320.13 Dealer and manufacturer license plates and alternative method of registration.—
(1)(a) Any licensed motor vehicle dealer and any licensed mobile home dealer may, upon payment of the license tax imposed by s. 320.08(12), secure one or more dealer license plates, which are valid for use on motor vehicles or mobile homes owned by the dealer to whom such plates are issued while the motor vehicles are in inventory and for sale, or while being operated in connection with such dealer’s business, but are not valid for use for hire. Dealer license plates may not be used on any tow truck or wrecker unless the tow truck or wrecker is being demonstrated for sale, and the dealer license plates may not be used on a vehicle used to transport another motor vehicle for the motor vehicle dealer.
(b)1. Marine boat trailer dealers and manufacturers may, upon payment of the license taxes imposed by s. 320.08(12), secure one or more dealer plates, which are valid for use on boat trailers owned by the dealer to whom such plates are issued while being used in connection with such dealer’s business, but are not valid for use for hire.
2. It is the intent of the Legislature that the method currently used to license marine boat trailer dealers to do business in the state, that is, by an occupational license issued by the city or county, not be changed. The department shall not interpret this act to mean that it is empowered to license such dealers to do business. An occupational license tax certificate shall be sufficient proof upon which the department may issue dealer license plates.
(c) A dealer of heavy trucks as defined in s. 320.01(10), upon payment of the license tax imposed by s. 320.08(12), may secure one or more dealer license plates that are valid for use on vehicles owned by the dealer to whom such plates are issued while the heavy trucks are in inventory and for sale and are being used only in the state for demonstration purposes. The license plates may be used for demonstration purposes for a period not to exceed 24 hours. The license plates must be validated on a form prescribed by the department and must be retained in the vehicle being operated.
(2) A licensed manufacturer, importer, or distributor of motor vehicles may, upon payment of the license tax imposed by s. 320.08(12), secure one or more manufacturer license plates, which are valid for use on motor vehicles owned by the manufacturer, importer, or distributor to whom such plates are issued while the motor vehicles are in inventory and for sale, being operated for demonstration purposes, or in connection with the manufacturer’s business, but are not valid for use for hire.
(3) When a licensed dealer or a marine boat trailer dealer chooses to register any motor vehicle or boat trailer he or she owns and has for sale and secure a regular motor vehicle license plate therefor, the dealer may, upon sale thereof, submit to the department a transfer fee of $4.50 and an application for transfer of the license plate to a comparable motor vehicle or boat trailer owned by the dealer of the same weight series as set forth under s. 320.08.
Cited 6 times | Published | District Court of Appeal of Florida
...It is undisputed that Gerlach as a dealer was able to purchase and did purchase the dealer's tag in question and *491 furnished same to McGraw for his unrestricted use on the automobile involved in the instant accident. Plaintiff urges liability as a matter of law upon Gerlach by reason of those provisions of F.S. § 320.13, F.S.A., which provide that same shall be valid for use on motor vehicles owned by the registered dealer to whom such tag was issued and while being operated in connection with such dealer's business....
...sesame for the unfettered operation of a motor vehicle on the public highways), lawfully usable only on "motor vehicles owned by the registered dealer to whom such tag was issued and while being operated in connection with such dealers' business" (F.S. 320.13, F.S.A.), is not vicariously liable for the negligent operation of an automobile which is not only not owned by the holder of such license but is with the knowledge and abetment of the licensee unlawfully operated without limitation of use on the public highways under the apparent authority of such license....
...Any other rule would be against public policy, would encourage fraudulent and illegal deceptions on those engaged in enforcing the traffic laws of the State and deprive the public of the protection which these laws are intended to extend to those using the public highways." (Emphasis supplied.) F.S. Section 320.13, F.S.A., contains simple and explicit requirements with respect to the use of dealer's license plates, and the uncontested proofs in the case on review reflect that the defendant dealer, Gerlach, permitted its salesman, defendant *496...
...time of the accident; and I would further hold under the circumstances of this case that Gerlach is estopped to deny that the automobile was being used for Gerlach's business purposes at the time of the accident. I therefore dissent. NOTES [1] See F.S. 320.13, F.S.A....
...[12] Lambert v. Johnson, 109 So.2d 187 (Fla.App.1st, 1959). [13] Wolfe v. City of Miami, 103 Fla. 774, 134 So. 539, 137 So. 892 (1931). [14] Reese v. Reamore, 292 N.Y. 292, 55 N.E.2d 35 (1944). [15] Eggerding v. Bicknell, 20 N.J. 106, 118 A.2d 820 (1955). [1] Section 320.13, Florida Statutes, F.S.A., provides in part: "Dealers' tags provided in this chapter shall be valid for use on motor vehicles owned by the registered dealer to whom such tag was issued and while being operated in connection with such d...
Cited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 538184
...Appellant Ellis was the driver and Appellant Zeigler was a passenger in a vehicle which was stopped by Officer Brownfield, an officer with the Columbia County Sheriff's Office, because he was unable to see the vehicle's license tag, in violation of section 320.13(4), Florida Statutes (2003)....
Cited 2 times | Published | Florida 5th District Court of Appeal | 2007 WL 1372731
...hicle. A circumstance similar to the facts of this case appears in Zeigler v. State, 922 So.2d 384 (Fla. 1st DCA 2006). In that case, an officer stopped the defendants' vehicle "because he was unable to see the vehicle's license tag, in violation of section 320.13(4), Florida Statutes (2003)." Id....
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