Florida Statute 320.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

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F.S. 320.05

320.05 Records of the department; inspection procedure; lists and searches; fees.—

(1) Except as provided in chapter 119 and s. 320.025(3), the department may release records as provided in this section.

(2) Upon receipt of an application for the registration of a motor vehicle, vessel, or mobile home, as herein provided for, the department shall register the motor vehicle, vessel, or mobile home under the distinctive number assigned to such motor vehicle, vessel, or mobile home by the department. Electronic registration records shall be open to the inspection of the public during business hours. Information on a motor vehicle or vessel registration may not be made available to a person unless the person requesting the information furnishes positive proof of identification. The agency that furnishes a motor vehicle or vessel registration record shall record the name and address of any person other than a representative of a law enforcement agency who requests and receives information from a motor vehicle or vessel registration record and shall also record the name and address of the person who is the subject of the inquiry or other information identifying the entity about which information is requested. A record of each such inquiry must be maintained for a period of 6 months from the date upon which the information was released to the inquirer. Nothing in this section shall prohibit any financial institution, insurance company, motor vehicle dealer, licensee under chapter 493, attorney, or other agency which the department determines has the right to know from obtaining, for professional or business use only, information in such records from the department through any means of telecommunication pursuant to a code developed by the department providing all fees specified in subsection (3) have been paid. The department shall disclose records or information to the child support enforcement agency to assist in the location of individuals who owe or potentially owe support, as defined in s. 409.2554, or to whom such an obligation is owed pursuant to Title IV-D of the Social Security Act.

(3)(a) The department is authorized, upon application of any person and payment of the proper fees, to prepare and furnish lists containing motor vehicle or vessel information in such form as the department may authorize, to search the records of the department and make reports thereof, and to make photographic copies of the department records and attestations thereof.

(b) Fees therefor shall be charged and collected as follows:

1. For providing lists of motor vehicle or vessel records for the entire state, or any part or parts thereof, divided according to counties, a sum computed at a rate of not less than 1 cent nor more than 5 cents per item.

2. For providing noncertified photographic copies of motor vehicle or vessel documents, $1 per page.

3. For providing noncertified photographic copies of micrographic records, $1 per page.

4. For providing certified copies of motor vehicle or vessel records, $3 per record.

5. For providing noncertified computer-generated printouts of motor vehicle or vessel records, 50 cents per record.

6. For providing certified computer-generated printouts of motor vehicle or vessel records, $3 per record.

7. For providing electronic access to motor vehicle, vessel, and mobile home registration data requested by tag, vehicle identification number, title number, or decal number, 50 cents per item.

8. For providing electronic access to driver license status report by name, sex, and date of birth or by driver license number, 50 cents per item.

9. For providing lists of licensed mobile home dealers and manufacturers and recreational vehicle dealers and manufacturers, $15 per list.

10. For providing lists of licensed motor vehicle dealers, $25 per list.

11. For each copy of a videotape record, $15 per tape.

12. For each copy of the Division of Motorist Services Procedures Manual, $25.

(d) The department shall furnish such information without charge to any court or governmental entity.

(e) When motor vehicle, vessel, or mobile home registration data is provided by electronic access through a tax collector’s office, the applicable fee as provided in paragraph (b) must be collected and deposited pursuant to paragraph (c). However, when such registration data is obtained through an electronic system described in s. 320.03(10), s. 320.0609, or s. 320.131 and results in the issuance of a title certificate or the registration credential, such fee shall not apply.

(4) The department is authorized to reproduce such documents, records, and reports as required to meet the requirements of the law and the needs of the public, either by photographing, microphotographing, or reproducing on film the document, record, or report, or by using an electronic digitizing process capable of reproducing a true and correct image of the original source document. The photographs, microphotographs, or electronic digitized copy of any records made in compliance with the provisions of this section shall have the same force and effect as the originals thereof and shall be treated as originals for the purpose of their admissibility into evidence. Duly certified or authenticated reproductions of such photographs, microphotographs, or electronically digitized records shall be admitted into evidence equally with the original photographs, microphotographs, or electronically digitized records.

(5) The creation and maintenance of records by the Division of Motorist Services pursuant to this chapter shall not be regarded as law enforcement functions of agency recordkeeping.

History.—s. 3, ch. 7275, 1917; RGS 1008; CGL 1282; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 69-178; s. 5, ch. 77-357; s. 1, ch. 82-112; s. 12, ch. 83-218; s. 9, ch. 83-318; s. 2, ch. 89-48; s. 46, ch. 94-306; s. 15, ch. 95-333; s. 153, ch. 96-406; s. 17, ch. 96-413; s. 41, ch. 97-170; s. 4, ch. 97-185; s. 27, ch. 2000-313; s. 21, ch. 2001-158; s. 116, ch. 2002-20; s. 3, ch. 2002-215; s. 39, ch. 2004-335; s. 46, ch. 2005-251; s. 18, ch. 2010-223; s. 17, ch. 2011-66.

F.S. 320.05 on Google Scholar

F.S. 320.05 on Casetext

Amendments to 320.05

Arrestable Offenses / Crimes under Fla. Stat. 320.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 320.05.

Annotations, Discussions, Cases:

Cases Citing Statute 320.05

Total Results: 13

Recovery Racing, LLC d/b/a Maserati of Fort Lauderdale v. State of Florida Department of Highway Safety and Motor Vehicles, Maserati North America, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 192 So. 3d 665, 2016 WL 3065645, 2016 Fla. App. LEXIS 8326

Snippet: e.g., §§ 320.02, 320.03, 320.031, 320.04, 320.05, 320.06, 320.0605, 320.071, 320.0715, Fla. Stat

Chandler v. City of Greenacres

Court: District Court of Appeal of Florida | Date Filed: 2014-06-11

Citation: 140 So. 3d 1080, 2014 Fla. App. LEXIS 8861, 2014 WL 2589180

Snippet: (1992) (in footnote 14, giving example of section 320.05, Florida Statutes, which requires DHSMV to record

Horowitz v. PLANTATION GENERAL HOSP. LTD.

Court: Supreme Court of Florida | Date Filed: 2007-05-24

Citation: 959 So. 2d 176, 2007 WL 1498968

Snippet: section 458.320(5)(g) authorizes physicians to "opt out" of these requirements. Section 458.320(5)(g) states

Joseph v. Tenet Healthsystem North Shore, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-03-14

Citation: 951 So. 2d 104, 2007 Fla. App. LEXIS 3697, 2007 WL 755100

Snippet: physician elected to opt out under section 458.320(5)(g), Florida Statutes (2005), and he later failed

North Miami Medical Center, Ltd. v. Miller

Court: District Court of Appeal of Florida | Date Filed: 2005-03-02

Citation: 896 So. 2d 886, 2005 WL 475437

Snippet: requirements of subsection (2)(b) through section 458.320(5)(g),[2] whereby the physician agrees to be personally

MERCY HOSP., INC. v. Baumgardner

Court: District Court of Appeal of Florida | Date Filed: 2003-12-24

Citation: 870 So. 2d 130, 2003 WL 23008811

Snippet: demonstrating compliance with the statute. See § 458.320(5)(g), Fla. Stat. (2002). Mercy Hospital argues the

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: 215, 5.230, 5.235, 5.241, 5.260, 5.270, 5.275, 5.320, 5.330, 5.340, 5.345, 5.346, 5.355, 5.360, 5.380,

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-06-30

Snippet: See, e.g., s. 28.24, Fla. Stat. 6 See, e.g., s. 320.05(3)(b), Fla. Stat., stating: "Fees therefor shall

Amendments to the Florida Family Law Rules

Court: Supreme Court of Florida | Date Filed: 1998-02-26

Citation: 713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Snippet: ____________________, Florida for ___ years. *320 5. The adoptee's name shall be: ______________

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-04-28

Snippet: denied, 444 U.S. 867 (1979). 4 329 So.2d at 318, 320. 5 See, section 219.075(1)(b), Fla. Stat. (1993),

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-10-04

Snippet: with a statute or court order. For example, s. 320.05, F.S., requires the Department of Highway Safety

Rabatie v. US SEC. Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1991-07-02

Citation: 581 So. 2d 1327, 1989 WL 81699

Snippet: Kelly, Blashfield Automobile Law & Practice § 320.5 at 24-25 (1987) (footnotes omitted); accord 12 Couch

Duttenhofer v. Duttenhofer

Court: District Court of Appeal of Florida | Date Filed: 1985-06-04

Citation: 474 So. 2d 251, 10 Fla. L. Weekly 1374

Snippet: lasted only three months, gave up alimony of $1,320). [5] Antenuptial contracts arise when there is a