Temporary Tag System Compliance

Caution

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.

Legal Authority and Compliance Standards

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

Note

FLHSMV enforces both of the limits below on their side — an issuance that would exceed them is rejected when you submit it, rather than counted by us.

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

Danger

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

Note

Dealers are required to verify insurance coverage when issuing temporary tags. The app will only let you record no insurance on a motorcycle, a trailer, a mobile home, a vessel or an off-highway vehicle — everything else, a car included, needs a policy on it before the registration will go through. 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

Danger

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

Note

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

Danger

Pre-printed tags are for use when FLHSMV’s system or ours is unavailable. That is what the app asks you to certify when you report one, and it is the only reason it offers. 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

Danger

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