reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0008 - Duplicate Certificate of Title.

317.0008 Duplicate certificate of title.—
(1) The department may issue a duplicate certificate of title upon application by the person entitled to hold such a certificate if the department is satisfied that the original certificate has been lost, destroyed, or mutilated. A fee of $15 shall be charged for issuing a duplicate certificate.
(2) If, following the issuance of an original, duplicate, or corrected certificate of title by the department, the certificate is lost in transit and is not delivered to the addressee, the owner of the off-highway vehicle or the holder of a lien thereon may, within 180 days after the date of issuance of the certificate, apply to the department for reissuance of the certificate. An additional fee may not be charged for reissuance under this subsection.
(3) The department shall implement a system to verify that the application is signed by a person authorized to receive a duplicate certificate of title under this section if the address shown on the application is different from the address shown for the applicant on the records of the department.
History.—s. 62, ch. 2002-295; s. 48, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0009 - Manufacturer’s Statement of Origin to Be Furnished.

317.0009 Manufacturer’s statement of origin to be furnished.—
(1) Any person selling a new off-highway vehicle in this state must furnish a manufacturer’s statement of origin to the purchaser. The statement, which must be in English or accompanied by an English translation if the vehicle was purchased outside the United States, must be signed and dated by an authorized representative of the manufacturer, indicate the complete name and address of the purchaser, include a complete description of the vehicle, and contain as many assignments as necessary to show title in the name of the purchaser.
(2) It is unlawful for an off-highway vehicle manufacturer, manufacturer’s representative, or dealer to issue a manufacturer’s certificate of origin describing an off-highway vehicle with the knowledge that the description is false or that the off-highway vehicle described does not exist. It is unlawful for any person to obtain or attempt to obtain a certificate of origin with the knowledge that the description is false or that the off-highway vehicle does not exist. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 63, ch. 2002-295.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0010 - Disposition of Fees.

317.0010 Disposition of fees.—The department shall deposit all funds received under this chapter, less administrative costs of $2 per title transaction, into the Incidental Trust Fund of the Florida Forest Service of the Department of Agriculture and Consumer Services.
History.—s. 64, ch. 2002-295; s. 49, ch. 2005-164; s. 16, ch. 2012-7.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0011 - Refusal to Issue and Authority to Cancel a Certificate of Title.

317.0011 Refusal to issue and authority to cancel a certificate of title.—
(1) If the department finds that an applicant for an off-highway vehicle certificate of title has given a false statement or false or incomplete information in applying for the certificate or has otherwise failed to comply with the applicable provisions pertaining to the application for a certificate, it may refuse to issue the certificate.
(2) If the department finds that an owner or dealer named in an off-highway vehicle certificate of title has given a false statement or false or incomplete information in applying for the certificate or has otherwise failed to comply with the applicable provisions pertaining to the application for a certificate, it may cancel the certificate.
(3) The department may cancel any pending application or any certificate if it finds that any title fee or sales tax pertaining to such application or certificate has not been paid, unless the fee or tax is paid within a reasonable time after the department has given notice.
History.—s. 65, ch. 2002-295.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0012 - Crimes Relating to Certificates of Title; Penalties.

317.0012 Crimes relating to certificates of title; penalties.—
(1) It is unlawful for any person to procure or attempt to procure a certificate of title or duplicate certificate of title to an off-highway vehicle, or to pass or attempt to pass a certificate of title or duplicate certificate of title to an off-highway vehicle or any assignment thereof, if such person knows or has reason to believe that the vehicle has been stolen. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) It is unlawful for any person, knowingly and with intent to defraud, to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, duplicate certificate of title, bill of sale, or other indicia of ownership of an off-highway vehicle or to conspire to do any of the foregoing. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) It is unlawful to:
(a) Alter or forge any certificate of title to an off-highway vehicle or any assignment thereof or any cancellation of any lien on an off-highway vehicle.
(b) Retain or use such certificate, assignment, or cancellation knowing that it has been altered or forged.
(c) Use a false or fictitious name, give a false or fictitious address, or make any false statement in any application or affidavit required by this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application.
(d) Knowingly obtain goods, services, credit, or money by means of an invalid, duplicate, fictitious, forged, counterfeit, stolen, or unlawfully obtained certificate of title, bill of sale, or other indicia of ownership of an off-highway vehicle.
(e) Knowingly obtain goods, services, credit, or money by means of a certificate of title to an off-highway vehicle which certificate is required by law to be surrendered to the department.
Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A violation of this subsection with respect to any off-highway vehicle makes such off-highway vehicle contraband which may be seized by a law enforcement agency and forfeited under ss. 932.701-932.704.
History.—s. 66, ch. 2002-295; s. 50, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0013 - Nonmoving Traffic Violations.

317.0013 Nonmoving traffic violations.—Any person who fails to comply with any provision of this chapter for which a penalty is not otherwise provided commits a nonmoving traffic violation, punishable as provided in s. 318.18.
History.—s. 67, ch. 2002-295; s. 51, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0015 - Application of Law.

317.0015 Application of law.—Sections 319.235, 319.241, 319.25, 319.27, 319.28, and 319.40 apply to all off-highway vehicles that are required to be titled under this chapter.
History.—s. 53, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0016 - Expedited Service; Applications; Fees.

317.0016 Expedited service; applications; fees.—The department shall provide, through its agents and for use by the public, expedited service on title transfers, title issuances, duplicate titles, and recordation of liens. A fee of $7 shall be charged for this service, which is in addition to the fees imposed by ss. 317.0007 and 317.0008, and $3.50 of this fee shall be retained by the processing agency. All remaining fees shall be deposited in the Incidental Trust Fund of the Florida Forest Service of the Department of Agriculture and Consumer Services. Application for expedited service may be made by mail or in person. The department shall issue each title applied for pursuant to this section within 5 working days after receipt of the application except for an application for a duplicate title certificate covered by s. 317.0008(3), in which case the title must be issued within 5 working days after compliance with the department’s verification requirements.
History.—s. 54, ch. 2005-164; s. 17, ch. 2012-7; s. 18, ch. 2013-160.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 317 - Off-Highway Vehicle Titling › 317.0018 - Transfer Without Delivery of Certificate; Operation or Use Without Certificate; Failure to Surrender; Other Violations.

317.0018 Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.—Except as otherwise provided in this chapter, any person who:
(1) Purports to sell or transfer an off-highway vehicle without delivering to the purchaser or transferee of the vehicle a certificate of title to the vehicle duly assigned to the purchaser as provided in this chapter;
(2) Operates or uses in this state an off-highway vehicle for which a certificate of title is required without the certificate having been obtained in accordance with this chapter, or upon which the certificate of title has been canceled;
(3) Fails to surrender a certificate of title upon cancellation of the certificate by the department and notice thereof as prescribed in this chapter;
(4) Fails to surrender the certificate of title to the department as provided in this chapter in the case of the destruction, dismantling, or change of an off-highway vehicle in such respect that it is not the off-highway vehicle described in the certificate of title; or
(5) Violates any other provision of this chapter or a lawful rule adopted pursuant to this chapter;
shall be fined not more than $500 or imprisoned for not more than 6 months, or both, for each offense, unless otherwise specified.
History.—s. 56, ch. 2005-164.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.12 - Purpose.

318.12 Purpose.—It is the legislative intent in the adoption of this chapter to decriminalize certain violations of chapter 316, the Florida Uniform Traffic Control Law; chapter 320, Motor Vehicle Licenses; chapter 322, Driver Licenses; chapter 338, Limited Access and Toll Facilities; and chapter 1006, Support of Learning, thereby facilitating the implementation of a more uniform and expeditious system for the disposition of traffic infractions.
History.—s. 1, ch. 74-377; s. 1, ch. 79-27; s. 21, ch. 83-215; s. 13, ch. 84-359; s. 247, ch. 99-248; s. 962, ch. 2002-387; s. 86, ch. 2012-174.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.121 - Preemption of Additional Fees, Fines, Surcharges, and Costs.

318.121 Preemption of additional fees, fines, surcharges, and costs.—Notwithstanding any general or special law, or municipal or county ordinance, additional fees, fines, surcharges, or costs other than the court costs and surcharges assessed under s. 318.18(11), (13), (18), (19), and (22) may not be added to the civil traffic penalties assessed under this chapter.
History.—s. 42, ch. 96-350; s. 14, ch. 97-225; s. 47, ch. 2005-236; s. 30, ch. 2008-111; s. 10, ch. 2009-61; s. 7, ch. 2013-160.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.1215 - Dori Slosberg Driver Education Safety Act.

318.1215 Dori Slosberg Driver Education Safety Act.—Notwithstanding the provisions of s. 318.121, a board of county commissioners may require, by ordinance, that the clerk of the court collect an additional $5 with each civil traffic penalty, which shall be used to fund driver education programs in public and nonpublic schools. The ordinance shall provide for the board of county commissioners to administer the funds, which shall be used for enhancement, and not replacement, of driver education program funds. The funds shall be used for direct educational expenses and shall not be used for administration. Each driver education program receiving funds pursuant to this section shall require that a minimum of 30 percent of a student’s time in the program be behind-the-wheel training. This section may be cited as the “Dori Slosberg Driver Education Safety Act.”
History.—s. 98, ch. 2002-20; s. 10, ch. 2005-164; s. 49, ch. 2006-290.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.13 - Definitions.

318.13 Definitions.—The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
(1) “Department” means Department of Highway Safety and Motor Vehicles, defined in s. 20.24, or the appropriate division thereof.
(2) “Suspension” means that a licensee’s privilege to drive a motor vehicle is temporarily withdrawn.
(3) “Infraction” means a noncriminal violation that may require community service hours under s. 316.027(4), but is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel.
(4) “Official” means any judge authorized by law to preside over a court or hearing adjudicating traffic infractions.
(5) “Officer” means any law enforcement officer charged with and acting under his or her authority to arrest persons suspected of, or known to be, violating statutes or ordinances regulating traffic or the operation or equipment of vehicles. “Officer” includes any individual employed by a sheriff’s department or the police department of a chartered municipality who is acting as a traffic infraction enforcement officer as provided in s. 316.640.
History.—s. 1, ch. 74-377; s. 1, ch. 76-183; s. 1, ch. 77-119; s. 12, ch. 94-306; s. 907, ch. 95-148; s. 93, ch. 99-13; s. 248, ch. 99-248.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.1435 - Youthful Driver Monitoring Services.

318.1435 Youthful driver monitoring services.—
(1) As used in this section, the term “youthful driver monitoring service” means an entity that enables parents or guardians to monitor the driving performance of their minor children. The service may provide monitoring by posting on a vehicle a placard that shows a toll-free telephone number and a unique identifying number and includes a request to members of the public to call the toll-free telephone number to report inappropriate driving practices. The service shall enter into a contract with the parents or guardians under which the service shall timely forward to the parents or guardians all reports of inappropriate driving practices by the minor child.
(2) A youthful driver monitoring service may register with the Department of Highway Safety and Motor Vehicles. The registration must consist of a narrative description of the services offered by the youthful driver monitoring service, the name of the manager in charge of the service, the address of the service, and the telephone number of the service. Registration under this subsection remains valid indefinitely, but it is the responsibility of the youthful driver monitoring service to timely file a revised registration statement to reflect any changes in the required information. If the department determines that the youthful driver monitoring service is not providing the services described in the narrative statement, the department may suspend the registration; however, the department must reinstate the registration when the service files a revised statement that reflects its actual practices.
History.—s. 22, ch. 2006-290.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.16 - Appeals; Stay Orders; Procedures.

318.16 Appeals; stay orders; procedures.—
(1) If a person is found to have committed an infraction by the hearing official, he or she may appeal that finding to the circuit court. An appeal under this subsection shall not operate to stay the reporting requirements of s. 318.14(7) or to stay appropriate action by the department upon receipt of that report.
(2) The circuit court, upon application by the appellant, may:
(a) Order a stay of any action by the department during pendency of the appeal, but not to exceed a period of 60 days. A copy of the order shall be forwarded to the department.
(b) Deny the application.
History.—s. 1, ch. 74-377; s. 334, ch. 95-148.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.17 - Offenses Excepted.

318.17 Offenses excepted.—No provision of this chapter is available to a person who is charged with any of the following offenses:
(1) Fleeing or attempting to elude a police officer, in violation of s. 316.1935;
(2) Leaving the scene of a crash, in violation of ss. 316.027 and 316.061;
(3) Driving, or being in actual physical control of, any vehicle while under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, in violation of s. 316.193, or driving with an unlawful blood-alcohol level;
(4) Reckless driving, in violation of s. 316.192;
(5) Making false crash reports, in violation of s. 316.067;
(6) Willfully failing or refusing to comply with any lawful order or direction of any police officer or member of the fire department, in violation of s. 316.072(3);
(7) Obstructing an officer, in violation of s. 316.545(1); or
(8) Any other offense in chapter 316 which is classified as a criminal violation.
History.—s. 1, ch. 74-377; s. 37, ch. 76-31; s. 4, ch. 77-456; s. 7, ch. 82-155; s. 4, ch. 83-187; s. 4, ch. 85-87; s. 20, ch. 86-296; s. 46, ch. 96-350; s. 251, ch. 99-248; s. 3, ch. 2004-388.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.19 - Infractions Requiring a Mandatory Hearing.

318.19 Infractions requiring a mandatory hearing.—Any person cited for the infractions listed in this section shall not have the provisions of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated official at the time and location of the scheduled hearing:
(1) Any infraction which results in a crash that causes the death of another;
(2) Any infraction which results in a crash that causes “serious bodily injury” of another as defined in s. 316.1933(1);
(3) Any infraction of s. 316.172(1)(b);
(4) Any infraction of s. 316.520(1) or (2); or
(5) Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed limit by 30 mph or more.
History.—s. 1, ch. 74-377; s. 91, ch. 77-104; s. 1, ch. 81-34; s. 16, ch. 84-359; s. 4, ch. 85-250; s. 12, ch. 86-154; s. 335, ch. 95-148; s. 3, ch. 97-10; s. 5, ch. 97-300; s. 253, ch. 99-248; s. 108, ch. 2002-20; s. 25, ch. 2006-290.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.20 - Notification; Duties of Department.

318.20 Notification; duties of department.—The department shall prepare a notification form to be appended to, or incorporated as a part of, the Florida uniform traffic citation issued in accordance with s. 316.650. The notification form must contain language informing persons charged with infractions to which this chapter applies of the procedures available to them under this chapter. Such notification form must contain a statement that, if the official determines that no infraction has been committed, no costs or penalties may be imposed and any costs or penalties that have been paid will be returned. Additionally, the notification form must include information on paying the civil penalty to the clerk of the court and the ability to establish a payment plan pursuant to s. 28.246(4). A uniform traffic citation that is produced electronically must also include the information required by this section.
History.—s. 1, ch. 74-377; s. 39, ch. 76-31; s. 8, ch. 86-154; s. 2, ch. 86-185; s. 48, ch. 96-350; s. 11, ch. 2021-116.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.30 - Legislative Intent.

318.30 Legislative intent.—It is the intent of the Legislature that civil traffic infraction hearing officers be appointed and used in those counties where the need arises for their services. Any Civil Traffic Infraction Hearing Officer Program established in a county under ss. 318.30-318.38 shall be subject to the supervision of the Supreme Court.
History.—s. 1, ch. 89-337; s. 19, ch. 90-330; s. 2, ch. 94-202.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.31 - Objectives.

318.31 Objectives.—The Supreme Court is hereby requested to adopt rules and procedures for the establishment and operation of Civil Traffic Infraction Hearing Officer Programs under ss. 318.30-318.38.
History.—s. 2, ch. 89-337; s. 3, ch. 94-202; s. 50, ch. 2005-236.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.32 - Jurisdiction; Limitations.

318.32 Jurisdiction; limitations.—
(1) Hearing officers shall be empowered to accept pleas from and decide the guilt or innocence of any person, adult or juvenile, charged with any civil traffic infraction and shall be empowered to adjudicate or withhold adjudication of guilt in the same manner as a county court judge under the statutes, rules, and procedures presently existing or as subsequently amended, except that hearing officers shall not:
(a) Have the power to hold a defendant in contempt of court, but shall be permitted to file a motion for order of contempt with the appropriate state trial court judge;
(b) Hear a case involving a crash resulting in injury or death;
(c) Hear a criminal traffic offense case or a case involving a civil traffic infraction issued in conjunction with a criminal traffic offense; or
(d) Have the power to suspend or revoke a defendant’s driver license pursuant to s. 316.655(2).
(2) This section does not prohibit a county court judge from exercising concurrent jurisdiction with a civil traffic hearing officer.
(3) Upon the request of the defendant contained in a Notice of Appearance or a written plea, the case shall be assigned to a county court judge regularly assigned to hear traffic matters.
History.—s. 3, ch. 89-337; s. 1, ch. 91-152; s. 4, ch. 94-202; s. 255, ch. 99-248; s. 51, ch. 2005-236; s. 26, ch. 2006-290.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.325 - Jurisdiction and Procedure for Parking Infractions.

318.325 Jurisdiction and procedure for parking infractions.—Any county or municipality may adopt an ordinance that allows the county or municipality to refer cases involving the violation of a county or municipal parking ordinance to a hearing officer. Notwithstanding the provisions of ss. 318.14 and 775.08(3), any parking violation shall be deemed to be an infraction as defined in s. 318.13(3). However, the violation must be enforced and disposed of in accordance with the provisions of general law applicable to parking violations and with the charter or code of the county or municipality where the violation occurred. The clerk of the court or the designated traffic violations bureau must collect and distribute the fines, forfeitures, and court costs assessed under this section.
History.—s. 1, ch. 94-202; s. 101, ch. 2003-402; s. 62, ch. 2004-265; s. 52, ch. 2005-236.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.33 - Appeals.

318.33 Appeals.—Decisions of the hearing officer are appealable, under the rules of court, to the circuit court. Appeals shall be based upon the record of the hearing before the hearing officer and shall not be hearings de novo. Appellants are responsible for producing the record of the hearing beyond that which normally results from the civil traffic infraction hearing process.
History.—s. 4, ch. 89-337; s. 5, ch. 94-202.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.34 - Qualifications.

318.34 Qualifications.—Applicants for the position of hearing officer of the civil traffic court shall be members in good standing of The Florida Bar and shall have completed a 40-hour education and training program which has been approved by the Florida Supreme Court. Thereafter, hearing officers shall complete an approved 4-hour continuing education program annually.
History.—s. 5, ch. 89-337; s. 6, ch. 94-202.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.35 - Term of Office.

318.35 Term of office.—Hearing officers shall be independent contractors and may serve either full time or part time as determined by the chief judge. In either case, they shall serve at the pleasure of the chief judge of the county and circuit in which they are to hear cases and shall have no definite term of office.
History.—s. 6, ch. 89-337; s. 7, ch. 94-202.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.36 - Code of Ethics.

318.36 Code of ethics.—Hearing officers shall be subject to The Florida Bar Code of Professional Responsibility and not the Judicial Code of Ethics, except that they shall avoid practices or occupations that would constitute a conflict of interest or give the appearance of impropriety. Whether serving full time or part time, hearing officers shall be prohibited from representing clients or practicing before any other hearing officer of a civil traffic court or from representing any client appealing the decision of any other hearing officer. A civil traffic infractions hearing officer appointed under s. 318.30 shall have judicial immunity in the same manner and to the same extent as judges.
History.—s. 7, ch. 89-337; s. 8, ch. 94-202; s. 10, ch. 99-248.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 318 - Disposition of Traffic Infractions › 318.38 - Nonseverability.

318.38 Nonseverability.—If the provisions of s. 318.32 authorizing hearing officers to impose the same sanctions as county court judges for civil traffic infractions are found to be unconstitutional by the Florida Supreme Court, then the hearing officers shall have no further jurisdiction over any civil traffic infractions.
History.—s. 9, ch. 89-337; s. 10, ch. 94-202.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.001 - Definitions.

319.001 Definitions.—As used in this chapter, the term:
(1) “Certificate of title” means the record that is evidence of ownership of a vehicle, whether a paper certificate authorized by the department or a certificate consisting of information that is stored in an electronic form in the department’s database.
(2) “Department” means the Department of Highway Safety and Motor Vehicles.
(3) “Front-end assembly” means fenders, hood, grill, and bumper.
(4) “Licensed dealer,” unless otherwise specifically provided, means a motor vehicle dealer licensed under s. 320.27, a mobile home dealer licensed under s. 320.77, or a recreational vehicle dealer licensed under s. 320.771.
(5) “Motorcycle body assembly” means frame, fenders, and gas tanks.
(6) “Motorcycle engine” means cylinder block, heads, engine case, and crank case.
(7) “Motorcycle transmission” means drive train.
(8) “New mobile home” means a mobile home the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser.
(9) “New motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate purchaser; however, when legal title is not transferred but possession of a motor vehicle is transferred pursuant to a conditional sales contract or lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle dealer, the motor vehicle may be resold by the motor vehicle dealer as a new motor vehicle, provided the selling motor vehicle dealer gives the following written notice to the purchaser: “THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER.” The purchaser shall sign an acknowledgment, a copy of which is kept in the selling dealer’s file.
(10) “Rear body section” means both quarter panels, decklid, bumper, and floor pan.
(11) “Satisfaction of lien” means full payment of a debt or release of a debtor from a lien by the lienholder.
(12) “Used motor vehicle” means any motor vehicle that is not a “new motor vehicle” as defined in subsection (9).
History.—s. 1, ch. 82-134; s. 2, ch. 89-333; s. 22, ch. 95-333; s. 20, ch. 2000-313; s. 7, ch. 2002-235; s. 15, ch. 2008-176; s. 29, ch. 2009-21.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.1414 - Department-Authorized Private Rebuilt Inspection Providers; Investigations; Examinations; Proceedings; Subpoenas and Other Process; Witnesses; Oaths; Rules.

319.1414 Department-authorized private rebuilt inspection providers; investigations; examinations; proceedings; subpoenas and other process; witnesses; oaths; rules.—
(1) The department may conduct investigations and examinations of department-authorized private rebuilt inspection providers as it deems necessary to determine whether a person is violating or has violated this chapter or a contract entered into pursuant to this chapter or to assist with the enforcement of this chapter.
(2) For purposes of any investigation or examination conducted pursuant to this section, the department may exercise the power of subpoena and the powers to administer oaths or affirmations, to examine witnesses, to require affidavits, to take depositions, and to compel the attendance of witnesses and the production of books, papers, documents, records, and other evidence. A designated agent of the department may serve a subpoena relating to an investigation or examination.
(3) If a person refuses to testify; to produce books, papers, documents, or records; or to otherwise obey a subpoena or subpoena duces tecum issued under subsection (2), the department may petition a court of competent jurisdiction in the county where the person’s residence or principal place of business is located, upon which the court must issue an order requiring such person to obey the subpoena or show cause for failing to obey the subpoena. Unless the person shows sufficient cause for failing to obey the subpoena, the court shall direct the person to obey the subpoena. Failure to comply with such order is contempt of court.
(4) For the purpose of any investigation, examination, or proceeding initiated by the department under this chapter, the department may designate agents to serve subpoenas and other process and to administer oaths or affirmations.
(5) Information received by the department as a result of an investigation or examination conducted pursuant to this section is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation or examination ceases to be active or administrative action taken by the department has concluded or been made part of a hearing or court proceeding. The department may release information that is made confidential and exempt under this subsection in furtherance of its official duties and responsibilities or, if released to another governmental agency, in the furtherance of that agency’s official duties and responsibilities. This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.
(6) The department may adopt rules to administer this section.
History.—s. 4, ch. 2021-187; s. 1, ch. 2021-237; s. 20, ch. 2022-4.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.145 - Autonomous Vehicles.

319.145 Autonomous vehicles.—
(1) An autonomous vehicle registered in this state must meet all of the following requirements:
(a) When required by federal law:
1. Have been certified in accordance with federal regulations in 49 C.F.R. part 567 as being in compliance with applicable federal motor vehicle safety standards.
2. Bear the required certification label or labels including reference to any exemption granted under applicable federal law.
(b) Be capable of being operated in compliance with the applicable traffic and motor vehicle laws of this state, regardless of whether the vehicle is operating with the automated driving system engaged.
(2) If the autonomous vehicle is not fully autonomous, the vehicle must have a system to safely alert a licensed human operator physically present in the vehicle if an automated driving system failure is detected while the automated driving system is engaged. When an alert is given, the system must require the licensed human operator to take control of the autonomous vehicle or must achieve a minimal risk condition. The term “minimal risk condition” means a reasonably safe state, such as bringing the vehicle to a complete stop and activating the vehicle’s hazard lamps.
(3) If the autonomous vehicle is fully autonomous, it must be able to achieve a minimal risk condition if a failure of the automated driving system occurs which renders that system unable to perform the entire dynamic driving task relevant to its intended operational design domain.
(4) Federal regulations promulgated by the National Highway Traffic Safety Administration shall supersede this section when found to be in conflict with this section.
History.—s. 4, ch. 2012-111; s. 108, ch. 2012-174; s. 9, ch. 2016-181; s. 14, ch. 2016-239; s. 9, ch. 2019-101.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.17 - Rules; Forms; Indexes and Records.

319.17 Rules; forms; indexes and records.—
(1) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter, including rules that allow alternative methods of proof of satisfaction of liens.
(2) The department shall prescribe all forms required by or deemed necessary to the administration of this chapter. The department shall maintain a sufficient supply of blank forms and shall provide any form other than a certificate of title without charge to any resident of this state upon request. The department shall adopt as rules the documents and forms contained in former s. 319.31, with such modifications as it deems necessary to the effective administration of this chapter.
(3) The department shall maintain indexes of motor vehicles and mobile homes by name of owner, by title number, and by manufacturer’s motor number or vehicle identification number. The department shall keep an electronic record of notices of liens and satisfactions thereof. Such indexes and records shall be open to the inspection of the public at all reasonable times, except as provided in chapter 119.
History.—s. 3, ch. 20917, 1941; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 3, ch. 82-134; s. 2, ch. 97-185; s. 61, ch. 98-200; s. 21, ch. 2000-313.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.20 - Application of Law.

319.20 Application of law.—Except as otherwise specifically provided, this chapter applies exclusively to motor vehicles and mobile homes required to be registered and licensed under the laws of this state and defined by such registration laws, including residential manufactured buildings placed on mobile home lots under s. 553.382. A residential manufactured building placed on a mobile home lot as provided in s. 553.382 shall be treated as a mobile home for purposes of this chapter. The provisions of this chapter do not apply to any moped or to any trailer or semitrailer having a net weight of less than 2,000 pounds. All provisions of this chapter relating to title certificates also apply to any recreational vehicle-type unit and to any mobile home classified and taxed as real property pursuant to s. 320.0815(2); and no title, lien, or other interest in such vehicle or mobile home shall be valid unless evidenced in accordance with this chapter.
History.—s. 1, ch. 23658, 1947; s. 6, ch. 65-190; s. 1, ch. 65-447; s. 4, ch. 82-134; s. 7, ch. 2015-163.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.235 - Encumbrance of Co-Owned Motor Vehicle or Mobile Home.

319.235 Encumbrance of co-owned motor vehicle or mobile home.—When a motor vehicle or mobile home is registered in the names of two or more persons as co-owners in the alternative by the use of the word “or,” whether or not the co-owners are husband and wife, each co-owner shall be deemed to have granted to any other co-owner the absolute right to place a lien or encumbrance on the motor vehicle or mobile home; and the signature of one co-owner shall constitute proper execution of the notice of lien. When a motor vehicle or mobile home is registered in the names of two or more persons as co-owners in the conjunctive by the use of the word “and,” the signature of each co-owner shall be required in order to place a lien or encumbrance on the motor vehicle or mobile home.
History.—s. 8, ch. 82-134.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.241 - Removal of Lien From Records.

319.241 Removal of lien from records.—The owner of a motor vehicle or mobile home upon which a lien has been filed with the department or noted upon a certificate of title for a period of 5 years may apply to the department in writing for such lien to be removed from the department files or from the certificate of title. The application shall be accompanied by evidence satisfactory to the department that the applicant has notified the lienholder by certified mail, not less than 20 days prior to the date of the application, of his or her intention to apply to the department for removal of the lien. Ten days after receipt of the application, the department may remove the lien from its files or from the certificate of title, as the case may be, if no statement in writing protesting removal of the lien is received by the department from the lienholder within the 10-day period. If, however, the lienholder files with the department within the 10-day period a written statement that the lien is still outstanding or that a second judgment lien certificate has been filed with the Department of State, the department shall not remove the lien until the lienholder presents a satisfaction of lien to the department. If a second judgment lien certificate was filed with the Department of State, the department must remove the notice of the first judgment lien certificate and add notation of the second judgment lien certificate at the end of all noted liens. Ten days after the receipt of an application for a derelict motor vehicle certificate and notification to the lienholder, the department may remove the lien from the derelict motor vehicle record if a written statement protesting removal of the lien is not received by the department from the lienholder within the 10-day period.
History.—s. 1, ch. 59-479; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 10, ch. 82-134; s. 342, ch. 95-148; s. 8, ch. 2010-198; s. 8, ch. 2023-300.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.271 - Terminal Rent Adjustment Clause.

319.271 Terminal rent adjustment clause.—In the case of motor vehicles or trailers, notwithstanding any other provision of law, a transaction does not create a security interest merely because it provides that the rental price is permitted or required to be adjusted under the agreement either upward or downward by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.
History.—s. 8, ch. 90-278.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.29 - Lost or Destroyed Certificates.

319.29 Lost or destroyed certificates.—
(1) If a certificate of title is lost or destroyed, application for a duplicate copy thereof shall be made to the department by the owner of the motor vehicle or mobile home or the holder of a lien thereon upon a form prescribed by the department and accompanied by the fee prescribed in this chapter. The application shall be signed and sworn to by the applicant. Thereupon the department shall issue a duplicate copy of the certificate of title to the person entitled to receive the certificate of title under the provisions of this chapter. The duplicate copy and all subsequent certificates of title issued in the chain of title originated by such duplicate copy shall be plainly marked across their faces “duplicate copy,” and any subsequent purchaser of the motor vehicle or mobile home in the chain of title originating through such duplicate copy shall acquire only such rights in the motor vehicle or mobile home as the original holder of the duplicate copy himself or herself had.
(2) Any purchaser of such motor vehicle or mobile home may at the time of purchase require the seller to indemnify him or her and all subsequent purchasers of the motor vehicle or mobile home against any loss which he, she, or they may suffer by reason of any claim or claims presented upon the original certificate. If the original certificate of title is recovered by the owner, he or she shall forthwith surrender the original certificate to the department for cancellation.
(3) If, following the issuance of an original, duplicate, or corrected certificate of title by the department, the certificate is lost in transit and is not delivered to the addressee, the owner of the motor vehicle or mobile home, or the holder of a lien thereon, may, within 180 days of the date of issuance of the title, apply to the department for reissuance of the certificate of title. No additional fee shall be charged for reissuance under this subsection.
(4) The department shall implement a system to verify that the application is signed by a person authorized to receive a duplicate title certificate under this section if the address shown on the application is different from the address shown for the applicant on the records of the department.
History.—s. 10, ch. 23658, 1947; s. 8, ch. 25150, 1949; s. 11, ch. 25035, 1949; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 14, ch. 82-134; s. 13, ch. 89-333; s. 345, ch. 95-148; s. 27, ch. 97-300.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.323 - Expedited Service; Applications; Fees.

319.323 Expedited service; applications; fees.—The department shall establish a separate title office which may be used by private citizens and licensed motor vehicle dealers to receive expedited service on title transfers, title issuances, duplicate titles, and recordation of liens. A fee of $10 shall be charged for this service, which fee is in addition to the fees imposed by s. 319.32. The fee, after deducting the amount referenced by s. 319.324 and $3.50 to be retained by the processing agency, shall be deposited into the General Revenue Fund. Application for expedited service may be made by mail or in person. The department shall issue each title applied for under this section within 5 working days after receipt of the application except for an application for a duplicate title certificate covered by s. 319.23(4), in which case the title must be issued within 5 working days after compliance with the department’s verification requirements.
History.—s. 1, ch. 79-399; s. 17, ch. 82-134; s. 8, ch. 89-333; s. 16, ch. 96-413; s. 8, ch. 2009-71; s. 26, ch. 2013-160.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.324 - Odometer Fraud Prevention and Detection; Funding.

319.324 Odometer fraud prevention and detection; funding.—
(1) Moneys received by the department pursuant to s. 319.32(1) in the amount of $1 for each original certificate of title, each duplicate copy of a certificate of title, and each assignment by a lienholder shall be deposited into the Highway Safety Operating Trust Fund. There shall also be deposited into the fund moneys received by the department pursuant to s. 319.323 in the amount of $5 for each expedited service performed by the department for which a fee is assessed.
(2) Moneys deposited into the Highway Safety Operating Trust Fund under this section shall be used to implement and maintain efforts by the department to prevent and detect odometer fraud, including the prompt investigation of alleged instances of odometer mileage discrepancies reported by licensed motor vehicle dealers, auctions, or purchasers of motor vehicles. In addition, moneys deposited into the fund may be used by the department for general operations.
History.—s. 14, ch. 89-333; s. 1, ch. 92-119; s. 62, ch. 93-120; s. 9, ch. 2009-71; s. 79, ch. 2010-102.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.34 - Transfer Without Delivery of Certificate; Operation or Use Without Certificate; Failure to Surrender; Other Violations.

319.34 Transfer without delivery of certificate; operation or use without certificate; failure to surrender; other violations.—Whoever, except as otherwise provided for in this chapter, purports to sell or transfer a motor vehicle or mobile home without delivering to the purchaser or transferee thereof a certificate of title thereto duly assigned to such purchaser as provided in this chapter or operates or uses in this state a motor vehicle or mobile home for which a certificate of title is required without such certificate having been obtained in accordance with the provisions of this chapter, or upon which the certificate of title has been canceled; whoever fails to surrender any certificate of title, certificate of registration, license plate, or sticker upon cancellation of the same by the department and notice thereof as prescribed in this chapter; whoever fails to surrender the certificate of title to the department as provided in this chapter in case of the destruction or dismantling or change of a motor vehicle or mobile home in such respect that it is not the motor vehicle or mobile home described in the certificate of title; or whoever violates any of the other provisions of this chapter, or any lawful rule adopted pursuant to the provisions of this chapter, shall be fined not more than $500 or imprisoned for not more than 6 months, or both, for each offense.
History.—s. 15, ch. 23658, 1947; s. 12, ch. 25150, 1949; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 19, ch. 82-134.
2023 Florida Statutes › Title XXIII - Motor Vehicles › Chapter 319 - Title Certificates › 319.40 - Transactions by Electronic or Telephonic Means.

319.40 Transactions by electronic or telephonic means.—
(1) The department may accept any application provided for under this chapter by electronic or telephonic means.
(2) The department may issue an electronic certificate of title in lieu of printing a paper title.
(3) The department may collect electronic mail addresses and use electronic mail in lieu of the United States Postal Service as a method of notification. However, any notice regarding the potential forfeiture or foreclosure of an interest in property must be sent via the United States Postal Service.
History.—s. 18, ch. 97-300; s. 26, ch. 2012-181.