license plate is a
86 specialty license plate as authorized in s. 320.08056.
87 Manufacturer license plates issued for vehicles taxed under s.
88 320.08(12) must be imprinted with the word “Florida” at the top
89 and the word “Manufacturer” at the bottom. License plates issued
90 for vehicles taxed under s. 320.08(5)(d) or (e) must be
91 imprinted with the word “Wrecker” at the bottom. Any county may,
92 upon majority vote of the county commission, elect to have the
93 county name removed from the license plates sold in that county.
94 The state motto or the words “Sunshine State” shall be printed
95 in lieu thereof. A license plate issued for a vehicle taxed
96 under s. 320.08(6) may not be assigned a registration license
97 number, or be issued with any other distinctive character or
98 designation, that distinguishes the motor vehicle as a for-hire
99 motor vehicle.
100 Section 4. Subsection (1) of section 320.084, Florida
101 Statutes, is amended, and subsection (6) is added to that
102 section, to read:
103 320.084 Free motor vehicle license plate to certain
104 disabled veterans.—
105 (1) One free “DV” motor vehicle license number plate shall
106 be issued by the department for use on any motor vehicle owned
107 or leased by any disabled veteran who has been a resident of
108 this state continuously for the preceding 5 years or has
109 established a domicile in this state as provided by s.
110 222.17(1), (2), or (3), and who has been honorably discharged
111 from the United States Armed Forces, upon application,
112 accompanied by proof that:
113 (a) A vehicle was initially acquired through financial
114 assistance by the United States Department of Veterans Affairs
115 or its predecessor specifically for the purchase of an
116 automobile;
117 (b) The applicant has been determined by the United States
118 Department of Veterans Affairs or its predecessor to have a
119 service-connected 100-percent disability rating for
120 compensation; or
121 (c) The applicant has been determined to have a service
122 connected disability rating of 100 percent and is in receipt of
123 disability retirement pay from any branch of the United States
124 Armed Services.
125 (6)(a) A disabled veteran who meets the requirements of
126 subsection (1) may be issued, in lieu of the “DV” license plate,
127 a military license plate for which he or she is eligible or a
128 specialty license plate. A disabled veteran electing a military
129 license plate or specialty license plate under this subsection
130 must pay all applicable fees related to such license plate,
131 except for motor vehicle license plates issued without cost
132 under subsections (1) and (4).
133 (b) A military license plate or specialty license plate
134 elected under this subsection:
135 1. Does not provide the protections or rights afforded by
136 ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041.
137 2. Is not eligible for the international symbol of
138 accessibility as described in s. 320.0842.
139 Section 5. Subsection (2) of section 320.131, Florida
140 Statutes, is amended to read:
141 320.131 Temporary tags.—
142 (2)(a) The department may is authorized to sell temporary
143 tags, in addition to those listed above, to its their agents and
144 where need is demonstrated by a consumer complainant. The fee
145 for a temporary tag issued under this section shall be $2 each.
146 One dollar from each tag sold shall be deposited into the Brain
147 and Spinal Cord Injury Program Trust Fund, with the remaining
148 proceeds being deposited into the Highway Safety Operating Trust
149 Fund. Agents of the department shall sell temporary tags for $2
150 each and shall charge the service charge authorized by s. 320.04
151 per transaction, regardless of the quantity sold. Requests for
152 purchase of temporary tags to the department or its agents shall
153 be made, where applicable, on letterhead stationery and
154 notarized. Except as specifically provided otherwise, a
155 temporary tag issued under this section shall be valid for 30
156 days, and no more than two shall be issued to the same person
157 for the same vehicle.
158 (b) At the request of the applicant, the department or its
159 agents may, in lieu of issuing a second temporary tag under
160 paragraph (a), renew the initial temporary tag for the same
161 period applicable to the initial issuance. Such renewal is
162 subject to the fee, service charge, and deposit requirements
163 provided in paragraph (a).
164 Section 6. This act shall take effect July 1, 2024.