The Department proposes to revise HSMV 82040 to comply with federal standards and § 320.02(14), F.S.

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Motor Vehicles

RULE NO.:RULE TITLE:

15C-21.001Application for Certificate of Title

PURPOSE AND EFFECT: The Department proposes to revise HSMV 82040 to comply with federal standards and § 320.02(14), F.S.

SUMMARY: The Department is amending Rule 15C-21.001 to: 1) ensure continued compliance with 33 C.F.R. § 174.16, which requires states to determine whether a vessel has a primary hull identification number in compliance with 33 C.F.R. Part 181, Subpart C, before issuing, renewing, or updating the ownership information for a certificate of number; and 2) update language in response to an amendment to § 320.02(14), F.S., which allows an individual who is deaf or hard of hearing to request that such information be noted on his or her motor vehicle registration.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the nature of the rule, input from the affected industry, and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 317.0005, 319.17, 320.011, 328.01(6), 328.03(8), 328.72(17) FS.

LAW IMPLEMENTED: 92.525, 212.06, 317.0004, 317.0006, 317.0007, 317.0008, 317.0011, 317.0014, 319.14, 319.21, 319.22, 319.225, 319.23, 319.24, 319.27, 319.28, 319.29, 319.34, 319.40, 320.01, 320.02, 328.01, 328.03, 328.07, 328.09, 328.11, 328.13, 328.16, 328.30 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 28, 2019, 10:00 a.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B201, Tallahassee, Florida 32399

To attend the workshop by phone, call [phone], and enter conference room number 408-193-021.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Michael McGlockton, HSMV Program Manager, 2900 Apalachee Parkway, Room A334, Tallahassee, FL 32399-0500, [e-mail], [phone].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael McGlockton, HSMV Program Manager, 2900 Apalachee Parkway, Room A334, Tallahassee, FL 32399-0500, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

15C-21.001 Application for Certificate of Title.

(1) Any person applying for a certificate of title to evidence ownership of a motor vehicle, mobile home, vessel, or off-highway vehicle must or vessel, shall apply to the department on Form HSMV 82040, Application for Certificate of Title With/Without Registration (effective _____ Rev. 11/15), incorporated herein by reference and available on the web at: [DOS hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-06169 and https://www.flhsmv.gov/pdf/forms/82040.pdf.

(2) Upon receipt of a the completed HSMV Form DHSMV 82040, the satisfaction of all statutory requirements including those set forth in Chapters 317, 319, 320, and 328, F.S., and the payment of all appropriate title fees, the department will Department shall issue a certificate of title to the applicant.

Rulemaking Authority 317.0005, 319.17, 320.011, 328.01(6), 328.03(8), 328.72(17) FS. Law Implemented 92.525, 212.06, 317.0004, 317.0006, 317.0007, 317.0008, 317.0011, 317.0012, 317.0014, 317.0017, 319.14, 319.21, 319.22, 319.225, 319.23, 319.24, 319.27, 319.28, 319.29, 319.324, 319.33, 319.34, 319.35, 319.40, 320.01, 320.02, 320.0605, 320.0609, 320.0657, 327.53, 328.01, 328.03, 328.07, 328.09, 328.11, 328.13, 328.16, 328.30, 328.48, 328.68, 328.72 FS. History–New 2-7-13, Amended 12-28-15,                            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael McGlockton, Department of Highway Safety and Motor Vehicles

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2018