Statutory
Authority
The authority for temporary tags is provided by:
SB 1134 (Passed by 2007 Legislature):
320.96 Secure print-on-demand electronic temporary
license plate system. The Department of Highway
Safety and Motor Vehicles shall implement a secure print-on-demand
electronic temporary license plate registration, record retention,
and issue system for use by every department-authorized issuer of
temporary license plates by the end of the 2007-2008 fiscal year.
Secure print-on-demand for this purpose means validating state registration
data using higher levels of commercially accepted data encryption
methods from the point of department connectivity to the license
plate printer. The temporary license plate media used for this purpose
shall be an on permeable material that maintains its structural
integrity, including graphic and data adhesion, in all weather conditions
after being placed on a vehicle. For public safety in general and
for the safety of law enforcement officers, placement of temporary
license plates on the outside of the vehicle and in the provided
license plate mount when available is encouraged. The department
may adopt rules as necessary to implement this program in the 2007-2008
fiscal year. The department may provide such exemptions as may be
feasibly required.
s. 320.131, F.S. Temporary tags.--
(1) The department is authorized and empowered to design,
issue, and regulate the use of temporary tags to be designated "temporary
tags" for use in the following cases:
(a) Where a dealer license plate may not be lawfully
used.
(b) For a casual or private sale, including the sale
of a marine boat trailer by a marine boat trailer dealer. A "casual
or private sale" means any sale other than that by a licensed
dealer.
(c) For certified common carriers or driveaway companies
who transport motor vehicles, mobile homes, or recreational vehicles
from one place to another for persons other than themselves.
(d) For banks, credit unions, and other financial institutions
which are not required to be licensed under the provisions of s.
320.27,
s. 320.77,
or s. 320.771,
but need temporary tags for the purpose of demonstrating repossessions
for sale.
(e) Where a motor vehicle is sold in this state to a
resident of another state for registration therein and the motor
vehicle is not required to be registered under the provisions of
s. 320.38.
(f) Where a motor vehicle is required to be weighed or
emission tested prior to registration or have a vehicle identification
number verified. A temporary tag issued for any of these purposes
shall be valid for 10 days.
(g) Where an out-of-state resident, subject to registration
in this state, must secure ownership documentation from the home
state.
(h) For a rental car company which possesses a motor
vehicle dealer license and which may use temporary tags on vehicles
offered for lease by such company in accordance with the provisions
of rules established by the department. However, the original issuance
date of a temporary tag shall be the date which determines the applicable
license plate fee.
(i) In the resolution of a consumer complaint where there
is a need to issue more than two temporary tags, the department
may do so.
(j) While a personalized prestige or specialty license
plate is being manufactured for use upon the motor vehicle. A temporary
tag issued for this purpose shall be valid for 90 days.
(k) In any case where a permanent license plate cannot
legally be issued to an applicant and a temporary license plate
is not specifically authorized under the provisions of this section,
the department shall have the discretion to issue or authorize agents
or Florida licensed dealers to issue temporary license plates to
applicants demonstrating a need for such temporary use.
(l) For use by licensed dealers to transport motor vehicles
and recreational vehicles from the dealer's licensed location to
an off-premise sales location and return. Temporary tags used for
such purposes shall be issued to the licensed dealer who owns the
vehicles.
Further, the department is authorized to disallow the purchase of
temporary tags by licensed dealers, common carriers, or financial
institutions in those cases where abuse has occurred.
(2) The department is authorized to sell temporary tags,
in addition to those listed above, to their agents and where need
is demonstrated by a consumer complainant. The fee shall be $2 each.
One dollar from each tag sold shall be deposited into the Brain
and Spinal Cord Injury Rehabilitation Trust Fund, with the remaining
proceeds being deposited into the Highway Safety Operating Trust
Fund. Agents of the department shall sell temporary tags for $2
each and shall charge the service charge authorized by s. 320.04
per transaction, regardless of the quantity sold. Requests for purchase
of temporary tags to the department or its agents shall be made,
where applicable, on letterhead stationery and notarized. Except
as specifically provided otherwise, a temporary tag shall be valid
for 30 days, and no more than two shall be issued to the same person
for the same vehicle.
(3) Any person or corporation who unlawfully issues or
uses a temporary tag or violates this section or any rule adopted
by the department to implement this section is guilty of a misdemeanor
of the second degree punishable as provided in s. 775.082
or s. 775.083
in addition to other administrative action by the department, except
that using a temporary tag that has been expired for a period of
7 days or less is a non criminal infraction, and is a nonmoving
violation punishable as provided for in chapter 318.
(4) Temporary tags shall be conspicuously displayed in
the rear license plate bracket or attached to the inside of the
rear window in an upright position so as to be clearly visible from
the rear of the vehicle. On vehicles requiring front display of
license plates, temporary tags shall be displayed on the front of
the vehicle in the location where the metal license plate would
normally be displayed.
(5) Any person who knowingly and willfully abuses or
misuses temporary tag issuance to avoid registering a vehicle requiring
registration pursuant to this chapter or chapter 319 commits a misdemeanor
of the first degree, punishable as provided in s. 775.082
or s. 775.083.
(6) Any person who knowingly and willfully issues a temporary
tag or causes another to issue a temporary tag to a fictitious person
or entity to avoid disclosure of the true owner of a vehicle commits
a felony of the third degree, punishable as provided in s. 775.082
or s. 775.083,
or s. 775.084.
(7) Any person authorized by this section to purchase
and issue a temporary tag shall maintain records as required by
this chapter or departmental rules, and such records shall be open
to inspection by the department or its agents during reasonable
business hours. Any person who knowingly and willfully fails to
comply with this subsection commits a misdemeanor of the second
degree, punishable as provided in s. 775.082
or s. 775.083.
(8) The department may administer an electronic system
for licensed motor vehicle dealers to use in issuing temporary license
plates. Upon issuing a temporary license plate, the dealer shall
access the electronic system and enter the appropriate vehicle and
owner information within the timeframe specified by department rule.
If a dealer fails to comply with the department's requirements for
issuing temporary license plates using the electronic system, the
department may deny, suspend, or revoke a license under s. 320.27(9)(b)16.
upon proof that the licensee has failed to comply with the department's
requirements. The department may adopt rules to administer this
section.
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