TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

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To: Tax Collectors and License Plate Agents

From: Carl A. Ford, Director

Subject: March FRVIS Release Issues

Advisory Date: 03/01/06 Implementation Date: Immediately

Advisory Number: T06-03

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Section 319.27(3), and 328.15(1), Florida Statutes, provides that a person may file a notice of lien with regard to a motor vehicle, mobile home or vessel. The date of filing of the notice of lien shall be the date of its receipt by the department or by the tax collector or license plate agency. Therefore, with this FRVIS release, you will be required to capture the "lien receipt date" on all title transactions involving the adding of a lien (i. e., transfer with lien, original with lien, etc.). The date of filing is not the same as the lien date. The lien date is the date that the security agreement or other similar instrument was executed. The receipt/file date is the date it is received by the "processing" agency. The transaction date is the date it is entered into the system. The receipt date and transaction date may be the same date, but not always. As discussed at the 2005 Fall Tax Collectors Conference and various Coalition meetings throughout the state, the agency must date stamp the signed document which specifies the lien.

 

All certificate of destruction stock (form HSMV 82013) with a revision date PRIOR

TO 04/03 will be obsolete with the release. Therefore, make sure your agency has the latest stock with the revision date of 04/03.

 

 

If you are processing a "Add Wrecker Operator Lien" or "Satisfy Wrecker Operator Lien," and have the "plain paper Print" box checked on your profile, the form HSMV 82041 will now print on the laser printer. DMV Procedure RS-50 was previously updated to require the completed form HSMV 82497, Notice or Discharge of a Wrecker Operator's Lien for a Motor Vehicle, Mobile Home or Vessel, to be submitted to the department with the transaction summary report, if the wrecker operator's lien is being satisfied. This form is not required to be submitted, if placing a lien.

 

If you have any questions or need further clarification, please contact your Help Desk Representative.

CAF/gra