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Florida Statute 320.04 - Full Text and Legal Analysis
Florida Statute 320.04 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 320.04 Case Law from Google Scholar Google Search for Amendments to 320.04

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES
Chapter 320
MOTOR VEHICLE LICENSES
View Entire Chapter
320.04 Registration service charge.—
(1)(a) A service charge of $2.50 shall be imposed on each application that is handled in connection with original issuance, duplicate issuance, or transfer of a license plate, mobile home sticker, or validation sticker or with transfer or duplicate issuance of a registration certificate. This service charge shall be retained by the department or by the tax collector, as the case may be, as other fees accruing to those offices.
(b) A service charge of $1 shall also be imposed for the issuance of each license plate validation sticker, vessel decal, and mobile home sticker issued from an automated vending facility or printer dispenser machine. This service charge is payable to the department and shall be used to provide for automated vending facilities or printer dispenser machines that are used to dispense such stickers and decals by each tax collector’s or license tag agent’s employee.
(c) The tax collector may impose an additional service charge of up to 50 cents on any transaction specified in paragraph (a) or paragraph (b), or on any transaction specified in s. 319.32(2)(a) or s. 328.48 if such transaction occurs at a tax collector’s branch office.
(2) The service charges shall be collected by the department on all applications handled directly from its office; and the proceeds thereof, together with any fees returned to it by the tax collector, shall be paid into the Highway Safety Operating Trust Fund. No tax collector, deputy tax collector, or employee of the state or any county shall charge, collect, or receive any fee or compensation for services performed as notary public in connection with or incidental to the issuance of license plates or titles. The provisions of this subsection and of s. 116.38(2) prohibiting the charging, collecting, or receiving of notary public fees do not apply to any privately owned license plate agency appointed by the county manager of a charter county which has an appointed tax collector.
(3) If a tax collector elects to exercise his or her authority to contract with a license plate agent, the tax collector may determine additional service charges to be collected by privately owned license plate agents approved by the tax collector. Additional service charges must be fully itemized and disclosed to the person paying the service charges to the license plate agent. The license plate agent shall enter into a contract with the tax collector regarding the disclosure of additional service charges.
(4) The department may absorb all or any portion of any interchange, assessment, charge back, authorization or settlement or equivalent fees charged by financial institutions relating to a credit or debit card transaction. The department may request approval to establish additional budget authority to pay additional fees related to credit and debit card transactions pursuant to s. 216.177.
History.—s. 2, ch. 7275, 1917; RGS 1007; s. 3, ch. 8410, 1921; s. 2, ch. 10182, 1925; CGL 1281; s. 1, ch. 15625, 1931; ss. 1, 5, ch. 16085, 1933; ss. 1, 2, ch. 23149, 1945; s. 10, ch. 26484, 1951; s. 43, ch. 26869, 1951; s. 1, ch. 61-403; s. 1, ch. 63-143; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 72-79; s. 1, ch. 74-338; s. 6, ch. 75-66; s. 3, ch. 78-207; s. 47, ch. 80-274; s. 1, ch. 82-50; s. 23, ch. 82-134; s. 8, ch. 83-318; s. 2, ch. 85-324; s. 54, ch. 90-132; s. 8, ch. 98-324; s. 19, ch. 99-248; s. 4, ch. 99-289; s. 44, ch. 2000-152; s. 26, ch. 2000-313; s. 12, ch. 2009-71; s. 2, ch. 2014-6; s. 3, ch. 2021-171.

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Amendments to 320.04


Annotations, Discussions, Cases:

Cases Citing Statute 320.04

Total Results: 16  |  Sort by: Relevance  |  Newest First

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Fund for Animals, Inc. v. Rice, 85 F.3d 535 (11th Cir. 1996).

Cited 86 times | Published | Court of Appeals for the Eleventh Circuit

be contrary to the public interest." 33 C.F.R. § 320.4(a)(1). The public interest review evaluates "the
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Deltona Corp. v. Alexander, 682 F.2d 888 (11th Cir. 1982).

Cited 48 times | Published | Court of Appeals for the Eleventh Circuit | 12 Envtl. L. Rep. (Envtl. Law Inst.) 20963, 18 ERC (BNA) 1009, 1982 U.S. App. LEXIS 16765

environmental importance of wetlands. See 33 C.F.R. § 320.4(b). After the requisite public hearings,2 the
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United States v. Weisman, 489 F. Supp. 1331 (M.D. Fla. 1980).

Cited 27 times | Published | District Court, M.D. Florida | 17 ERC 1580, 10 Envtl. L. Rep. (Envtl. Law Inst.) 20698, 17 ERC (BNA) 1580, 1980 U.S. Dist. LEXIS 17339

filtration processes serve to purify water. 33 C.F.R. § 320.4(b)(1) and (2). A review of the evidence reveals
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Lathrop v. Unidentified, Wrecked & Abandoned Vessel, 817 F. Supp. 953 (M.D. Fla. 1993).

Cited 17 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 9882, 1993 WL 105397

and historical and cultural resources. 33 C.F.R. § 320.4. See Zable v. Tabb, 430 F.2d 199 (5th Cir.1970)
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Florida Keys Citizens Coalition, Inc. v. United States Army Corps of Engineers, 374 F. Supp. 2d 1116 (S.D. Fla. 2005).

Cited 11 times | Published | District Court, S.D. Florida | 2005 WL 1539245

be contrary to the public interest." 33 C.F.R. § 320.4(a)(1). The Corps'"public interest review" evaluates
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Sierra Club v. Flowers, 423 F. Supp. 2d 1273 (S.D. Fla. 2006).

Cited 10 times | Published | District Court, S.D. Florida | 62 ERC (BNA) 1265, 2006 U.S. Dist. LEXIS 12579, 2006 WL 760489

as contrary to the public interest." 33 C.F.R. § 320.4(b)(1). This presumption is very strong. See 40
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Fund for Animals, Inc. v. Rice, 85 F.3d 535 (11th Cir. 1996).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1996 WL 281712

be contrary to the public interest.” 33 C.F.R. § 320.4(a)(1). The public interest review evaluates “the
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Deltona Corp. v. Alexander, 682 F.2d 888 (11th Cir. 1982).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit | 18 ERC 1009

environmental importance of wetlands. See 33 C.F.R. § 320.4(b). After the requisite public hearings,2 the District
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Florida Wildlife Fed'n v. United States Army Corps of Engineers, 401 F. Supp. 2d 1298 (S.D. Fla. 2005).

Cited 5 times | Published | District Court, S.D. Florida | 61 ERC (BNA) 1587, 2005 U.S. Dist. LEXIS 22009, 2005 WL 3234287

complete and interrelated wetland area." 33 CFR § 320.4(b)(3). If the permit applicant establishes that
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Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006).

Cited 5 times | Published | District Court, M.D. Florida | 36 Envtl. L. Rep. (Envtl. Law Inst.) 20236, 64 ERC (BNA) 1809, 2006 U.S. Dist. LEXIS 85132, 2006 WL 3365609

the public interest review factors of 33 C.F.R. § 320.4(a).[22] (1) Is SAJ-86 beyond the scope of CWA's
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Sierra Club v. Strock, 495 F. Supp. 2d 1188 (S.D. Fla. 2007).

Cited 2 times | Published | District Court, S.D. Florida | 37 Envtl. L. Rep. (Envtl. Law Inst.) 20188, 65 ERC (BNA) 2082, 2007 U.S. Dist. LEXIS 53604, 2007 WL 2058686

part of the "Public Interest Review"). 33 C.F.R. § 320.4(a)(1)[141]. Additionally, the special nature of
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United States v. Banks, 873 F. Supp. 650 (S.D. Fla. 1995).

Cited 2 times | Published | District Court, S.D. Florida | 25 Envtl. L. Rep. (Envtl. Law Inst.) 20776, 40 ERC (BNA) 1689, 1995 U.S. Dist. LEXIS 561, 1995 WL 21957

to promulgated federal regulations. Id. 3. Section 320.4 of the Corps regulations, promulgated in 1980
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Am. Littoral Soc'y v. Herndon, 720 F. Supp. 942 (S.D. Fla. 1988).

Cited 1 times | Published | District Court, S.D. Florida | 1988 WL 166524

reasonable foreseeable detriments." 33 C.F.R. § 320.4(a)(1). In determining whether to issue a permit
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Ctr. for Biological Diversity v. U.S. Army Corps of Engineers (11th Cir. 2019).

Published | Court of Appeals for the Eleventh Circuit

intended use on the public interest.” 33 C.F.R. § 320.4(a)(1) (emphasis added). Again, the “proposed activity”
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Wright v. Knight, 381 So. 2d 729 (Fla. Dist. Ct. App. 1980).

Published | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16317

...y act. The principal is responsible for the acts of his deputy and the authority of the deputy ceases upon the latter’s death or disqualification. 70 So.2d at 296 . The trial court relied principally on Section 197.086, Florida Statutes (1977) and Section 320.04(2), Florida Statutes (1977) for its determination that Debra Fowler was á deputy tax collector as a matter of law....
...This defunct statute formerly authorized such actions as follows: Tax collectors may appoint a deputy or several deputies to levy upon, and seize personal property for unpaid taxes, and a written appointment from the tax collector, , . . shall be sufficient warrant and authority for such deputy to act, Section 320.04(2) prohibits tax collectors, deputies or other employees from receiving compensation while acting as a notary public in the sale of license tags or titles....
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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

...Dickinson, III Executive Director Florida Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0500 Dear Mr. Dickinson: You ask the following question: Is the machine, AP 2100 Decal Applicator/Printer, or a similar device, an "automated vending facility" as that term is used in section 320.04 (1)(a), Florida Statutes, authorizing a $1 service charge for issuance of motor vehicle license plate validation stickers and mobile home stickers from such a facility? In sum: The AP 2100 Decal Applicator/Printer, or a similar device, when equipped with a debit or credit card scanner allowing individuals to obtain license plate validation stickers by self-service, would be an "automated vending facility" for purposes of collecting the $1 service charge authorized by section 320.04 (1)(a), Florida Statutes....
...d reader for use as a self-service unit. You indicate it is not clear to the department, however, whether this unit, or a similar device, would be considered an "automated vending facility" for purposes of collecting the $1 service charge allowed by section 320.04 (1)(a), Florida Statutes. Section 320.06 (1), Florida Statutes (1996 Supplement), requires a validation sticker for each motor vehicle registration plate issued and a new sticker each year upon renewal. Pursuant to section 320.04 (1)(a), Florida Statutes: "There may also be a service charge of up to $1 for the issuance of each license plate validation sticker and mobile home sticker issued from an automated vending facility which shall be payable to and retaine...
...Thus, the question arises whether the AP 2100, or a similar device, if used in an office where a clerk enters the information and dispenses the validation sticker rather than as a self-service unit, would not be characterized as an "automated vending facility" for purposes of section 320.04 (1)(a), Florida Statutes....
...Accordingly, it is my opinion that the AP 2100, or a similar device, when equipped with a debit or credit card scanner for self-service operation, would be an "automated vending facility" for purposes of collecting the $1 service charge authorized by section 320.04 (1)(a), Florida Statutes....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.