The Purpose and Effect of this rule is to implement a secure electronic process for the temporary transfer of license plates.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Division of Motor Vehicles

Rule No.: RULE TITLE
15C-17.001: Requirements
15C-17.002: Exemptions and Restrictions
15C-17.003: Record Retention
PURPOSE AND EFFECT: The Purpose and Effect of this rule is to implement a secure electronic process for the temporary transfer of license plates.
SUMMARY: Electronic Temporary Registration (ETR) is a legislatively authorized program associated with issuing temporary license plates. This program allows all temporary license plate issuers to electronically report the issuance of temporary license plates to the Department. Dealerships issue temporary license plates to customers and electronically submit customer and vehicle information to the Department in real time. Real time access to temporary license plate data provides law enforcement with critical information in protecting the citizens of Florida.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has been prepared by the agency.
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.
SPECIFIC AUTHORITY: 320.0609(8)(c) FS.
LAW IMPLEMENTED: 320.0609(8)(c) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Baker, Assistant Bureau Chief, 2900 Apalachee Parkway, MS-70, Tallahassee, Florida 32399; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

15C-17.001 Requirements.

(1) Every Electronic Temporary Registration (ETR) provider pursuant to Chapter 15C-16, F.A.C. must also provide a method to issue an electronic temporary plate transfer.

(2) Every motor vehicle dealer licensed under Chapter 320 shall report a temporary plate transfer via the ETR System, a tax collector’s office, or a license plate agency prior to the license plate being placed on a newly acquired vehicle.

(3) The dealer must provide verification to the ETR provider that background checks are performed on all principals or prospective users and meet the requirements set forth in this rule prior to the ETR provider allowing access to the system and registering authorized users. The principals or prospective users shall have no convictions of a felony involving fraudulent crimes related to motor vehicles including, but not limited to, identity fraud, embezzlement or other related economic crimes by the principals or prospective users within the last five years. If there were any felony convictions against any principal or prospective user beyond the five years, they must have had their civil rights restored and provide proof of this prior to being authorized to access the system. This does not include any felony convictions involving the actual operation of a motor vehicle.

Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New________.

 

15C-17.002 Exemptions and Restrictions.

(1) In order to be temporarily transferred, the registration must have more than 30 days of valid registration remaining. If the current registration does not meet this requirement, an electronic temporary registration must be issued pursuant to Chapter 15C-16, F.A.C.

(2) When a temporary plate transfer transaction cannot be performed due to connectivity issues, every issuer of temporary plate transfers must perform the following:

(a) Provide written documentation to the customer indicating the transfer could not take place due to a connection failure.

(b) Issue a pre-printed temporary license plate pursuant to subsection 15C-16.002(2), F.A.C.

Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New________.

 

15C-17.003 Record Retention.

Any person or entity authorized to conduct temporary plate transfers shall maintain all records relating to the transfer for a period of 5 years, and such records shall be open to inspection by the department or its agents during reasonable business hours.

Rulemaking Authority 320.0609(8)(c) FS. Law Implemented 320.0609(8) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Boyd Walden, Chief, Bureau of Titles and Registrations, Division of Motor Vehicles, 2900 Apalachee Parkway, MS-68, Tallahassee, Florida 32399-0500
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie Jones, Executive Director
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 26, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 9, 2010