The purpose of this rule amendment is to update applications for certificates of titles by revising application requirements and information to be included in a certificate of title application. Because the proposed updates ....

 

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 purpose of this rule amendment is to update applications for certificates of titles by revising application requirements and information to be included in a certificate of title application. Because the proposed updates necessitated by new federal and state requirements render a single certificate of title application form impracticable, the rule amendment additionally proposes to separate the existing Form HSMV 82040, Application for Certificate of Title, into separate applications for (1) motor vehicles, (2) mobile homes, and (3) vessels. The effect will be to allow the Agency to capture all information required by federal and state laws when processing certificate of title requests for each type of application and to allow for sufficient space and improved readability of application forms.

SUMMARY: HSMV 82040, Application for Certificate of Title, incorporated by reference in Rule 15C-21.001, allows customers to apply for certificates of title for motor vehicles, off-highway vehicles, mobile homes, and vessels. 33 C.F.R. Part 187 imposes requirements on states that participate in the Vessel Identification System and details information that participating states must capture when processing certificate of title requests for vessels. Chapter 2019-76, Laws of Fla., which amends § 328.01, Fla. Stat., and is effective July 1, 2023, removes a certificate of title exemption for certain types of vessels and requires the Department to capture certain information when processing certificate of title requests for vessels. In addition to making the substantive changes required by law, the Department proposes to incorporate by reference three separate forms to allow for sufficient space and to improve readability in applications for certificates of title. The proposed rule amendments and updates to the application forms incorporated by reference will ensure compliance with federal and state requirements and divide the application into three separate forms for motor vehicles, mobile homes, and vessels.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in § 120.541(2)(a), Fla. Stat. As part of this analysis, the Department relied on a checklist of potential adverse impacts or regulatory costs, ultimately concluding that impacted entities (applicants for certificates of title) will not incur adverse direct or indirect costs as a result of the proposed rule. Additionally, no interested party submitted additional information regarding the economic impact.

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, 319.40, 320.02, 328.01, 328.03, 328.07, 328.09, 328.11, 328.13, 328.16, 328.30 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vernon Howell, 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 apply to the department on HSMV # 82040, Application for Certificate of Motor Vehicle Title With/Without Registration (effective _____ 12/19), incorporated herein by reference and available at: [DOS hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-11362 and [Department hyperlink] https://www.flhsmv.gov/pdf/forms/82040.pdf.

(2) Any person applying for a certificate of title to evidence ownership of a mobile home must apply to the department on HSMV #, Application for Certificate of Mobile Home Title (effective _____), incorporated herein by reference and available at: [DOS hyperlink] and [Department hyperlink].

(3) Any person applying for a certificate of title to evidence ownership of a vessel must apply to the department on HSMV #, Application for Certificate of Vessel Title (effective _____), incorporated herein by reference and available at: [DOS hyperlink] and [Department hyperlink].

(4)(2) The department will issue a certificate of title to the applicant uUpon receipt of a completed HSMV #, #, or #; 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 fees, the department will 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, 317.0014, 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. History–New 2-7-13, Amended 12-28-15, 12-3-19,                             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Vernon Howell, Program Manager, 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: May 23, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 16, 2023