TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

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To:Tax Collectors and License Plate Agents

From:Carl A. Ford, Director

Subject:2005 Legislative Changes Which Will Effect Title Procedures

Advisory Date:06/08/05†††††††††††††††††††††††††††††† Implementation Date:07/01/05†††††††††††††††††††††††††††††††

Advisory Number:T05-10

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††††††††††††††††††††††† As a result of the passage of House Bill 1697, the following changes/amendments will become effective July 1, 2005:

 

††††††††††††††††††††† Section 317.0003(6), Florida Statutes, amended the definition of an "Off-Highway vehicle" to remove "for recreational purposes" and to include a "two-rider ATV."

 

††††††††††††††††††††† Section 317.0003(9), Florida Statutes, was created to include a definition for a "two-rider ATV."

 

††††††††††††††††††††† Section 317.0007(6), Florida Statutes, is created to allow the department to issue along with a certificate of title, a validation sticker, for all off-highway vehicles, as proof of the issuance of a title and provide a process for a replacement validation sticker to be issued upon request for all off-highway vehicles.

 

††††††††††††††††††††††† In addition to designing the title validation sticker, programming will be necessary to implement the issuance of an original or replacement title validation sticker.The proposed date of implementation is October 2005.Until that date, the customer must complete a form HSMV 82054, Application for Original or Replacement Title Validation Sticker for an Off-Highway Vehicle, and submit it along with the required fee of $2.10 to:

 

Department of Highway Safety and Motor Vehicles

ATTN:Off-Highway Vehicle, MS# 68

Neil Kirkman Building

Tallahassee, Florida 32399

 

††††††††††††††††††††††† Once programming is completed, the tax collector offices and license plate agencies will have the ability to issue title validation stickers.However, any application that was previously mailed to the address above will be processed and mailed to the customer at the address shown on the application.

††††††††††††††††††††† The form HSMV 82054, Application for Original or Replacement Title Validation Sticker for an Off-Highway Vehicle, will be available on the department's website by July 1, 2005.

 

††††††††††††††††††††† Section 317.0014, Florida Statutes, is created to allow for issuance of a certificate of title with an active lien or subsequent lien and the requirements for satisfaction of the lien and subsequent lien.

 

††††††††††††††††††††† Section 317.0015, Florida Statutes, is created to allow for the application of 319.235, 319.241, 319.25, 319.27, 319.28 and 319.40, F.S., for all off-highway vehicles that are required to be titled under Chapter 317.

 

††††††††††††††††††††† Section 317.0016, Florida Statutes, is created to allow the issuance of an expedited certificate of title and the authority to charge a $7 fee for this service.Programming will be necessary in order for FRVIS to allow a fast title process for all off-highway vehicles.The proposed implementation date is October 2005.Until then, no fast titles can be issued for any off-highway vehicles.

 

††††††††††††††††††††† Section 317.0017, Florida Statutes, is created to allow provisions for the penalty of offenses involving vehicle identification numbers, original applications and certificates of title for all off-highway vehicles.

 

††††††††††††††††††††† Section 317.0018, Florida Statutes, is created to provide provisions for penalties involving the transfer of an off-highway vehicle without the delivery of the certificate of title and the operation or use without proper transfer of the certificate of title.Provides provisions for the cancellation of the certificate of title due to destruction, dismantling or changes of the off-highway vehicle in such a respect that it is no longer the vehicle described in the certificate of title.

 

††††††††††††††††††††††† DMV Procedure TL-44, (Application for Certificate of Title for an Off-Highway Vehicle), has been revised and posted on the departmentís web site at:

 

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-44.pdf

 

††††††††††††††††††††††† Section 319.23(6), Florida Statutes, is amended to require the motor vehicle dealership to notify the department within 30 days of a vehicle being traded in to their dealership.The Form HSMV 82040 has been revised to include an area (section 7) for this information.Therefore, when the dealership submits their customer's paperwork to a tax collector's office or license plate agency, the title clerk must use this information to mark the traded-in vehicle as "sold."Effective September 1, 2005, any form HSMV 82040 with a revision date of 11/04 or earlier will be obsolete.Until that date, the dealership may submit a completed form HSMV 82050 (in lieu of placing this information on the completed form HSMV 82040, Rev. 06/05), along with their customer's paperwork.DMV Procedure TL-52, (Mark Title Sold), has been revised and posted to the departmentís web site at:

 

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-52.pdf

 

 

††††††††††††††††††††††† Form HSMV 82040, (Application for Certificate of Title with/without Registration), has been revised and posted to the department's web site at:

 

††††††††††† http://www3.hsmv.state.fl.us/Intranet/dmv/Forms/BTR/Milpak/82040.pdf

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††††††††††††††††††††††††††††††† Please advise all dealers in your county of this requirement.

 

††††††††††††††††††††† Section 319.30(3)(b), Florida Statutes, is amended to provide a new brand option for insurance companies when a total loss has been paid on a damaged wheelchair accessible van.The law allows the insurance company the option to apply for a certificate of title with the brand "insurance-declared total loss" along with "rebuildable" rather than the certificate of destruction on the damaged wheelchair accessible van.The department does not expect a high volume of these types of vehicles.

 

††††††††††††††††††††† Programming will be necessary in order for the brand selection "insurance declared total loss" to be added to the brand table.The proposed date for implementation for this addition is October 2005.In the meantime, should you receive an application with the designation "Insurance declared total loss," please select "total loss" in conjunction with "rebuildable" until programming is complete.

 

††††††††††††††††††††††† DMV Procedure TL-06, (Mandatory Use Designation and Brands on Florida Certificates of Title), has been revised and posted to the departmentís web site at:

 

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-06.pdf

 

†††††††††††††††††††††† DMV Procedure TL-36, (Total Loss Settlements Involving Insurance Companies), has been revised and posted to the departmentís web site at:

 

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-36.pdf

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Form HSMV 82363, (Application for Salvage Title/Certificate of Destruction), has been revised and posted to the departmentís web site at:

 

††††††††††† http://www3.hsmv.state.fl.us/Intranet/dmv/Forms/BTR/82363.pdf

 

††††††††††††††††††††††† As a result of the passage of Senate Bill 492, the following changes/amendments will become effective July 1, 2005:

 

††††††††††††††††††††††† Section 319.30, Florida Statutes, amends the definition of a certificate of destruction to apply to a certificate issued pursuant to s. 713.785(7)(a), F.S.

 

Section 715.07, Florida Statutes, is amended to include a definition of a vessel and a provision of law for towing and storage on a vessel abandoned on private property.

 

Section 713.78, Florida Statutes, is amended to remove towing and storage requirements of mobile homes and placing them under s. 713.785, F.S.

 

Section 713.785, Florida Statutes, is created to provide a provision in law for towing and storage on a mobile home.Outlines the requirements a mobile home transport company must comply with in order to process a towing and storage lien.Provides a provision in law for a wrecker operator to place a lien on the owner of the mobile home.

 

††††††††††††††††††††††† DMV Procedure TL-26, (Transfer of Certificate of Title Upon Sale for Towing and Storage Lien or Application for Certificate of Destruction by Towing Company), has been revised and posted to the departmentís web site at:

 

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-26.pdf

 

If you have any questions or need further assistance, please contact your Tax Collector Help Desk.

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