CopyCited 8 times | Published | Court of Appeals for the Eleventh Circuit | 2011 U.S. App. LEXIS 16808, 2011 WL 3505267
...vehicles in Florida, State Farm could
have logically viewed that act as one of convenience rather than a declaration of
their intent to become permanent Florida citizens.15
15
That conclusion jibes with the thrust of Fla. Stat. § 320.38, which requires that any
individual who accepts employment in Florida register his vehicles with the State motor vehicles
department within ten days of beginning work. Because the Duckworths did not register their
motor vehicles with Florida in accordance with § 320.38, a reasonable observer might have
27
Moreover, are more importantly, the Duckworths had rejected an opportunity
to purchase Florida coverage when it was offered to them by Banks and instead
chose to renew their Maryland policies with Whiting....
0 red0 yellow19 green0 procedural
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...cient period of time to subject its owner to the security requirements of section
627.733. Accordingly, the court below did not err in the construction and application of the statute. *175 Dixie contends, alternatively, that Epperson was required by section
320.38(1), [2] to register and license his pickup truck in Florida within ten days after he had begun work here and that Epperson was, therefore, required by section
627.733(1) [3] to obtain no-fault insurance, including PIP coverage, regardless of the application of section
627.733(2)....
...Since Epperson failed to have the required insurance, Dixie argues, he is precluded from recovering PIP benefits from Dixie. Epperson responds to this argument by citing section
320.39, Florida Statutes (1981), [4] which authorizes reciprocal agreements for nonresident exemption from the provisions of section
320.38....
...above because it was not presented to the trial court below. We note, however, that Dixie's motion for summary judgment did not specify, as one of the grounds supporting relief, Epperson's failure to register the pickup truck in Florida pursuant to section 320.38....
...mmary judgment for appellee is AFFIRMED. SMITH and BARFIELD, JJ., concur. NOTES [1] Section
627.730, et seq., Florida Statutes (1983). This act was formerly known as the "Florida Automobile Reparations Reform Act." §
627.730, Fla. Stat. (1981). [2] Section
320.38(1), Florida Statutes (1981), reads as follows: The provisions of law authorizing the operation of motor vehicles over the highways of the state by nonresidents of this state, when such vehicles are duly registered or licensed under the...
0 red0 yellow0 green2 procedural
Review deniedSeymour (1994)phrase: "review denied"
CopyPublished | Florida 6th District Court of Appeal
...Thus, nonresident visitors who drive their cars in the
state do not immediately become subject to Florida car registration requirements.
But a nonresident car owner who works in Florida or enrolls a child in a Florida
public school loses the nonresident exemption and must register any car used in
Florida. § 320.38, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...vehicles in Florida, State Farm could
have logically viewed that act as one of convenience rather than a declaration of
their intent to become permanent Florida citizens.15
15
That conclusion jibes with the thrust of Fla. Stat. § 320.38, which requires that any
individual who accepts employment in Florida register his vehicles with the State motor vehicles
department within ten days of beginning work. Because the Duckworths did not register their
motor vehicles with Florida in accordance with § 320.38, a reasonable observer might have
27
Moreover, and more importantly, the Duckworths had rejected an
opportunity to purchase Florida coverage when it was offered to them by Banks and
instead chose to renew their Maryland policies with Whiting....
CopyPublished | Court of Appeals for the Eleventh Circuit
...vehicles in Florida, State Farm could
have logically viewed that act as one of convenience rather than a declaration of
their intent to become permanent Florida citizens.15
15
That conclusion jibes with the thrust of Fla. Stat. § 320.38, which requires that any
individual who accepts employment in Florida register his vehicles with the State motor vehicles
department within ten days of beginning work. Because the Duckworths did not register their
motor vehicles with Florida in accordance with § 320.38, a reasonable observer might have
27
Moreover, are more importantly, the Duckworths had rejected an opportunity
to purchase Florida coverage when it was offered to them by Banks and instead
chose to renew their Maryland policies with Whiting....
