Senate Bill 2360

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    Florida Senate - 2000                                  SB 2360

    By Senator Sullivan





    22-1513-00

  1                      A bill to be entitled

  2         An act relating to the motor vehicle industry;

  3         creating within the Department of Highway

  4         Safety and Motor Vehicles the Task Force

  5         Committee on the Motor Vehicle Industry to

  6         study the motor vehicle sales industry and

  7         problems associated with licensing

  8         requirements, foreign dealers, the sale of

  9         vehicles by unlicensed dealers, and the various

10         ways vehicles are sold in today's market;

11         providing for per diem and travel expenses;

12         providing for a report; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Study on the motor vehicle industry.--

18         (1)  TASK FORCE COMMITTEE ON MOTOR VEHICLE

19  INDUSTRY.--There is created within the Department of Highway

20  Safety and Motor Vehicles the Task Force Committee on the

21  Motor Vehicle Industry. The committee shall examine and

22  evaluate the motor vehicle industry, including the licensing

23  of dealers, and the enforcement of dealer regulations, and the

24  structure and manner in which the department carries out its

25  regulatory purpose.

26         (2)  MEMBERSHIP; ORGANIZATION; MEETINGS.--

27         (a)  The committee shall be composed of 12 members. The

28  members shall be appointed as follows:

29         1.  The Governor shall appoint one member representing

30  the Division of Motor Vehicles, one member recommended by the

31  Florida Independent Automobile Dealers Association, one member

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    Florida Senate - 2000                                  SB 2360
    22-1513-00




  1  recommended by the Florida Automobile Dealers Association, and

  2  one member from an auction chain that is recommended by a

  3  group affiliated with the National Auto Auction Association.

  4         2.  The President of the Senate shall appoint one

  5  member representing the Department of Revenue, one member

  6  recommended by the Florida Automobile Dealers Association, a

  7  Tax Collector member recommended by the Florida Tax Collectors

  8  Association, and one member recommended by the Better Business

  9  Bureau.

10         3.  The Speaker of the House of Representatives shall

11  appoint one member representing the Division of Consumer

12  Services of the Department of Agriculture and Consumer

13  Services, one member recommended by the Florida Independent

14  Automobile Dealers Association, one member from an independent

15  auction that is recommended by a group affiliated with the

16  National Auto Auction Association, and one member representing

17  the segment of the insurance industry which writes motor

18  vehicle dealer surety bonds.

19         (b)  The names of the recommended members shall be

20  submitted to the Department of Highway Safety and Motor

21  Vehicles. A person who desires to be considered to represent

22  the insurance industry or a Better Business Bureau must submit

23  a statement of the designated category to the department,

24  which shall forward all recommended names to the appointing

25  authority for the designated category.

26         (c)  The Governor, the President of the Senate, and the

27  Speaker of the House of Representatives shall each name a

28  liaison that the committee may contact for assistance and

29  information during the course of the committee's existence.

30  The members shall be appointed by July 1, 2000.

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    Florida Senate - 2000                                  SB 2360
    22-1513-00




  1         (d)  Upon appointment of the members, the committee

  2  shall schedule an organizational meeting to be held no later

  3  than July 20, 2000. Thereafter, the committee shall meet at

  4  least once a month at various locations throughout the state.

  5         (3)  PER DIEM, TRAVEL, AND STAFFING.--Members from the

  6  private sector are not entitled to per diem or travel expense

  7  reimbursement. Members from the public sector shall obtain

  8  such reimbursement, if any, from the agency they represent.

  9  Members may request assistance from the Department of Highway

10  Safety and Motor Vehicles as necessary.

11         (4)  REVIEW AND ASSESSMENT OF THE MOTOR VEHICLE

12  INDUSTRY IN THE STATE.--

13         (a)  The committee shall conduct an in-depth review of

14  the motor vehicle industry and the problems associated with

15  licensing requirements, unlicensed persons, and the

16  enforcement of laws and rules, and shall analyze provisions in

17  chapter 320, Florida Statutes, and any other provisions of law

18  relating to the motor vehicle industry and motor vehicle

19  dealer licensing requirements and enforcement.

20         (b)  The committee may:

21         1.  Conduct meetings, hearings, and workshops at

22  different locations around the state.

23         2.  Examine the procedures and methods for approving

24  dealer applicant and dealer locations, enforcement actions

25  against unlicensed persons, and enforcement of laws and rules

26  governing dealers.

27         3.  Assess the roles of the Department of Highway

28  Safety and Motor Vehicles and County Tax Collectors regarding

29  the motor vehicle industry.

30         (5)  INTERIM AND FINAL REPORT; TERMINATION OF

31  COMMITTEE.--By January 31, 2001, the committee shall submit

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    Florida Senate - 2000                                  SB 2360
    22-1513-00




  1  interim findings and recommendations in a written report to

  2  the Governor, the President of the Senate, and the Speaker of

  3  the House of Representatives. The committee shall also make a

  4  final report of its findings and recommendations, which may

  5  include proposed legislation, to the Governor, the President

  6  of the Senate, and the Speaker of the House of Representatives

  7  by March 1, 2001, at which time the committee shall cease to

  8  exist.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

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12            *****************************************

13                          SENATE SUMMARY

14    Creates the Task Force Committee on the Motor Vehicle
      Industry within the Department of Highway Safety and
15    Motor Vehicles to study the motor vehicle sales industry
      and problems associated with licensing requirements,
16    foreign dealers, the sale of vehicles by unlicensed
      dealers, and related issues. Provides for the
17    composition, powers, and duties of the committee.

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