Surety Bond Encyclopedia

Certificate of Title Bond - Statewide in Florida

Brief Summary

This bond has no fixed amount. Florida sets it at twice what the department says the vehicle is worth, so a lower-value vehicle means a smaller bond. It gives an owner without a properly assigned title a lawful way to apply for a Florida certificate of title without tracking down the prior owner.

When an applicant cannot give the Florida Department of Highway Safety and Motor Vehicles a certificate of title assigning the prior owner's interest, section 319.23(7), Florida Statutes, allows the department to accept a surety bond instead. The bond equals two times the vehicle's value as determined by the department, must be issued by a surety authorized in Florida, and expires on the third anniversary of its effective date.

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How to Apply for a Certificate of Title Bond:

  • Gather the vehicle year, make, body style and VIN, plus any Florida title number.
  • Get the vehicle value used by the department so the bond can be written at two times that figure.
  • Complete HSMV 82026, naming the prior owner or seller and the date you acquired the vehicle.
  • Apply for the bond and review the quoted premium.
  • Sign HSMV 82033 as principal, with any co-owner, and have the surety agent sign.
  • Submit the bond and affidavit with your application for a Florida certificate of title.

Detailed Information About the Florida Certificate of Title Bond:

The amount depends on the vehicle

There is no standard dollar figure for this bond. Section 319.23(7) sets it at two times the value of the vehicle as determined by the department. The prescribed bond form, HSMV 82033 Title Surety Bond for a Motor Vehicle, ties that value to a current Kelley Blue Book valuation guide.

What goes in with the bond

The bond is filed with HSMV 82026, the Affidavit to Accompany Application for Bonded Title. The applicant describes the vehicle by year, make, body style and VIN, names the prior owner or seller, gives the acquisition date and value, and certifies under penalty of perjury that no security interests, liens or encumbrances exist against the vehicle. The statute requires the affidavit to explain how the applicant acquired the vehicle and to state that the applicant has the right to have a certificate of title issued.

The bond must be on the form the department prescribes, signed by the applicant as principal, with any co-owner, and by the surety agent. If an attorney-in-fact signs for the surety, the original power of attorney is attached. Any change to the document requires a new bond or an amendment from the surety company.

Who the bond protects

The obligee on HSMV 82033 is the Director of the Division of Motorist Services of the State of Florida. The bond indemnifies all prior owners and lienholders, all later purchasers, and anyone who later takes a security interest in the vehicle against expense, loss or damage, including reasonable attorney fees, that results from issuing the title or from a defect in the applicant's ownership rights. The surety's total liability to everyone combined cannot exceed the bond amount.

How long it lasts

The bond expires on the third anniversary of the date it became effective. The surety sets the premium from the bond amount and its review of the applicant.

Eligibility and Requirements for a Florida Certificate of Title Bond:

  • Bond amount of two times the vehicle value as determined by the department.
  • Surety authorized to conduct a surety business in Florida.
  • Prescribed form HSMV 82033 naming the Director of the Division of Motorist Services as obligee.
  • Term ending on the third anniversary of the bond's effective date.
  • Sworn affidavit on HSMV 82026 covering how the vehicle was acquired and any liens.
  • Original power of attorney attached when an attorney-in-fact signs for the surety.

Florida Certificate of Title Bond FAQs:

How much bond do I need?

Two times the value of the vehicle as determined by the department. HSMV 82033 refers to a current Kelley Blue Book valuation guide for that value. There is no flat amount.

Does filing the bond guarantee I get a title?

No. Section 319.23(7) says the department may accept a bond, which leaves the decision with the department.

Who can collect on the bond?

Prior owners, lienholders, later buyers and anyone who later takes a security interest in the vehicle, for loss caused by issuing the title or by a defect in your ownership rights. Total payments cannot exceed the bond amount.

When does the bond end?

On the third anniversary of its effective date. The statute does not provide for ending it early.

Can I bond a vehicle that still has a loan on it?

The statute requires the affidavit to disclose any known liens, and HSMV 82026 asks you to certify that none exist. Ask FLHSMV how to proceed before buying a bond on a vehicle with an open lien.

Official and Additional Resources for the Florida Certificate of Title Bond:

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