TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

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To:  Tax Collectors and License Plate Agents

From:  Carl A. Ford, Director

Subject:  2010 Legislative Changes Which Will Effect Title and Registration Procedures

Advisory Date:  06/30/10                   Implementation Date:            Immediately                          

Advisory Number:     R10-04

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The 2010 Legislature passed several Senate and House bills resulting in changes to motor vehicle laws.  Effective dates vary and some bills have multiple effective dates.

 

The following amendments take effect July 1, 2010: 

 

House Bill 289 amends Sections 320.08056 and 320.08058, Florida Statutes, and creates the Fraternal Order of Police specialty license plate authorizing the collection of a $25 annual use fee for distribution to the Florida State Lodge of the Fraternal Order of Police.  

 

House Bill 631

 

Sections 261.03 and 317.000, Florida Statutes, redefine recreational off-highway vehicle (ROV) to include vehicles 64 inches wide and up to 2,000 lbs.

 

Sections 319.225(6)(a) and (6)(b), Florida Statutes, allow for the addition of the perjury clause to form HSMV 82995.  The next printing of the 82995 will include the perjury clause.  An administrative decision was made to remove the notarization requirement from form HSMV 82053.  Form 82053 now contains the perjury clause instead of the notarization requirement; earlier versions of a notarized 82053 may continue to be accepted.

 

Section 319.23(6)(a), Florida Statutes, removes the requirement for a Florida dealer selling a motor vehicle to an out of state/country resident to apply for title on behalf of that customer.  If the dealer chooses not to apply for title, the dealer must transfer ownership and reassign the title or manufacturer’s certificate of origin.  The purchaser must sign form HSMV 84061, Declaration Affidavit For A Motor Vehicle Which Will Be Titled and Registered In Another State or Country, stating that he/she will be responsible for titling and registering the vehicle in another state/country.  The dealer will retain the form for their records.

 

Section 319.241, Florida Statutes, allows the department to remove the lien from a derelict motor vehicle record if it does not receive a written protest from the lienholder 10 days after receiving an application for and notifying the lienholder of a derelict motor vehicle certificate

 

Section 319.30(1)(c), Florida Statutes, redefines certificate of title to include a title document by a motor vehicle department in another state authorized to issue titles.  

 

Section 319.30(e)1., Florida Statutes, clarifies that the model year of the derelict vehicle should be counted as year one when determining its age. 

 

Section 319.30(e)(2)., Florida Statutes, redefines derelict motor vehicle to include any trailer (“TL” 2,000 lbs. or more, does not include semi-trailer, travel trailer, camping trailer, park trailer, or fifth-wheel trailer), as defined in s. 320.01(1), with or without all parts, major parts, or major component parts, valued under $5,000, and at least 10 years old, counting the vehicle’s model year as year one.  The vehicle must be in such condition that its highest value is for sale, transport, or delivery to a licensed salvage motor vehicle dealer or registered secondary metals recycler for conversion to scrap metal.

 

 

House Bill 631 (continued)

 

Section 319.30(1)(f), Florida Statutes, redefines derelict motor vehicle certificate as a certificate issued by the department serving as evidence that a derelict motor vehicle will be dismantled or converted to scrap metal.  To obtain this certificate the applicant must complete form HSMV 82137, Application for An Original/Duplicate Derelict Motor Vehicle Certificate.

 

Section 319.30(1)(h)1., Florida Statutes, redefines major component parts to include the catalytic converter.

 

Section 319.30(1)(u), Florida Statutes, defines the term “seller” as the owner of record or a person who has physical possession and responsibility for a derelict motor vehicle and attests that possession of the vehicle was obtained through lawful means along with ownership rights.

 

Section 319.30(2)(c)1., Florida Statutes, defines the identification requirement for a person selling a derelict vehicle to be a valid Florida driver’s license or identification card or a valid out of state driver’s license or identification card.  

 

Sections 319.30(2)(c)2., and 319.30(7)(a)4.b, Florida Statutes, require the following of a licensed salvage motor vehicle dealer/secondary metals recycler in order to dispose of or dismantle a derelict vehicle:

 

·         The derelict motor vehicle certificate application must be accompanied by a legible copy of a valid Florida or out of state driver’s license or identification card.  If the seller is not the owner, the salvage dealer/recycler must obtain a smudge-free right thumbprint or other digit if the seller has no thumb on form HSMV 82137, Application for Derelict Motor Vehicle Certificate.

 

·         If the department’s records show no active lien or a lien of 3 years or more on a derelict vehicle, the salvage dealer/recycler must secure the vehicle for 3 full days, excluding weekends and holidays, before destroying or dismantling the vehicle.

 

·         If the department’s records show an active lien of less than 3 years, the licensed salvage dealer/recycler must secure the vehicle for 10 days while the department notifies the lienholder of the derelict motor vehicle certificate application and its intention to remove the lien.  The department may remove the lien from the vehicle if it does not receive a written protest from the lienholder within this 10-day period.

 

·         If the lienholder submits a written protest of an outstanding lien to the department and the salvage dealer/recycler 10 days after receiving this notification, the department will not remove the lien.  The department will place a 30-day administrative hold on the vehicle’s record allowing the lienholder time to apply for title or a repossession certificate.  The licensed salvage dealer/recycler must secure the vehicle until the department removes the stop or the lienholder satisfies the lien or takes possession of the vehicle.

 

Special Note:  The department will continue to require a lien satisfaction for any lien less than 3 years old until the necessary programming is in place with the October FRVIS release.

 

Section 319.30(8)(f), Florida Statutes, requires anyone who recovers, tows, or stores vehicles and who claims a lien for performing labor or services on a motor vehicle or mobile home, or claims that a motor vehicle or mobile home has remained on any premises after tenancy has terminated, to obtain the title or certificate of destruction in order to transport, sell, dispose, or deliver a derelict motor vehicle to a salvage dealer or secondary metals recycler; a derelict motor vehicle certificate application is not acceptable.

 

Section 319.30(8)(g), Florida Statutes, requires the department to accept properly completed and endorsed derelict  motor vehicle certificate applications and issue a derelict motor vehicle certificate with an effective date authorizing when the vehicle may be dismantled or destroyed.  Information from a derelict certificate application will be stored electronically in FRVIS and available to authorized persons after the derelict certificate is issued.

 

Special Note:  The effective date of authorization will not be printed on the derelict certificate until programming is in place with the October FRVIS release.

 

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House Bill 631 (continued)

 

Section 319.30(8)(j), Florida Statutes, provides that if the seller of a derelict vehicle is not the owner of record with the department, the licensed salvage dealer/recycler must pay for the derelict vehicle by check or money order made payable to the seller not the authorized transporter.

 

Section 320.02(16), Florida Statutes, clarifies that the department may place a stop against a particular registration where the owner failed to pay the dealer for an original or transfer of registration whereby preventing any activity on this registration until the stop is cleared.  

           

House Bill 971

 

Section 319.28(2)(b), Florida Statutes, provides that any lienholder who has repossessed a vehicle in Florida in compliance with the provisions of this section must apply for a Florida certificate of repossession or certificate of title.

 

Section 320.03(10)(a), Florida Statutes, grants jurisdiction and regulatory authority to the department over the electronic filing system used by authorized agents to title and register vehicles, vessels, mobile homes, or off-highway vehicles, issue and transfer registrations, transfer fees for title and registration services, and make inquiries of service providers.  Upon request, the tax collector shall appoint a qualified entity as an authorized agent for that county.  The department will adopt rules establishing participation requirements, service provider certification, electronic filing system requirements, and noncompliance enforcement.

 

House Bill 1271

 

Section 320.03(8), Florida Statutes, authorizes the department to remove a registration stop if a person presents a receipt from the governmental entity or the clerk of court that provided the data for the stop.

 

Section 320.08(5)(e), Florida Statutes, provides that the GVW (gross vehicle weight) only applies to a wrecker when it is carrying a load, not when the wrecker is towing a disabled vehicle.

 

Section 320.08058(32)(b), Florida Statutes, requires that the funds from the sale of the United We Stand license plate previously directed to the SAFE Council be used to fund security-related aviation projects pursuant to chapter 332.  

 

Section 705.184, Florida Statutes, creates a process to dispose of vehicles abandoned on airport property. 

 

House Bill 5311

 

Section 320.131(2), Florida Statutes, changes the name of the $2 temporary tag fee trust fund recipient to the Brain and Spinal Cord Injury Program Trust Fund.

 

Senate Bill 488 amends Section 320.02, Florida Statutes, and creates a voluntary contribution for the Florida Network of Children’s Advocacy Centers, Inc., authorizing the department to provide this voluntary check-off on the motor vehicle registration and registration renewal forms.  The department will collect $1 for distribution to the Network of Children’s Advocacy Centers, Inc. 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The following amendments take effect September 1, 2010:

 

House Bill 971

 

Section 316.003(86), Florida Statutes, creates a definition for the new “tri-vehicle” defining it as an enclosed passenger vehicle having three wheels in contact with the ground.  The body type of a tri-vehicle will be “3W,” and the vehicle type will be “AU.”  The Dealer Licensing Section will verify tri-vehicle applications from manufacturers, importers, and distributors with NHTSA.  As tri-vehicle manufacturers, dealers, and importers are licensed, this information will be entered into FRVIS.

 

Programming for this new body type will be available with the October FRVIS release.  In the meantime, tax collector offices and license plate agencies should process this transaction as a regular auto “AU” and select one of the body types (i.e. 1-door, 2-door, 3-door).  After processing each transaction, the office/agency should fax a copy of the MCO to the Field Support Center.  The Field Support Center will forward these copies to our Corrections Unit.  When programming for the tri-vehicle is in place, the Corrections Unit will correct these transactions and send the corrected titles to the applicable customers.

 

Sections 316.0741 and 320.08(2), Florida Statutes, add the tri-vehicle type to the definition of an inherently low-emission vehicle and add the tri-vehicle to the base tax table.  Sections 322.01(46)(a)-(f), Florida Statutes, provide a comprehensive definition of a tri-vehicle.

 

Section 316.2085(3), Florida Statutes, authorizes affixing the license tag of a motorcycle or moped horizontally to the ground so it reads from left to right.  If the letters and numbers of a license plate read from top to bottom, the operator may affix the tag perpendicular to the ground as long as the registered owner has a prepaid toll account in good standing and the motorcycle/moped has a transponder affixed to it.

Section 316.605(1), Florida Statutes, cross-references the exception of perpendicular license plates on motorcycles/mopeds in s. 316.2085.

 

Sections 316.29545 and 316.29545(1), Florida Statutes, exempt from the window sun-screening requirements private investigative service vehicles and persons afflicted with any autoimmune disease or other medical condition, which allows only limited exposure to light,. 

 

Section 319.30(1)(g), Florida Statutes, creates a new definition for an independent entity (excluding wrecker operators, towing companies, or repair facilities) as a business that temporarily stores damaged or dismantled motor vehicles.  Sections 319.30(9)(a), (b), (c), and (d), Florida Statutes, create a process for insurance companies and vendors to release and dispose of damaged or dismantled vehicles.  The department will develop a form for the insurance company to provide to the independent entity for this purpose.

 

Section 320.02, Florida Statutes, creates a voluntary trust fund for the League Against Cancer/

La Liga Contra el Cancer and authorizes the department to provide this voluntary check-off on the motor vehicle registration and registration renewal forms.  The department will collect $1 for distribution to the League Against Cancer/La Liga Contra el Cancer. 

 

Section 320.08(1)(d), Florida Statutes, reduces the base tax for an ancient or antique motorcycle from $13.50 to $8.50.

 

Chapter 2008-176, Laws of Florida, amends the current moratorium for creating a specialty license plate extending the moratorium to July 1, 2014.

 

Sections 320.08053(1)(b), (2), and (3)(a), (b), and (c), Florida Statutes, revise the requirements to establish a specialty license plate.  The scientific survey requirement is removed and replaced with a requirement that the organization pre-sell 1000 vouchers within a 24-month period before the plate may be manufactured.

 

 

 

 

 

 

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House Bill 971 (continued)

 

Sections 320.08056 and 320.08058, Florida Statutes, create the following specialty license plates:

 

·         Hispanic Achievers, authorizing the collection of a $25 annual use fee for distribution to the National Hispanic Corporate Achievers, Inc. 

 

·         Children First, authorizing the collection of a $25 annual use fee for distribution to Children First Florida, Inc.

 

·         Veterans of Foreign Wars, authorizing the collection of a $25 annual use fee for distribution to the Veterans of Foreign Wars, Department of Florida.

 

A moratorium for voluntary contributions is created between July 1, 2010 and July 1, 2013.  The department may establish a voluntary contribution for an organization that submitted and met all the necessary requirements, was approved before May 1, 2010, and filed a bill during the 2010 Legislative Session.

 

Section 320.0807(1), Florida Statutes, changes the configuration of a Member of Congress license plate to allow the letters “MC,” or another configuration the member chooses, which is not in use.

 

Section 320.0807(2), Florida Statutes, changes the configuration of a State Legislator license plate to allow the letters “HR” or “SN,” or another configuration the member chooses, which is not in use.

 

Sections 320.084(4)(a) and (b), Florida Statutes, extend the expiration date for an initial registration of a disabled veteran license plate not to exceed 27 months and authorize the option of biennial registration for disabled veteran license plates.

 

The following amendments take effect October 1, 2010:

 

House Bill 53 amends Sections 320.08056 and 320.08058, Florida Statutes, and creates the St. Johns River specialty license plate authorizing the collection of a $25 annual use fee for distribution to the St. Johns River Alliance Inc., to fund research and access programs.

 

House Bill 83, amends Sections 320.08056 and 320.08058, Florida Statutes, and creates the Endless Summer specialty license plate authorizing the collection of a $25 annual use fee for distribution to Surfing’s Evolution and Preservation Corporation to fund its activities and programs.

 

House Bill 263, amends Section 320.02, Florida Statutes, and creates a voluntary trust fund for Lauren’s Kids, Inc., for the prevention of childhood sexual abuse and authorizes the department to provide this voluntary check-off on the motor vehicle registration and registration renewal forms.  

 

House Bill 351, amends Sections 320.08056 and 320.08058, Florida Statutes, and creates the following specialty license plates:

 

·         Catch Me Release Me, authorizing the collection of a $25 annual use fee for distribution to the Guy Harvey Ocean Foundation, Inc. to fund marine-related scientific research.

           

·         Discover Florida’s Horses, authorizing the collection of a $25 annual use fee for distribution to the Florida Agriculture Center and Horse Park Authority to promote the center. 

 

·         Save Wild Florida, authorizing the collection of a $25 annual use fee for distribution to the Florida Biodiversity Foundation, Inc. to fund research, education, and scientific study.

 

 

 

 

 

 

 

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House Bill 399, amends Section 320.02, Florida Statutes, and creates the following voluntary contributions authorizing the department to provide this voluntary check-off on the motor vehicle registration and registration renewal forms:

 

·         Blind Babies and Blind Youth Services, authorizing the collection of $1 for distribution to the Florida Association of Agencies Serving the Blind, Inc.

 

·         Services for persons with development disabilities, authorizing the collection of $1 for distribution to The ARC of Florida.

 

·         Ronald McDonald House, authorizing the collection of $1 to Ronald McDonald House Charities of Tampa Bay, Inc. 

 

House Bill 289 amends Section 320.08056, Florida Statutes, creating the Fraternal Order of Police specialty license plate and authorizing the collection of a $25 annual use fee for distribution to the Florida State Lodge Memorial Foundation of the Fraternal Order of Police to fund related projects, programs, or events.  In order to qualify for this specialty license plate, the applicant must be a member of the lodge in good standing (or a family member of the lodge member) and submit a letter from the Fraternal Order of Police, Florida State Lodge on its letterhead confirming that the member is in good standing.

                       

Section 320.08058(18)(b), Florida Statutes, changes the annual use fee percentages that are distributed to the  Caribbean Conservation Corporation.

 

The following amendment takes effect January 1, 2011:

 

House Bill 971, amends 320.05, Florida Statutes, requiring tax collectors to collect the fee for electronic access to motor vehicle data.  A new exemption is created when the motor vehicle data is accessed during a title or registration transaction.

 

Voluntary Contributions

Regardless of the effective date, the department will implement voluntary contribution funds with the October FRVIS release when the necessary programming is in place.  Tax collector offices and license plate agencies may collect these fees and hold them aside for processing once programming is in place.

 

Specialty License Plates

Regardless of the effective date, the department will implement specialty license plates with the October FRVIS release when the necessary programming is in place.  

 

If you have any questions or need further assistance, please contact the Field Support Center.

 

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