TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

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To: Tax Collectors and License Plate Agents

From: Carl A. Ford, Director

Subject: Changes to Alternate Proof Process Due to DPPA

Advisory Date: 03/01/05 Implementation Date: Immediately

Advisory Number: T05-04

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When complying with DMV Procedure TL-07, Application for Certificate of Title on a Motor Vehicle With Alternate Proof of Ownership and Procedure for Securing a Court Order Awarding Ownership or VSTL-07, Application for Certificate of Title on a Vessel With Alternate Proof of Ownership and Procedure for Securing a Court Order Awarding Ownership, if an applicant is unable to obtain the standard proof of ownership they must attempt to make contact or notify the owner of record by certified mail asking them to apply for a certificate of title in their name, which can be signed over to the new purchaser.

The Driver Privacy Protection Act changed the way applicants attempt to make contact or notify the owner of record by certified mail. Previously, we could release the owner’s name and address to our customers along with instructions on sending a certified letter. Now, the applicant must prepare a letter to be sent to the owner of record and mail it to our office by certified mail. We are required to forward it on behalf of the applicant by certified mail also, ensuring that the current owner's name and address are not disclosed.

All license plate agencies or tax collector offices are authorized to disclose ownership information (name, address, etc.) to any person/entity requesting this information, if he/she qualifies to receive the information pursuant to s. 119.07(6)(aa), 1-15, Florida Statutes. Once the information is received, the applicant must notify the owner by certified mail. However, if the person/entity does not qualify to receive the information, we must forward the letter for them.

Effective immediately, the license plate agencies have the option of forwarding the certified letter that is required to fulfill the alternate proof requirements outlined in DMV Procedure TL-07 or VSTL-07, instead of sending it to the department for forwarding (although this is still an option). Reason Code TLS22 has been added as a selection in the Correspondence on Demand library to assist you with this task. The letter reads as follows:

The department recently received a letter by certified mail from «enter name of requestor here», who, in order to comply with DMV Procedures, is requesting the name and address of the registered owner(s) for a motor vehicle/vessel in their possession. Our DMV database records indicate the motor vehicle/vessel is titled in your name. However, the Driver Protection Privacy Act prohibits the department from releasing your address to the requestor. Therefore, we are forwarding this request on their behalf.

Any further correspondence should be with the requestor. However, if you have any questions or need further clarification about our forwarding process, please contact agency listed below.

After 10 business days, if the applicant has not heard from the addressee or the department, they may use the original or certified copy of the post office returned receipt card for the certified mail as part of their proof that an attempt was made to make contact or notify the owner of record.

The procedures have been updated to include this information. If you have any further questions regarding this issue, please contact your Help Desk representative

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