(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.
(m) When the existing owner of a vehicle has submitted an application to transfer a valid out-of-state title that is subject to a lien. A temporary tag issued for this purpose shall be valid for 60 days.
(n) When an active-duty military servicemember who has a valid Florida driver license provides evidence satisfactory to the department that he or she is deployed outside this state. A temporary tag issued for this purpose shall be valid for 60 days.
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 may sell temporary tags, in addition to those listed above, to its agents and where need is demonstrated by a consumer complainant. The fee for a temporary tag issued under this section shall be $2 each. One dollar from each tag sold shall be deposited into the Brain and Spinal Cord Injury Program 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. Except as specifically provided otherwise, a temporary tag issued under this section 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 commits a noncriminal infraction, punishable as a moving violation as provided in chapter 318 in addition to other administrative action by the department. Using a temporary tag that has been expired for a period of 7 days or less is a noncriminal infraction, and is a nonmoving violation punishable as provided for in chapter 318.
(4)(a) Temporary tags shall be conspicuously displayed in the rear license plate bracket or, on vehicles requiring front display of license plates, on the front of the vehicle in the location where the metal license plate would normally be displayed.
(b) The department shall designate specifications for the media upon which the temporary tag is printed. Such media shall be either nonpermeable or subject to weatherproofing so that it maintains its structural integrity, including graphic and data adhesion, in all weather conditions after being placed on a vehicle.
(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, 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 shall administer an electronic system for licensed motor vehicle dealers to use for issuing temporary tags. If a dealer fails to comply with the department’s requirements for issuing temporary tags 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.
(9)(a) The department shall implement a secure print-on-demand electronic temporary tag registration, record retention, and issue system required for use by every department-authorized issuer of temporary tags by the end of the 2007-2008 fiscal year. Such system shall enable the department to issue, on demand, a temporary tag number in response to a request from the issuer by way of a secure electronic exchange of data and then enable the issuer to print the temporary tag 1that has all required information. A motor vehicle dealer licensed under this chapter 2may charge a fee to comply with this subsection.
(b) To ensure the continuation of operations for issuers if a system outage occurs, the department shall allow the limited use of a backup manual issuance method during an outage which requires recordkeeping of information as determined by the department and which requires the timely electronic reporting of this information to the department.
(c) The department may adopt rules necessary to 3administer this subsection. Such rules may include exemptions from the requirements of this subsection as feasibly required to 3administer the program, as well as exemptions for issuers who do not require a dealer license under this chapter because of the type or size of vehicle being sold.
Cited 33 times | Published | Supreme Court of Florida | 2003 WL 21087992
...The Florida statute regulating temporary license tags provided: "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." § 320.131(4), Fla....
...(2000), the Legislature has failed to mandate a distance at which temporary tags must be fully legible. Notably, the temporary tag statute does not specifically require that the expiration date be legible, and it is the State itself which creates and issues the temporary license tag. See § 320.131(1), (4), Fla....
...temporary tag. The officer's inability to read the handwritten expiration date on a properly issued, properly displayed and otherwise legible temporary tag did not establish a valid basis for a suspected violation of the temporary tag requirements. Section 320.131(4), Florida Statutes, which governs temporary tags, requires only that the tag "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." (Emphasis supplied.) This statute does not contain a requirement that the date of expiration, which is written on the tag at the time it is issued, be legible from any specific distance. [1] To construe section 320.131(4) as requiring that a law enforcement officer be able to read the handwritten expiration date as well as the larger, preprinted identification numbers and letters on a temporary tag would mean that almost every motorist *441 driving a vehicle with a temporary tag would be subject to police detention....
Cited 7 times | Published | Florida 5th District Court of Appeal | 2000 WL 217529
...See, e.g., Scott v. State, 436 U.S. 128, 138, 98 S.Ct. 1717, 56 L.Ed.2d 168 (1978). We conclude that a reasonable officer would have been justified in stopping Sands for failing to display a temporary tag in a clearly visible manner in violation of subsection 320.131(4), Florida Statutes (1997). The law governing the display of temporary "tags" and permanent license "plates" has, in recent years, been uncertain. In 1997, the legislature modified Florida Statute section 320.131, by including a new subsection (4), which reads as follows: 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.......
...ement, mutilation, grease and other obscuring matter, so that they will be plainly visible and legible at all times 100 feet from the rear or front. Between the March 4, 1996 repeal of the administrative rule and the enactment of the modification of section 320.131, effective October 1, 1997, one interpretation of section 316.605, was that a temporary tag had to be displayed in the same manner as a permanent license plate, to wit: illuminated at night, securely fastened in the spot for a permanent license plate, and visible from 100 feet. Holmes v. State, 710 So.2d 651 (Fla. 4th DCA 1998). The stop of Sand's van took place in May of 1998, over six months after subsection 320.131(4) became effective....
Cited 5 times | Published | Florida 2nd District Court of Appeal | 1999 WL 218411
...w was based on law that was no longer controlling at the time the officers stopped Parrish's truck on June 12, 1997. See Holmes v. State, 710 So.2d 651 (Fla. 4th DCA), review denied, No. 93,078, 725 So.2d 1108 (Fla. Sept. 22, 1998). Holmes explains: Section 320.131, Florida Statutes (1995), authorized temporary tags, but did not describe how they were to be displayed....
...See Fla. Admin. Code R. 15C-1.005 (April, 1996). . . . At that time, a reasonable reading of the law was that a temporary tag had to be displayed in the same manner as a regular license plate. See §§ 316.221(2), 316.605(1), Fla. Stat. (1995). . . . Section 320.131(4), Florida Statutes (1997), now allows temporary tags to be displayed in the rear window of a vehicle....
Cited 3 times | Published | Florida 4th District Court of Appeal | 1998 WL 171456
...35(1)(b)1.b, Florida Statutes (1995). We note that the initial stop of appellant on the Florida Turnpike was for improper display of a temporary vehicle tag. When the officers first saw appellant's car, no tag was visible on the rear of the vehicle. Section 320.131, Florida Statutes (1995), authorized temporary tags, but did not describe how they were to be displayed....
...o was within his authority to make a stop for a traffic infraction. See Sims v. State, 425 So.2d 563, 568 (Fla. 4th DCA 1982); Gillis v. State, 634 So.2d 725, 726 (Fla. 3d DCA 1994). AFFIRMED. STONE, C.J., and KLEIN and GROSS, JJ., concur. NOTES [1] Section 320.131(4), Florida Statutes (1997), now allows temporary tags to be displayed in the rear window of a vehicle....
...s provided:
“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.”
§ 320.131(4), Fla....
...(2000), the Legislature has failed to
mandate a distance at which temporary tags must be fully legible.
Notably, the temporary tag statute does not specifically require that
the expiration date be legible, and it is the State itself which creates
and issues the temporary license tag. See § 320.131(1), (4), Fla....
Published | Florida 5th District Court of Appeal | 2007 WL 4547385
...I could not distinguish the numbers and letters. As soon as the officer walked up to the driver's side window, he smelled the odor of burnt cannabis coming from the vehicle. Cocaine, cannabis, and drug paraphernalia were subsequently found on Tullis. Tullis contended that section 320.131(4), Florida Statutes (2006), [1] does not require a temporary tag to be legible, only that it be "clearly visible." Thus, Tullis argued, the arresting officer had no basis to detain him because the tag was "clearly visible" to the officer prior to the stop. The trial court agreed with Tullis. Section 320.131(4), Florida Statutes (2006), provides that temporary tags shall be "clearly visible from the rear of the vehicle." We find that where the preprinted identification numbers and letters on a temporary tag are illegible from five feet away, because of a tinted license plate cover, the tag is not "clearly visible." Sands v. State, 753 So.2d 630 (Fla. 5th DCA 2000). Because the officer had probable cause to believe that Tullis had violated section 320.131(4), the officer was authorized to stop Tullis' vehicle. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). Tullis argues that because section 320.131(4) does not expressly state that a temporary tag has to be legible, it is irrelevant whether the officer could read the tag from five feet away....
...The officer's inability to read the handwritten expiration date on a properly issued, properly displayed and otherwise legible temporary tag did not establish a valid basis for a suspected violation of the temporary tag requirements. . . . To construe section 320.131(4) as requiring that a law enforcement officer be able to read the handwritten expiration date as well as the larger, preprinted identification numbers and letters on a temporary tag would mean that almost every motorist driving a vehicle with a temporary tag would be subject to police detention....
...See Blake v. State, 939 So.2d 192, 197 (Fla. 5th DCA 2006); State v. T.P., 835 So.2d 1277, 1279 (Fla. 4th DCA 2003). *915 The trial court erred in granting Tullis' motion to suppress. REVERSED and REMANDED. PLEUS and MONACO, JJ., concur. NOTES [1] Section 320.131(4) provides: 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....
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.
