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Temporary Tag System Compliance

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This guide is specifically for Florida auto dealers using the Electronic Temporary Registration (ETR) System. Dealers must comply with Florida laws and FLHSMV regulations to operate legally and avoid penalties.

Florida's ETR compliance standards require dealers to issue temporary tags accurately, maintain proper documentation, and follow the outlined procedures for issuing and managing temporary tags. Noncompliance can result in penalties, license suspension, or legal consequences. This guide is structured to address each aspect of compliance.

Temporary tags in Florida are governed by Section 320.131 of the Florida Statutes. Key regulations under this statute include:

  • Issuance Authorization: Temporary tags may be issued for specified purposes (10, 30, or 90 days). Temporary tags issued by dealers always have a duration of 30 days.
  • Accountability: Misuse, including unauthorized issuance of tags, can lead to fines or criminal penalties.
  • Electronic System: The ETR system must be used for issuing and recording tags, unless there is an outage (see RS-31, p. 2).

For legal clarity, refer to Florida Administrative Code 15C-16, which provides further guidelines on electronic filing systems for dealers.

Issuance of Temporary Tags​

Temporary Tag Limitations and Rules​

Customer-Specific Limitations​

Each customer is allowed up to two 30-day temporary tags per vehicle. For example, if Jane Doe buys a vehicle, she can receive a second 30-day tag only if required. No additional tags may be issued for her on that vehicle.

Vehicle-Specific Limitations​

Each vehicle is permitted up to four 30-day temporary tags, regardless of the number of owners. If a new customer, such as John Smith, purchases the same vehicle, he may receive two temporary tags as long as the vehicle's total issuance limit has not been exceeded (RS-31, p. 2).

Single-Use Requirement​

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A temporary tag must be used exclusively on one vehicle. Reusing or transferring a tag is prohibited, as each tag is assigned and printed specifically for the vehicle and customer.

Out-of-State and Special Circumstances​

For vehicles registered in another state, dealers must record out-of-state insurance information when issuing tags. Specific documentation, including the title and VIN, must accompany these requests (RS-31, p. 3).

Insurance Verification​

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Dealers are required to verify insurance coverage when issuing temporary tags, except in cases of motorcycles, trailers, and federally owned vehicles. For guidance on acceptable forms of insurance verification, refer to RS-36 and TL-01 in the Motor Vehicle Procedure Manual.

Display and Usage Requirements​

Display Location​

Temporary tags must be conspicuously displayed on the rear of the vehicle in the designated license plate area. For vehicles requiring front display, such as those registered in jurisdictions with front plate requirements, place the tag in the front plate holder (RS-31, p. 8).

Usage Duration and Expiration​

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A 30-day temporary tag is standard for dealers. It expires after this period, and vehicles cannot operate legally on expired tags. Dealers should remind customers that an expired tag is a violation under Florida law, as noted in Section 320.131 of the Florida Statutes.

System Outage Protocols​

In cases where the ETR system is unavailable, dealers may issue pre-printed tags. They must:

  • Complete Form HSMV 82082 for each offline issuance and keep records for five years (RS-31, p. 6)
  • Report offline-issued tags to FLHSMV within one business day
  • Refer to RS-05 for additional guidance on system outages

Sales Tax Compliance​

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When issuing a Florida temporary tag to an out-of-state buyer, sales tax must be collected, typically at the buyer's home state rate, as per Section 320.38 of the Florida Statutes. Dealers must also file Form DR123 to document partial sales tax exemptions for out-of-state buyers (RS-31, p. 8).

Additional Guidelines​

Pre-Printed Tag Usage​

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Pre-printed tags are for trailers under 2,000 lbs. or in the event of an ETR outage only. They are not intended for standard issuance.

Third-Party Issuance​

Dealers may not issue tags for vehicles already registered with a metal plate unless the plate is inactive or pending transfer.

Compliance Requirements​

Identity Verification​

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Dealers must avoid any attempt to obscure the true owner's identity by assigning tags to fictitious persons, which is punishable under Section 320.131(6) as a felony.

Documentation​

All temporary tag issuance records must be kept on file for a minimum of five years for audit purposes.

Key Resources​

  • Florida Statutes 320.131 on temporary tag issuance
  • RS-31 for specific ETR compliance and procedural guidelines
  • RS-36 for insurance verification requirements