Senate Bill sb1956e2

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    CS for SB 1956                                Second Engrossed



  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.1951, F.S.; revising provisions related to

  4         parking vehicles to display for sale; amending

  5         s. 316.1967, F.S.; authorizing counties to

  6         establish fine amounts for parking violations;

  7         amending s. 316.228, F.S.; requiring strobe

  8         lights to be placed on the exterior of a

  9         commercial vehicle transporting unprocessed

10         forest products extending more than 4 feet

11         beyond the rear of the vehicle; providing an

12         alternate method for placing strobe lights in

13         certain instances; requiring the use of a red

14         flag; amending s. 318.18, F.S.; authorizing

15         counties to establish fine amounts for parking

16         violations; amending s. 319.23, F.S.; providing

17         a limitation on the issuance of certain titles;

18         amending s. 320.023, F.S.; conforming this

19         section to the Florida Single Audit Act;

20         amending s. 320.08056, F.S.; including two more

21         colleges to the discontinuance exemptions

22         provided for collegiate speciality license

23         plates; providing for annual renewals in the

24         discontinuance threshold amount; amending s.

25         320.08062, F.S.; conforming this section to the

26         Florida Single Audit Act; amending s. 320.18,

27         F.S.; providing for cancellation of license

28         plates and fuel use tax decals for failure to

29         pay motor carrier weight and safety violation

30         penalties; amending s. 322.05, F.S.; correcting

31         a statutory reference regarding the


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    CS for SB 1956                                Second Engrossed



  1         requirements for an individual under 18 years

  2         of age to apply for a driver's license;

  3         amending s. 322.081, F.S.; requiring certain

  4         organizations receiving voluntary check-off

  5         contributions to notify the department under

  6         certain circumstances and to meet specified

  7         requirements; conforming the section to the

  8         Florida Single Audit Act; requiring

  9         organizations seeking authorization to

10         establish a voluntary contribution on a motor

11         vehicle registration to register with the

12         Department of Agriculture and Consumer

13         Services; amending s. 322.161, F.S.; requiring

14         restricted driving privileges after the

15         accumulation of 6 points within a 12-month

16         period; creating s. 322.222, F.S.; authorizing

17         the Department of Highway Safety and Motor

18         Vehicles to hold a hearing when an individual's

19         driver's license has been suspended or revoked

20         due to medical reasons; amending s. 322.2615,

21         F.S.; complying with the USDOT's drunk driving

22         prevention incentive program; reducing the

23         timeframe for a temporary permit that is

24         allotted when an individual is charged with

25         driving with an unlawful blood-alcohol level;

26         amending s. 322.292, F.S.; adding the

27         requirement that DUI programs must be

28         governmental programs or not-for-profit

29         corporations; amending s. 322.61, F.S.;

30         complying with the Federal Motor Carrier Safety

31         Regulations; adding two more violations for


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    CS for SB 1956                                Second Engrossed



  1         which a commercial motor vehicle may be

  2         disqualified of driving privileges; amending s.

  3         322.64, F.S.; reducing the timeframe for a

  4         temporary permit allotted when an individual

  5         holding a commercial driver's license is

  6         charged with an unlawful blood-alcohol level;

  7         amending s. 328.76, F.S.; providing for the

  8         appropriation allotted for fiscal year

  9         2000-2001 to be deposited into the Highway

10         Safety Operating Trust Fund; amending s.

11         320.60, F.S.; revising definitions used in ss.

12         320.61-320.70, F.S.; amending s. 320.61, F.S.;

13         amending procedures to be followed when a

14         complaint of unfair cancellation of a dealer

15         agreement has been made by a motor vehicle

16         dealer against a licensee; defining the term

17         "final decision"; amending s. 320.64, F.S.;

18         providing penalties and remedies for

19         violations; deleting subsections (13) and (16);

20         amending subsection (18); creating subsections

21         (22) through (32) and renumbering sections;

22         amending s. 320.641, F.S.; providing procedures

23         relating to discontinuations, cancellations,

24         nonrenewals, modifications, and replacements of

25         franchise agreements; amending s. 320.643,

26         F.S.; amending provisions relating to the

27         transfer, assignment, or sale of franchise

28         agreements; amending s. 320.645, F.S.; amending

29         provisions relating to restrictions upon a

30         licensee's owning a dealership; providing for

31         "dealer development arrangements"; providing


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    CS for SB 1956                                Second Engrossed



  1         exceptions; amending s. 320.699, F.S.; amending

  2         procedures for administrative hearings;

  3         creating s. 320.6991; providing for

  4         severability; creating 320.275, F.S.; creating

  5         the Automobile Dealers Industry Advisory Board;

  6         providing definitions; prohibiting certain

  7         unfair or deceptive acts by such dealers;

  8         requiring the trial court to consider certain

  9         information when awarding attorney's fees;

10         providing for codification in part VI of

11         chapter 501 and application of new act to

12         vehicles sold after October 1, 2001; repealing

13         s. 320.27(9)(n), F.S., relating to licensure

14         sanctions for dealers who fail to disclose

15         certain new vehicle damages to a purchaser;

16         amending s. 520.12, F.S.; clarifying penalties

17         application to particular circumstances;

18         amending ss. 681.1096, 681.1097, F.S.; revising

19         program requirements for the Pilot RV Mediation

20         and Arbitration program; amending s. 681.115,

21         F.S.; providing that an agreement that

22         prohibits disclosure of its terms is void;

23         amending s. 713.78, F.S.; adding the insurance

24         company to the list of individuals to be

25         contacted when a vehicle has been towed;

26         providing storage periods before the expiration

27         of which certain salvaged vehicles may not be

28         sold; repealing s. 715.05, F.S., relating to

29         the reporting of unclaimed motor vehicles;

30         amending s. 212.08, F.S.; providing additional

31         requirements on vehicle tax assessments;


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    CS for SB 1956                                Second Engrossed



  1         amending s. 320.01, F.S.; conforming the length

  2         limitation for a motor home to that established

  3         in chapter 316, F.S.; amending s. 320.27, F.S.;

  4         redefining the term "motor vehicle auction";

  5         deleting the requirement for a license to have

  6         the certificate of title or ownership indicia

  7         in his or her possession at an auction;

  8         providing for an effective date.

  9  

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

11  

12         Section 1.  Effective July 1, 2001, subsection (4) of

13  section 316.1951, Florida Statutes, is amended to read:

14         316.1951  Parking for certain purposes prohibited.--

15         (4)  A law enforcement officer, compliance examiner, or

16  license inspector, or supervisor of the department, as

17  authorized in s. 320.58(1)(a), may cause to be removed at the

18  owner's expense any motor vehicle found upon a public street,

19  public parking lot, other public property, or private

20  property, where the public has the right to travel by motor

21  vehicle, which is in violation of subsection (1). Every

22  written notice issued pursuant to this section shall be

23  affixed in a conspicuous place upon a vehicle by a law

24  enforcement officer, compliance examiner, or license

25  inspector, or supervisor of the department. Any vehicle found

26  in violation of subsection (1) within 10 days after a previous

27  violation and written notice shall be subject to immediate

28  removal without an additional waiting period.

29         Section 2.  Subsection (4) of section 316.1967, Florida

30  Statutes, is amended to read:

31  


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    CS for SB 1956                                Second Engrossed



  1         316.1967  Liability for payment of parking ticket

  2  violations and other parking violations.--

  3         (4)  Any person who elects to appear before a

  4  designated official to present evidence waives his or her

  5  right to pay the civil penalty provisions of the ticket. The

  6  official, after a hearing, shall make a determination as to

  7  whether a parking violation has been committed and may impose

  8  a civil penalty not to exceed $100 or the fine amount

  9  designated by county ordinance, plus court costs.  Any person

10  who fails to pay the civil penalty within the time allowed by

11  the court is deemed to have been convicted of a parking ticket

12  violation, and the court shall take appropriate measures to

13  enforce collection of the fine.

14         Section 3.  Subsection (2) of section 316.228, Florida

15  Statutes, is amended to read:

16         316.228  Lamps or flags on projecting load.--

17         (2)  Any commercial motor vehicle or trailer, except as

18  stated in s. 316.515(7), transporting a load of unprocessed

19  logs, or long pulpwood, poles, or posts which load extends

20  extend more than 4 feet beyond the rear of the body or bed of

21  such vehicle, must have securely fixed as close as practical

22  to the end of any such projection one amber strobe-type lamp

23  equipped with a multidirectional type lens so mounted as to be

24  visible from the rear and both sides of the projecting load.

25  If the mounting of one strobe lamp cannot be accomplished so

26  that it is visible from the rear and both sides of the

27  projecting load, multiple strobe lights must be used to meet

28  the visibility requirements of this subsection. The strobe

29  lamp must flash at a rate of at least 60 flashes per minute

30  and must be plainly visible from a distance of at least 500

31  feet to the rear and sides of the projecting load at any time


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    CS for SB 1956                                Second Engrossed



  1  of the day or night. The lamp must be operating at any time of

  2  the day or night when the vehicle is operated on any highway

  3  or parked on the shoulder or immediately adjacent to the

  4  traveled portion of any public roadway. The projecting load

  5  must also be marked with a red flag as described in subsection

  6  (1).

  7         Section 4.  Subsection (6) of section 318.18, Florida

  8  Statutes, is amended to read:

  9         318.18  Amount of civil penalties.--The penalties

10  required for a noncriminal disposition pursuant to s. 318.14

11  are as follows:

12         (6)  One hundred dollars or the fine amount designated

13  by county ordinance, plus court costs for illegally parking,

14  under s. 316.1955, in a parking space provided for people who

15  have disabilities. However, this fine will be waived if a

16  person provides to the law enforcement agency that issued the

17  citation for such a violation proof that the person committing

18  the violation has a valid parking permit or license plate

19  issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.

20  320.0845, or s. 320.0848 or a signed affidavit that the owner

21  of the disabled parking permit or license plate was present at

22  the time the violation occurred, and that such a parking

23  permit or license plate was valid at the time the violation

24  occurred. The law enforcement officer, upon determining that

25  all required documentation has been submitted verifying that

26  the required parking permit or license plate was valid at the

27  time of the violation, must sign an affidavit of compliance.

28  Upon provision of the affidavit of compliance and payment of a

29  $5 dismissal fee to the clerk of the circuit court, the clerk

30  shall dismiss the citation.

31  


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    CS for SB 1956                                Second Engrossed



  1         Section 5.  Subsection (5) of section 319.23, Florida

  2  Statutes, is amended, and a new subsection (11) is added to

  3  that section to read:

  4         319.23  Application for, and issuance of, certificate

  5  of title.--

  6         (5)  The certificate of title issued by the department

  7  for a motor vehicle or mobile home previously registered

  8  outside this state shall give the name of the state or country

  9  in which the vehicle was last registered outside this state.

10  The department shall retain the evidence of title presented by

11  the applicant and based on which the certificate of title is

12  issued. The department shall use reasonable diligence in

13  ascertaining whether or not the facts in the application are

14  true; and, if satisfied that the applicant is the owner of the

15  motor vehicle or mobile home and that the application is in

16  the proper form, it shall issue a certificate of title.

17         (11)  The department is not required to retain any

18  evidence of title presented by the applicant and based on

19  which the certificate of title is issued.

20         Section 6.  Paragraph (b) of subsection (4) and

21  subsections (5), (6), and (7) of section 320.023, Florida

22  Statutes, are amended, and subsection (8) is added to said

23  section, to read:

24         320.023  Requests to establish voluntary checkoff on

25  motor vehicle registration application.--

26         (4)

27         (b)  The department is authorized to discontinue the

28  voluntary contribution and distribution of associated proceeds

29  if the organization no longer exists, if the organization has

30  stopped providing services that are authorized to be funded

31  from the voluntary contributions, or pursuant to an


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    CS for SB 1956                                Second Engrossed



  1  organizational recipient's request. Organizations are required

  2  to notify the department immediately to stop warrants for

  3  voluntary check-off contributions if any of the conditions in

  4  this subsection exist, and must meet the requirements of

  5  paragraph (5)(b) or paragraph (5)(c), if applicable, for any

  6  period of operation during the fiscal year.

  7         (5)  A voluntary contribution collected and distributed

  8  under this chapter, or any interest earned from those

  9  contributions, may not be used for commercial or for-profit

10  activities nor for general or administrative expenses, except

11  as authorized by law, or to pay the cost of the audit or

12  report required by law.

13         (a)  All organizations that receive annual use fee

14  proceeds from the department are responsible for ensuring that

15  proceeds are used in accordance with law. 

16         (b)  All organizational recipients of any voluntary

17  contributions in excess of $15,000, not otherwise subject to

18  annual audit by the Office of the Auditor General, shall

19  submit an annual audit of the expenditures of these

20  contributions and interest earned from these contributions, to

21  determine if expenditures are being made in accordance with

22  the specifications outlined by law. The audit shall be

23  prepared by a certified public accountant licensed under

24  chapter 473 at that organizational recipient's expense. The

25  notes to the financial statements should state whether

26  expenditures were made in accordance with law.

27         (b)(c)  Any organization not subject to In lieu of an

28  annual audit pursuant to s. 215.97 shall, any organization

29  receiving less than $15,000 in voluntary contributions

30  directly from the department may annually attest report, under

31  penalties of perjury, that such proceeds were used in


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    CS for SB 1956                                Second Engrossed



  1  compliance with law. The attestation shall be made annually in

  2  a form and format determined by the department.

  3         (c)(d)  Any voluntary contributions authorized by law

  4  shall only be distributed to an organization under an

  5  appropriation by the Legislature.

  6         (d)(e)  Any organization subject to audit pursuant to

  7  s. 215.97 shall submit an audit report in accordance with

  8  rules promulgated by the Auditor General. The annual

  9  attestation audit or report shall be submitted to the

10  department for review within 9 months 180 days after the end

11  of the organization's fiscal year.

12         (6)  Within 90 days after receiving an organization's

13  audit or attestation report, the department shall determine

14  which recipients have not complied with subsection (5).  If

15  the department determines that an organization has not

16  complied  or has failed to use the revenues in accordance with

17  law, the department must discontinue the distribution of the

18  revenues to the organization until the department determines

19  that the organization has complied. If an organization fails

20  to comply within 12 months after the voluntary contributions

21  are withheld by the department, the proceeds shall be

22  deposited into the Highway Safety Operating Trust Fund to

23  offset department costs.

24         (7)  The Auditor General and the department has have

25  the authority to examine all records pertaining to the use of

26  funds from the voluntary contributions authorized.

27         (8)  All organizations seeking to establish a voluntary

28  contribution on a motor vehicle registration application that

29  are required to operate under the Solicitation of

30  Contributions Act, as provided in chapter 496, must do so

31  before funds may be distributed.


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    CS for SB 1956                                Second Engrossed



  1         Section 7.  Paragraphs (a), (b) and (c) of subsection

  2  (8) of section 320.08056, Florida Statutes, are amended to

  3  read:

  4         320.08056  Specialty license plates.--

  5         (8)(a)  The department must discontinue the issuance of

  6  an approved specialty license plate if:

  7         1.  Less than 8,000 plates, including annual renewals,

  8  are issued for that specialty license plate by the end of the

  9  5th year of sales.

10         2.  Less than 8,000 plates, including annual renewals,

11  are issued for that specialty license plate during any

12  subsequent 5-year period.

13         (b)  The department is authorized to discontinue the

14  issuance of a specialty license plate and distribution of

15  associated annual use fee proceeds if the organization no

16  longer exists, if the organization has stopped providing

17  services that are authorized to be funded from the annual use

18  fee proceeds, or pursuant to an organizational recipient's

19  request. Organizations are required to notify the department

20  immediately to stop all warrants for plate sales if any of the

21  conditions in this section exist, and must meet the

22  requirements of s. 320.08062 for any period of operation

23  during a fiscal year.

24         (c)  The requirements of paragraph (a) shall not apply

25  to collegiate specialty license plates authorized in s.

26  320.08058(3), and (13), (21), and (26).

27         Section 8.  Section 320.08062, Florida Statutes, is

28  amended to read:

29         320.08062  Audits and attestation required; annual use

30  fees of specialty license plates.--

31  


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    CS for SB 1956                                Second Engrossed



  1         (1)(a)  All organizations that receive annual use fee

  2  proceeds from the department are responsible for ensuring that

  3  proceeds are used in accordance with ss. 320.08056 and

  4  320.08058.

  5         (b)  All organizational recipients of any specialty

  6  license plate annual use fee authorized in this chapter, not

  7  otherwise subject to annual audit by the Office of the Auditor

  8  General, shall submit an annual audit of the expenditures of

  9  annual use fees and interest earned from these fees, to

10  determine if expenditures are being made in accordance with

11  the specifications outlined by law.  The audit shall be

12  prepared by a certified public accountant licensed under

13  chapter 473 at that organizational recipient's expense.  The

14  notes to the financial statements should state whether

15  expenditures were made in accordance with ss. 320.08056 and

16  320.08058.

17         (b)(c)  Any organization not subject to In lieu of an

18  annual audit pursuant to s. 215.97 shall, any organization

19  receiving less than $25,000 in annual use fee proceeds

20  directly from the department, or from another state agency,

21  may annually attest report, under penalties of perjury, that

22  such proceeds were used in compliance with ss. 320.08056 and

23  320.08058. The attestation shall be made annually in a form

24  and format determined by the department.

25         (c)(d)  Any organization subject to audit pursuant to

26  s. 215.97 shall submit an audit report in accordance with

27  rules promulgated by the Auditor General. The annual

28  attestation audit or report shall be submitted to the

29  department for review within 9 months 180 days after the end

30  of the organization's fiscal year.

31  


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    CS for SB 1956                                Second Engrossed



  1         (2)  Within 90 days after receiving an organization's

  2  audit or attestation report, the department shall determine

  3  which recipients of revenues from specialty license plate

  4  annual use fees have not complied with subsection (1). If the

  5  department determines that an organization has not complied or

  6  has failed to use the revenues in accordance with ss.

  7  320.08056 and 320.08058, the department must discontinue the

  8  distribution of the revenues to the organization until the

  9  department determines that the organization has complied. If

10  an organization fails to comply within 12 months after the

11  annual use fee proceeds are withheld by the department, the

12  proceeds shall be deposited into the Highway Safety Operating

13  Trust Fund to offset department costs related to the issuance

14  of specialty license plates.

15         (3)  The Auditor General and the department has have

16  the authority to examine all records pertaining to the use of

17  funds from the sale of specialty license plates.

18         Section 9.  Subsection (1) of section 320.18, Florida

19  Statutes, is amended to read:

20         320.18  Withholding registration.--

21         (1)  The department may withhold the registration of

22  any motor vehicle or mobile home the owner of which has failed

23  to register it under the provisions of law for any previous

24  period or periods for which it appears registration should

25  have been made in this state, until the tax for such period or

26  periods is paid. The department may cancel any license plate

27  or fuel-use tax decal if the owner pays for the license plate,

28  fuel-use tax decal, or any tax liability, penalty, or interest

29  specified in chapter 207 by a dishonored check, or if the

30  vehicle owner or motor carrier has failed to pay a penalty for

31  a weight or safety violation issued by the Department of


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    CS for SB 1956                                Second Engrossed



  1  Transportation Motor Carrier Compliance Office. The Department

  2  of Transportation and the Department of Highway Safety and

  3  Motor Vehicles may impound any commercial motor vehicle that

  4  has a canceled license plate or fuel-use tax decal until the

  5  tax liability, penalty, and interest specified in chapter 207,

  6  the license tax, or the fuel-use decal fee, and applicable

  7  administrative fees have been paid for by certified funds.

  8         Section 10.  Subsection (4) of section 322.05, Florida

  9  Statutes, is amended to read:

10         322.05  Persons not to be licensed.--The department may

11  not issue a license:

12         (4)  Except as provided by this subsection, to any

13  person, as a Class A licensee, Class B licensee, Class C

14  licensee, or Class D licensee, who is under the age of 18

15  years.  A person age 16 or 17 years who applies for a Class D

16  driver's license is subject to all the requirements and

17  provisions of ss. 322.09, and 322.16(2) and (3), and

18  322.05(2)(a) and (b). Any person who applies for a Class D

19  driver's license who is age 16 or 17 years must have had a

20  learner's driver's license or a driver's license for at least

21  90 days before he or she is eligible to receive a Class D

22  driver's license. The department may require of any such

23  applicant for a Class D driver's license such examination of

24  the qualifications of the applicant as the department

25  considers proper, and the department may limit the use of any

26  license granted as it considers proper.

27         Section 11.  Paragraph (b) of subsection (4) and

28  subsections (5), (6), and (7) of section 322.081, Florida

29  Statutes, are amended, and subsection (8) is added to said

30  section, to read:

31  


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    CS for SB 1956                                Second Engrossed



  1         322.081  Requests to establish voluntary check-off

  2  checkoff on driver's license application.--

  3         (4)

  4         (b)  The department is authorized to discontinue the

  5  voluntary contribution and distribution of associated proceeds

  6  if the organization no longer exists, if the organization has

  7  stopped providing services that are authorized to be funded

  8  from the voluntary contributions, or pursuant to an

  9  organizational recipient's request. Organizations are required

10  to notify the department immediately to stop warrants for

11  voluntary check-off contribution, if any of the conditions in

12  this subsection exist, and must meet the requirements of

13  paragraph (5)(b) or paragraph (5)(c), if applicable, for any

14  period of operation during the fiscal year.

15         (5)  A voluntary contribution collected and distributed

16  under this chapter, or any interest earned from those

17  contributions, may not be used for commercial or for-profit

18  activities nor for general or administrative expenses, except

19  as authorized by law, or to pay the cost of the audit or

20  report required by law.

21         (a)  All organizations that receive annual use fee

22  proceeds from the department are responsible for ensuring that

23  proceeds are used in accordance with law. 

24         (b)  All organizational recipients of any voluntary

25  contributions in excess of $15,000, not otherwise subject to

26  annual audit by the Office of the Auditor General, shall

27  submit an annual audit of the expenditures of these

28  contributions and interest earned from these contributions, to

29  determine if expenditures are being made in accordance with

30  the specifications outlined by law. The audit shall be

31  prepared by a certified public accountant licensed under


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    CS for SB 1956                                Second Engrossed



  1  chapter 473 at that organizational recipient's expense. The

  2  notes to the financial statements should state whether

  3  expenditures were made in accordance with law.

  4         (b)(c)  Any organization not subject to In lieu of an

  5  annual audit pursuant to s. 215.97 shall, any organization

  6  receiving less than $15,000 in voluntary contributions

  7  directly from the department may annually attest report, under

  8  penalties of perjury, that such proceeds were used in

  9  compliance with law. The attestation shall be made annually in

10  a form and format determined by the department.

11         (c)(d)  Any voluntary contributions authorized by law

12  shall only be distributed to an organization under an

13  appropriation by the Legislature.

14         (d)(e)  Any organization subject to audit pursuant to

15  s. 215.97 shall submit an audit report in accordance with

16  rules promulgated by the Auditor General. The annual

17  attestation audit or report must be submitted to the

18  department for review within 9 months 180 days after the end

19  of the organization's fiscal year.

20         (6)  Within 90 days after receiving an organization's

21  audit or attestation report, the department shall determine

22  which recipients have not complied with subsection (5).  If

23  the department determines that an organization has not

24  complied  or has failed to use the revenues in accordance with

25  law, the department must discontinue the distribution of the

26  revenues to the organization until the department determines

27  that the organization has complied. If an organization fails

28  to comply within 12 months after the voluntary contributions

29  are withheld by the department, the proceeds shall be

30  deposited into the Highway Safety Operating Trust Fund to

31  offset department costs.


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    CS for SB 1956                                Second Engrossed



  1         (7)  The Auditor General and the department has have

  2  the authority to examine all records pertaining to the use of

  3  funds from the voluntary contributions authorized.

  4         (8)  All organizations seeking to establish a voluntary

  5  contribution on a driver's license application that are

  6  required to operate under the Solicitation of Contributions

  7  Act, as provided in chapter 496, must do so before funds may

  8  be distributed.

  9         Section 12.  Section 322.161, Florida Statutes, is

10  amended to read:

11         322.161  High-risk drivers; restricted licenses.--

12         (1)(a)  Notwithstanding any provision of law to the

13  contrary, the department shall restrict the driving privilege

14  of any Class D or Class E licensee who is age 15 through 17

15  and who has accumulated six four or more points pursuant to s.

16  318.14, excluding parking violations, within a 12-month

17  period.

18         (b)  Upon determination that any person has accumulated

19  six four or more points, the department shall notify the

20  licensee and issue the licensee a restricted license for

21  business purposes only.  The licensee must appear before the

22  department within 10 days after notification to have this

23  restriction applied.  The period of restriction shall be for a

24  period of no less than 1 year beginning on the date it is

25  applied by the department.

26         (c)  The restriction shall be automatically withdrawn

27  by the department after 1 year if the licensee does not

28  accumulate any additional points.  If the licensee accumulates

29  any additional points, then the period of restriction shall be

30  extended 90 days for each point.  The restriction shall also

31  be automatically withdrawn upon the licensee's 18th birthday


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    CS for SB 1956                                Second Engrossed



  1  if no other grounds for restriction exist.  The licensee must

  2  appear before the department to have the restriction removed

  3  and a duplicate license issued.

  4         (2)(a)  Any Class E licensee who is age 15 through 17

  5  and who has accumulated six four or more points pursuant to s.

  6  318.14, excluding parking violations, within a 12-month period

  7  shall not be eligible to obtain a Class D license for a period

  8  of no less than 1 year.  The period of ineligibility shall

  9  begin on the date of conviction for the violation that results

10  in the licensee's accumulation of six four or more points.

11         (b)  The period of ineligibility shall automatically

12  expire after 1 year if the licensee does not accumulate any

13  additional points.  If the licensee accumulates any additional

14  points, then the period of ineligibility shall be extended 90

15  days for each point.  The period of ineligibility shall also

16  automatically expire upon the licensee's 18th birthday if no

17  other grounds for ineligibility exist.

18         (3)  Any action taken by the department pursuant to

19  this section shall not be subject to any formal or informal

20  administrative hearing or similar administrative procedure.

21         (4)  The department shall adopt rules to carry out the

22  purposes of this section.

23         Section 13.  Section 322.222, Florida Statutes, is

24  created to read:

25         322.222  Right to review.--A driver may request an

26  administrative hearing to review a revocation under s.

27  322.221(3). The hearing must be held in accordance with the

28  department's administrative rules adopted under chapter 120.

29         Section 14.  Subsections (1), (3), and (10) of section

30  322.2615, Florida Statutes, are amended to read:

31         322.2615  Suspension of license; right to review.--


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    CS for SB 1956                                Second Engrossed



  1         (1)(a)  A law enforcement officer or correctional

  2  officer shall, on behalf of the department, suspend the

  3  driving privilege of a person who has been arrested by a law

  4  enforcement officer for a violation of s. 316.193, relating to

  5  unlawful blood-alcohol level or breath-alcohol level, or of a

  6  person who has refused to submit to a breath, urine, or blood

  7  test authorized by s. 316.1932.  The officer shall take the

  8  person's driver's license and issue the person a 10-day 30-day

  9  temporary permit if the person is otherwise eligible for the

10  driving privilege and shall issue the person a notice of

11  suspension. If a blood test has been administered, the results

12  of which are not available to the officer at the time of the

13  arrest, the agency employing the officer shall transmit such

14  results to the department within 5 days after receipt of the

15  results.  If the department then determines that the person

16  was arrested for a violation of s. 316.193 and that the person

17  had a blood-alcohol level or breath-alcohol level of 0.08 or

18  higher, the department shall suspend the person's driver's

19  license pursuant to subsection (3).

20         (b)  The suspension under paragraph (a) shall be

21  pursuant to, and the notice of suspension shall inform the

22  driver of, the following:

23         1.a.  The driver refused to submit to a lawful breath,

24  blood, or urine test and his or her driving privilege is

25  suspended for a period of 1 year for a first refusal or for a

26  period of 18 months if his or her driving privilege has been

27  previously suspended as a result of a refusal to submit to

28  such a test; or

29         b.  The driver violated s. 316.193 by driving with an

30  unlawful blood-alcohol level as provided in that section and

31  his or her driving privilege is suspended for a period of 6


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    CS for SB 1956                                Second Engrossed



  1  months for a first offense or for a period of 1 year if his or

  2  her driving privilege has been previously suspended for a

  3  violation of s. 316.193.

  4         2.  The suspension period shall commence on the date of

  5  arrest or issuance of the notice of suspension, whichever is

  6  later.

  7         3.  The driver may request a formal or informal review

  8  of the suspension by the department within 10 days after the

  9  date of arrest or issuance of the notice of suspension,

10  whichever is later.

11         4.  The temporary permit issued at the time of arrest

12  will expire at midnight of the 10th 30th day following the

13  date of arrest or issuance of the notice of suspension,

14  whichever is later.

15         5.  The driver may submit to the department any

16  materials relevant to the arrest.

17         (3)  If the department determines that the license of

18  the person arrested should be suspended pursuant to this

19  section and if the notice of suspension has not already been

20  served upon the person by a law enforcement officer or

21  correctional officer as provided in subsection (1), the

22  department shall issue a notice of suspension and, unless the

23  notice is mailed pursuant to s. 322.251, a temporary permit

24  which expires 10 30 days after the date of issuance if the

25  driver is otherwise eligible.

26         (10)  A person whose driver's license is suspended

27  under subsection (1) or subsection (3) may apply for issuance

28  of a license for business or employment purposes only if the

29  person is otherwise eligible for the driving privilege

30  pursuant to s. 322.271.

31  


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    CS for SB 1956                                Second Engrossed



  1         (a)  If the suspension of the driver's license of the

  2  person for failure to submit to a breath, urine, or blood test

  3  is sustained, the person is not eligible to receive a license

  4  for business or employment purposes only, pursuant to s.

  5  322.271, until 90 days have elapsed after the expiration of

  6  the last temporary permit issued.  If the driver is not issued

  7  a 10-day 30-day permit pursuant to this section or s. 322.64

  8  because he or she is ineligible for the permit and the

  9  suspension for failure to submit to a breath, urine, or blood

10  test is not invalidated by the department, the driver is not

11  eligible to receive a business or employment license pursuant

12  to s. 322.271 until 90 days have elapsed from the date of the

13  suspension.

14         (b)  If the suspension of the driver's license of the

15  person arrested for a violation of s. 316.193, relating to

16  unlawful blood-alcohol level, is sustained, the person is not

17  eligible to receive a license for business or employment

18  purposes only pursuant to s. 322.271 until 30 days have

19  elapsed after the expiration of the last temporary permit

20  issued.  If the driver is not issued a 10-day 30-day permit

21  pursuant to this section or s. 322.64 because he or she is

22  ineligible for the permit and the suspension for a violation

23  of s. 316.193, relating to unlawful blood-alcohol level, is

24  not invalidated by the department, the driver is not eligible

25  to receive a business or employment license pursuant to s.

26  322.271 until 30 days have elapsed from the date of the

27  arrest.

28         Section 15.  Subsection (3) is added to section

29  322.292, Florida Statutes, to read:

30         322.292  DUI programs supervision; powers and duties of

31  the department.--


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    CS for SB 1956                                Second Engrossed



  1         (3)  DUI programs must be operated by either

  2  governmental entities or not-for-profit corporations.

  3         Section 16.  Subsections (8), (9), and (10) are added

  4  to section 322.61, Florida Statutes, to read:

  5         322.61  Disqualification from operating a commercial

  6  motor vehicle.--

  7         (8)  A driver who is convicted of or otherwise found to

  8  have committed a violation of an out-of-service order while

  9  driving a commercial motor vehicle is disqualified as follows:

10         (a)  Not less than 90 days nor more than 1 year if the

11  driver is convicted of or otherwise found to have committed a

12  first violation of an out-of-service order.

13         (b)  Not less than 1 year nor more than 5 years if,

14  during any 10-year period, the driver is convicted of or

15  otherwise found to have committed two violations of

16  out-of-service orders in separate incidents.

17         (c)  Not less than 3 years nor more than 5 years if,

18  during any 10-year period, the driver is convicted of or

19  otherwise found to have committed three or more violations of

20  out-of-service orders in separate incidents.

21         (d)  Not less than 180 days nor more than 2 years if

22  the driver is convicted of or otherwise found to have

23  committed a first violation of an out-of-service order while

24  transporting hazardous materials required to be placarded

25  under the Hazardous Materials Transportation Act, 49 U.S.C.

26  5101 et seq., or while operating motor vehicles designed to

27  transport more than 15 passengers, including the driver.  A

28  driver is disqualified for a period of not less than 3 years

29  nor more than 5 years if, during any 10-year period, the

30  driver is convicted of or otherwise found to have committed

31  any subsequent violations of out-of-service orders, in


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    CS for SB 1956                                Second Engrossed



  1  separate incidents, while transporting hazardous materials

  2  required to be placarded under the Hazardous Materials

  3  Transportation Act 49 U.S.C. 5101 et seq., or while operating

  4  motor vehicles designed to transport more than 15 passengers,

  5  including the driver.

  6         (9)  A driver who is convicted of or otherwise found to

  7  have committed an offense of operating a commercial motor

  8  vehicle in violation of federal, state, or local law or

  9  regulation pertaining to one of the following six offenses at

10  a railroad-highway grade crossing must be disqualified for the

11  period of time specified in subsection (10):

12         (a)  For drivers who are not always required to stop,

13  failing to slow down and check that the tracks are clear of

14  approaching trains.

15         (b)  For drivers who are not always required to stop,

16  failing to stop before reaching the crossing if the tracks are

17  not clear.

18         (c)  For drivers who are always required to stop,

19  failing to stop before driving onto the crossing.

20         (d)  For all drivers, failing to have sufficient space

21  to drive completely through the crossing without stopping.

22         (e)  For all drivers, failing to obey a traffic control

23  device or all directions of an enforcement official at the

24  crossing.

25         (f)  For all drivers, failing to negotiate a crossing

26  because of insufficient undercarriage clearance.

27         (10)(a)  A driver must be disqualified for not less

28  than 60 days if the driver is convicted of or otherwise found

29  to have committed a first violation of a railroad-highway

30  grade crossing violation.

31  


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    CS for SB 1956                                Second Engrossed



  1         (b)  A driver must be disqualified for not less than

  2  120 days if, during any 3-year period, the driver is convicted

  3  of or otherwise found to have committed a second

  4  railroad-highway grade crossing violation in separate

  5  incidents.

  6         (c)  A driver must be disqualified for not less than 1

  7  year if, during any 3-year period, the driver is convicted of

  8  or otherwise found to have committed a third or subsequent

  9  railroad-highway grade crossing violation in separate

10  incidents.

11         Section 17.  Subsections (1) and (3) of section 322.64,

12  Florida Statutes, are amended to read:

13         322.64  Holder of commercial driver's license; driving

14  with unlawful blood-alcohol level; refusal to submit to

15  breath, urine, or blood test.--

16         (1)(a)  A law enforcement officer or correctional

17  officer shall, on behalf of the department, disqualify from

18  operating any commercial motor vehicle a person who while

19  operating or in actual physical control of a commercial motor

20  vehicle is arrested for a violation of s. 316.193, relating to

21  unlawful blood-alcohol level or breath-alcohol level, or a

22  person who has refused to submit to a breath, urine, or blood

23  test authorized by s. 322.63 arising out of the operation or

24  actual physical control of a commercial motor vehicle.  Upon

25  disqualification of the person, the officer shall take the

26  person's driver's license and issue the person a 10-day 30-day

27  temporary permit if the person is otherwise eligible for the

28  driving privilege and shall issue the person a notice of

29  disqualification.  If the person has been given a blood,

30  breath, or urine test, the results of which are not available

31  to the officer at the time of the arrest, the agency employing


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    CS for SB 1956                                Second Engrossed



  1  the officer shall transmit such results to the department

  2  within 5 days after receipt of the results.  If the department

  3  then determines that the person was arrested for a violation

  4  of s. 316.193 and that the person had a blood-alcohol level or

  5  breath-alcohol level of 0.08 or higher, the department shall

  6  disqualify the person from operating a commercial motor

  7  vehicle pursuant to subsection (3).

  8         (b)  The disqualification under paragraph (a) shall be

  9  pursuant to, and the notice of disqualification shall inform

10  the driver of, the following:

11         1.a.  The driver refused to submit to a lawful breath,

12  blood, or urine test and he or she is disqualified from

13  operating a commercial motor vehicle for a period of 1 year,

14  for a first refusal, or permanently, if he or she has

15  previously been disqualified as a result of a refusal to

16  submit to such a test; or

17         b.  The driver violated s. 316.193 by driving with an

18  unlawful blood-alcohol level and he or she is disqualified

19  from operating a commercial motor vehicle for a period of 6

20  months for a first offense or for a period of 1 year if he or

21  she has previously been disqualified, or his or her driving

22  privilege has been previously suspended, for a violation of s.

23  316.193.

24         2.  The disqualification period shall commence on the

25  date of arrest or issuance of notice of disqualification,

26  whichever is later.

27         3.  The driver may request a formal or informal review

28  of the disqualification by the department within 10 days after

29  the date of arrest or issuance of notice of disqualification,

30  whichever is later.

31  


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    CS for SB 1956                                Second Engrossed



  1         4.  The temporary permit issued at the time of arrest

  2  or disqualification will expire at midnight of the 10th 30th

  3  day following the date of disqualification.

  4         5.  The driver may submit to the department any

  5  materials relevant to the arrest.

  6         (3)  If the department determines that the person

  7  arrested should be disqualified from operating a commercial

  8  motor vehicle pursuant to this section and if the notice of

  9  disqualification has not already been served upon the person

10  by a law enforcement officer or correctional officer as

11  provided in subsection (1), the department shall issue a

12  notice of disqualification and, unless the notice is mailed

13  pursuant to s. 322.251, a temporary permit which expires 10 30

14  days after the date of issuance if the driver is otherwise

15  eligible.

16         Section 18.  Effective July 1, 2001, subsection (1) of

17  section 328.76, Florida Statutes, is amended to read:

18         328.76  Marine Resources Conservation Trust Fund;

19  vessel registration funds; appropriation and distribution.--

20         (1)  Except as otherwise specified and less $1.4

21  million for any administrative costs which shall be deposited

22  in the Highway Safety Operating Trust Fund, in each fiscal

23  year beginning on or after July 1, 2001, all funds collected

24  from the registration of vessels through the Department of

25  Highway Safety and Motor Vehicles and the tax collectors of

26  the state, except for those funds designated for the use of

27  the counties pursuant to s. 328.72(1), shall be deposited in

28  the Marine Resources Conservation Trust Fund for recreational

29  channel marking; public launching facilities; law enforcement

30  and quality control programs; aquatic weed control; manatee

31  protection, recovery, rescue, rehabilitation, and release; and


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    CS for SB 1956                                Second Engrossed



  1  marine mammal protection and recovery. The funds collected

  2  pursuant to s. 328.72(1) shall be transferred as follows:

  3         (a)  In each fiscal year, an amount equal to $1.50 for

  4  each vessel registered in this state shall be transferred to

  5  the Save the Manatee Trust Fund and shall be used only for the

  6  purposes specified in s. 370.12(4).

  7         (b)  Two dollars from each noncommercial vessel

  8  registration fee, except that for class A-1 vessels, shall be

  9  transferred to the Invasive Plant Control Trust Fund for

10  aquatic weed research and control.

11         (c)  Forty percent of the registration fees from

12  commercial vessels shall be transferred to the Invasive Plant

13  Control Trust Fund for aquatic plant research and control.

14         (d)  Forty percent of the registration fees from

15  commercial vessels shall be transferred by the Department of

16  Highway Safety and Motor Vehicles, on a monthly basis, to the

17  General Inspection Trust Fund of the Department of Agriculture

18  and Consumer Services. These funds shall be used for shellfish

19  and aquaculture law enforcement and quality control programs.

20         Section 19.  Paragraph (a) of subsection (11) of

21  section 320.60, Florida Statutes, is amended and a new

22  subsection (15) is added to read:

23         320.60  Definitions for ss. 320.61-320.70.--Whenever

24  used in ss. 320.61-320.70, unless the context otherwise

25  requires, the following words and terms have the following

26  meanings:

27         (11)(a)  "Motor vehicle dealer" means any person, firm,

28  company, or corporation, or other entity, who,

29         1.  Is licensed pursuant to s. 320.27 as a "franchised

30  motor vehicle dealer" and, for commission, money or other

31  things of value, repairs or services motor vehicles or used


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    CS for SB 1956                                Second Engrossed



  1  motor vehicles pursuant to an agreement as defined in

  2  subsection (1), or

  3         2.  Who sells, exchanges, buys, leases or rents, or

  4  offers, or attempts to negotiate a sale or exchange of any

  5  interest in, motor vehicles, or

  6         3.  Who is engaged wholly or in part in the business of

  7  selling motor vehicles, whether or not such motor vehicles are

  8  owned by such person, firm, company, or corporation.

  9         (15)  "Sell," "selling," "sold," "exchange," "retail

10  sales," and "leases" includes any transaction where the title

11  of motor vehicle or used motor vehicle is transferred to a

12  retail consumer, and also any retail lease transaction where a

13  retail customer leases a vehicle for a period of at least 12

14  months.  Establishing a price for sale pursuant to s.

15  320.64(24) does not constitute a sale or lease.

16         Section 20.  Subsection (4) of section 320.61, Florida

17  Statutes, is amended to read:

18         320.61  Licenses required of motor vehicle

19  manufacturers, distributors, importers, etc.--

20         (4)  When a complaint of unfair or prohibited

21  cancellation or nonrenewal of a dealer agreement is made by a

22  motor vehicle dealer against a licensee and such complaint is

23  pending is in the process of being heard pursuant to ss.

24  320.60-320.70 by the department, no replacement application

25  for such agreement shall be granted and no license shall be

26  issued by the department under s. 320.27 to any replacement

27  dealer until a final decision is rendered by the department on

28  the complaint of unfair cancellation, so long as the dealer

29  agreement of the complaining dealer is in effect as provided

30  under s. 320.641(7).

31  


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    CS for SB 1956                                Second Engrossed



  1         Section 21.  Subsections (13) and (16) are repealed,

  2  subsections (14), (15), and (17)-(23) are renumbered,

  3  subsection (20) is amended and renumbered as (18), and

  4  subsections (22)-(33) are added to section 320.64, Florida

  5  Statutes, to read:

  6         320.64  Denial, suspension, or revocation of license;

  7  grounds.--A license of a licensee under s. 320.61 may be

  8  denied, suspended, or revoked within the entire state or at

  9  any specific location or locations within the state at which

10  the applicant or licensee engages or proposes to engage in

11  business, upon a proof that the section was violated with

12  sufficient frequency to establish a pattern of wrongdoing and

13  a licensee or applicant shall be liable for claims and

14  remedies provided in s. 320.695 and s. 320.697 for any

15  violation of any of the following provisions.  A licensee is

16  prohibited from committing the following acts: upon proof that

17  an applicant or licensee has failed to comply with any of the

18  following provisions with sufficient frequency so as to

19  establish a pattern of wrongdoing on the part of the

20  applicant:

21         (13)  The applicant or licensee has refused to deliver,

22  in reasonable quantities and within a reasonable time, to any

23  duly licensed motor vehicle dealer who has an agreement with

24  such applicant or licensee for the retail sale of new motor

25  vehicles and parts for motor vehicles sold or distributed by

26  the applicant or licensee, any such motor vehicles or parts as

27  are covered by such agreement specifically publicly advertised

28  by such applicant or licensee to be available for immediate

29  delivery.  However, the failure to deliver any motor vehicle

30  or part will not be considered a violation of this section if

31  the failure is due to act of God, work stoppage, or delay due


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    CS for SB 1956                                Second Engrossed



  1  to a strike or labor difficulty, a freight embargo, product

  2  shortage, or other cause over which the applicant or licensee

  3  has no control. The failure to deliver parts or components for

  4  the current and 5 preceding years' models within 60 days from

  5  date of order shall be deemed prima facie unreasonable.

  6         (16)  Notwithstanding the terms of any franchise

  7  agreement, and unless it can be shown that the licensee's

  8  franchised dealer is actively negligent, the applicant or

  9  licensee has failed to indemnify and hold harmless its

10  franchised motor vehicle dealer against any judgment for

11  damages or settlement agreed to in writing by the applicant or

12  licensee, including, but not limited to, court costs and

13  reasonable attorney's fees of the motor vehicle dealer, which

14  judgment or settlement arose out of complaints, claims, or

15  lawsuits based upon such grounds as strict liability;

16  negligence; misrepresentation; warranty, express or implied;

17  or rescission of the sale as described in s. 672.608, less any

18  offset for use recovered by the licensee's franchised motor

19  vehicle dealer, and only to the extent that the judgment or

20  settlement relates to the alleged defective or negligent

21  manufacture, assembly, or design of new motor vehicles, parts,

22  or accessories or other functions of the manufacturer.

23         (18)(20)  The applicant or licensee has established a

24  system of motor vehicle allocation or distribution or has

25  implemented a system of allocation or distribution of motor

26  vehicles to one or more of its franchised motor vehicle

27  dealers which is unfair, inequitable, unreasonably

28  discriminatory, or not supportable by reason and good cause

29  after considering the equities of the affected motor vehicles

30  dealer or dealers.  An applicant or licensee shall maintain

31  for 3 years records that describe its methods or formula of


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    CS for SB 1956                                Second Engrossed



  1  allocation and distribution of its motor vehicles and records

  2  of its actual allocation and distribution of motor vehicles to

  3  its motor vehicle dealers in this state.

  4         (22)  The applicant or licensee has refused to deliver,

  5  in reasonable quantities and within a reasonable time, to any

  6  duly licensed motor vehicle dealer who has an agreement with

  7  such applicant or licensee for the retail sale of new motor

  8  vehicles and parts for motor vehicles sold or distributed by

  9  the applicant or licensee, any such motor vehicles or parts as

10  are covered by such agreement.  Such refusal includes the

11  failure to offer to its same line-make franchised motor

12  vehicle dealers all models manufactured for that line-make, or

13  requiring a dealer to pay any extra fee, require a dealer to

14  execute a separate franchise agreement, purchase unreasonable

15  advertising displays or other materials, or remodel, renovate,

16  or recondition the dealer's existing facilities, or provide

17  exclusive facilities as a prerequisite to receiving a model or

18  series of vehicles.  However, the failure to deliver any motor

19  vehicle or part will not be considered a violation of this

20  section if the failure is due to an act of God, work stoppage,

21  or delay due to a strike or labor difficulty, a freight

22  embargo, product shortage, or other cause over which the

23  applicant or licensee has no control.  An applicant or

24  licensee may impose reasonable requirements on the motor

25  vehicle dealer, other than the items listed above, including,

26  but not limited to, the purchase of special tools required to

27  properly service a motor vehicle, the undertaking of sales

28  person or service person training related to the motor

29  vehicle.

30         (23)  The applicant or licensee has competed or is

31  competing with respect to any activity covered by the


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    CS for SB 1956                                Second Engrossed



  1  franchise agreement with a motor vehicle dealer of the same

  2  line-make located in this state with whom the applicant or

  3  licensee has entered into a franchise agreement, except as

  4  permitted in s. 320.645.

  5         (24)  The applicant or licensee has sold a motor

  6  vehicle to any retail consumer in the state except through a

  7  motor vehicle dealer holding a franchise agreement for the

  8  line-make that includes the motor vehicle.  This section does

  9  not apply to sales by the applicant or licensee of motor

10  vehicles to its current employees, employees of companies

11  affiliated by common ownership, charitable

12  not-for-profit-organizations, and the federal government.

13         (25)  The applicant or licensee has undertaken an audit

14  of warranty payments or incentive payment previously paid to a

15  motor vehicle dealer in violation of this section or has

16  failed to comply with s. 320.696.  An applicant or licensee

17  may reasonably and periodically audit a motor vehicle dealer

18  to determine the validity of paid claims.  Audit of warranty

19  payments shall only be for the 1-year period immediately

20  following the date the claim was paid.  Audit of incentive

21  payments shall only be for an 18-month period immediately

22  following the date the incentive was paid.  An applicant or

23  licensee shall not deny a claim or charge a motor vehicle

24  dealer back subsequent to the payment of the claim unless the

25  applicant or licensee can show that the claim was false or

26  fraudulent or that the motor vehicle dealer failed to

27  substantially comply with the reasonable written and uniformly

28  applied procedures of the applicant or licensee for such

29  repairs or incentives.

30         (26)  Notwithstanding the terms of any franchise

31  agreement, the applicant or licensee has refused to allocate,


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    CS for SB 1956                                Second Engrossed



  1  sell, or deliver motor vehicles, charged back or withheld

  2  payments or other things of value for which the dealer is

  3  otherwise eligible under a sales promotion, program, or

  4  contest, or prevented the motor vehicle dealer from

  5  participating in any promotion, program, or contest for

  6  selling a motor vehicle to a customer who was present at the

  7  dealership and the motor vehicle dealer did not know or should

  8  not have reasonably known that the vehicle would be shipped to

  9  a foreign country.  There will be a rebuttable presumption

10  that the dealer did not know or should not have reasonably

11  known that the vehicle would be shipped to a foreign country

12  if the vehicle is titled in one of the fifty United States.

13         (27)  Notwithstanding the terms of any franchise

14  agreement, the applicant or licensee has failed or refused to

15  indemnify and hold harmless any motor vehicle dealer against

16  any judgment for damages, or settlements agreed to by the

17  applicant or licensee, including, without limitation, court

18  costs and reasonable attorneys fees, arising out of

19  complaints, claims, or lawsuits, including, without

20  limitation, strict liability, negligence, misrepresentation,

21  express or implied warranty, or revocation or rescission of

22  acceptance of the sale of a motor vehicle, to the extent the

23  judgment or settlement relates to the alleged negligent

24  manufacture, design, or assembly of motor vehicles, parts, or

25  accessories.  Nothing herein shall obviate the licensee's

26  obligations pursuant to chapter 681.

27         (28)  The applicant or licensee has published,

28  disclosed, or otherwise made available in any form information

29  provided by a motor vehicle dealer with respect to sales

30  prices of motor vehicles or profit per motor vehicle sold.

31  Other confidential financial information provided by motor


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    CS for SB 1956                                Second Engrossed



  1  vehicle dealers shall not be published, disclosed, or

  2  otherwise made publicly available except in composite form.

  3  However, this information may be disclosed with the written

  4  consent of the dealer or in response to a subpoena or order of

  5  the Department, a court or a lawful tribunal, or introduced

  6  into evidence in such a proceeding, after timely notice to an

  7  affected dealer.

  8         (29)  The applicant or licensee has failed to reimburse

  9  a motor vehicle dealer in full for the reasonable cost of

10  providing a loaner vehicle to any customer who is having a

11  vehicle serviced at the motor vehicle dealer, if a loaner is

12  required by the applicant or licensee, or a loaner is

13  expressly part of an applicant or licensee's customer

14  satisfaction index or computation.

15         (30)  The applicant or licensee has conducted or

16  threatened to conduct any audit of a motor vehicle dealer in

17  order to coerce or attempt to coerce the dealer to forego any

18  rights granted to the dealer under ss. 320.60-320.70 or under

19  the agreement between the licensee and the motor vehicle

20  dealer.  Nothing in this section shall prohibit an applicant

21  or licensee from reasonably and periodically auditing a dealer

22  to determine the validity of paid claims.

23         (31)  From and after the effective date of enactment of

24  this provision, the applicant or licensee has offered to any

25  motor vehicle dealer a franchise agreement that:

26         (a)  Requires that a motor vehicle dealer bring an

27  administrative or legal action in a venue outside of this

28  state;

29         (b)  Requires that any arbitration, mediation, or other

30  legal proceeding be conducted outside of this state; or

31  


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    CS for SB 1956                                Second Engrossed



  1         (c)  Requires that a law of a state other than Florida

  2  be applied to any legal proceeding between a motor vehicle

  3  dealer and a licensee.

  4         (32)  Notwithstanding the terms of any franchise

  5  agreement, the applicant or licensee has rejected or withheld

  6  approval of any proposed transfer in violation of s. 320.643

  7  or a proposed change of executive management in violation of

  8  s. 320.644.

  9         Section 22.  Section 320.641, Florida Statutes, is

10  amended and a new subsection (8) is added to read:

11         320.641  Discontinuations, cancellations, nonrenewals,

12  modifications, and replacement Unfair cancellation of

13  franchise agreements.--

14         (1)(a)  An applicant or licensee shall give written

15  notice to the motor vehicle dealer and the department of the

16  licensee's intention to discontinue, cancel, or fail to renew

17  a franchise agreement or of the licensee's intention to modify

18  a franchise or replace a franchise with a succeeding

19  franchise, which modification or replacement will adversely

20  alter the rights or obligations of a motor vehicle dealer

21  under an existing franchise agreement or will substantially

22  impair the sales, service obligations, or investment of the

23  motor vehicle dealer, at least 90 days before the effective

24  date thereof, together with the specific grounds for such

25  action.

26         (b)  The failure by the licensee to comply with the

27  90-day notice period and procedure prescribed herein shall

28  render voidable, at the option of the motor vehicle dealer,

29  any discontinuation, cancellation, nonrenewal, modification,

30  or replacement of any franchise agreement.  Designation of a

31  franchise agreement at a specific location as a "nondesignated


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    CS for SB 1956                                Second Engrossed



  1  point" shall be deemed an evasion of this section and

  2  constitutes an unfair cancellation.

  3         (2)  Franchise agreements are deemed to be continuing

  4  unless the applicant or licensee has notified the department

  5  of the discontinuation of, cancellation of, failure to renew,

  6  modification of, or replacement of the agreement of any of its

  7  motor vehicle dealers; and annual renewal of the license

  8  provided for under ss. 320.60-320.70 is not necessary for any

  9  cause of action against the licensee.

10         (3)  Any motor vehicle dealer who receives a notice of

11  intent to discontinue, cancel, not renew, modify, or replace

12  whose franchise agreement is discontinued, canceled, not

13  renewed, modified, or replaced may, within the 90-day notice

14  period, file a petition or complaint for a determination of

15  whether such action is an unfair or prohibited

16  discontinuation, cancellation, nonrenewal, modification, or

17  replacement.  Agreements and certificates of appointment shall

18  continue in effect until final determination of the issues

19  raised in such petition or complaint by the motor vehicle

20  dealer.  A discontinuation, cancellation, or nonrenewal of a

21  franchise agreement is unfair if it is not clearly permitted

22  by the franchise agreement; is not undertaken in good faith;

23  is not undertaken for good cause; or is based on an alleged

24  breach of the franchise agreement which is not in fact a

25  material and substantial breach; or, if the grounds relied

26  upon for termination, cancellation, or nonrenewal have not

27  been applied in a uniform and consistent manner by the

28  licensee.  A modification or replacement is unfair if it is

29  not clearly permitted by the franchise agreement; is not

30  undertaken in good faith; or is not undertaken for good cause.

31  


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    CS for SB 1956                                Second Engrossed



  1  The applicant or licensee shall have burden of proof that such

  2  action is fair and not prohibited.

  3         (4)  Notwithstanding any other provision of this

  4  section, the failure of a motor vehicle dealer to be engaged

  5  in business with the public for 10 consecutive business days

  6  constitutes abandonment by the dealer of his or her franchise

  7  agreement. If any motor vehicle dealer abandons his or her

  8  franchise agreement, he or she has no cause of action under

  9  this section. For the purpose of this section, a dealer shall

10  be considered to be engaged in business with the public if a

11  sales and service facility is open and is performing such

12  services 8 hours a day, 5 days a week, excluding holidays.

13  However, it will not be considered abandonment if such failure

14  to engage in business is due to an act of God, a work

15  stoppage, or a delay due to a strike or labor difficulty, a

16  freight embargo, or other cause over which the motor vehicle

17  dealer has no control, including any violation of ss.

18  320.60-320.70.

19         (5)  Notwithstanding any other provision of this

20  section, if a motor vehicle dealer has abandoned his or her

21  franchise agreement as provided in subsection (4), the

22  licensee may give written notice to the dealer and the

23  department of the licensee's intention to discontinue, cancel,

24  or fail to renew the franchise agreement with the dealer at

25  least 15 days before the effective date thereof, specifying

26  the grounds for such action.  A motor vehicle dealer receiving

27  such notice may file a petition or complaint for determination

28  of whether in fact there has been an abandonment of the

29  franchise.

30         (6)  If the complainant motor vehicle dealer prevails,

31  he or she shall have a cause of action against the licensee


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    CS for SB 1956                                Second Engrossed



  1  for reasonable attorneys' fees and costs incurred by him or

  2  her in such proceeding, and he or she shall have a cause of

  3  action under s. 320.697.

  4         (7)  Except as provided in s. 320.643, no replacement

  5  motor vehicle dealer shall be named for this point or location

  6  to engage in business and the franchise agreement shall remain

  7  in effect until a final judgment is entered after all appeals

  8  are exhausted, provided that, when a motor vehicle dealer

  9  appeals a decision upholding a discontinuation, cancellation,

10  or nonrenewal based upon abandonment or revocation of the

11  dealer's license pursuant to s. 320.27, as lawful reasons for

12  such discontinuation, cancellation, or nonrenewal, the

13  franchise agreement shall remain in effect pending exhaustion

14  of all appeals only if the motor vehicle dealer establishes a

15  likelihood of success on appeal and that the public interest

16  will not be harmed by keeping the franchise agreement in

17  effect pending entry of final judgment after such appeal.

18  prior to the final adjudication by the department on the

19  petition or complaint and the exhaustion of all appellate

20  remedies by the canceled or discontinued dealer, if a stay is

21  issued by either the department or an appellate court.

22         (8)  If a transfer is proposed pursuant to s.

23  320.643(1) or (2) after a notice of intent to discontinue,

24  cancel, or not renew a franchise agreement is received but,

25  prior to the final determination, including exhaustion of all

26  appellate remedies of a motor vehicle dealer's complaint or

27  petition contesting such action, the termination proceedings

28  shall be stayed, without bond, during the period that the

29  transfer is being reviewed by the licensee pursuant to s.

30  320.643.,  During the period that the transfer is being

31  reviewed by the licensee, pursuant to s. 320.643, the


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    CS for SB 1956                                Second Engrossed



  1  franchise agreement shall remain in full force and effect, and

  2  the motor vehicle dealer shall retain all rights and remedies

  3  pursuant to the terms and conditions of the franchise

  4  agreement and applicable law, including all rights of transfer

  5  until such time as the licensee has accepted or rejected the

  6  proposed tranfer.  If the proposed transfer is rejected, the

  7  motor vehicle dealer shall retain all of its rights pursuant

  8  to s. 320.643 to an administrative determination as to whether

  9  the licensee's rejection is in compliance with the provisions

10  of s. 320.643, and during the pendency of any such

11  administrative proceeding, and any related appellate

12  proceedings, the termination proceedings shall remain stayed

13  without bond, the franchise agreement shall remain in full

14  force and effect and the motor vehicle dealer shall retain all

15  rights and remedies pursuant to the terms and conditions of

16  the franchise agreement and applicable law, including all

17  rights of transfer.  If a transfer is approved by the licensee

18  or mandated by law, the termination proceedings shall be

19  dismissed with prejudice as moot.  The subsection (8) applies

20  only to the first two proposed transfers pursuant to s.

21  320.643(1) or (2) after notice of intent to discontinue,

22  cancel, or not renew is received.

23         Section 23.  Section 320.643, Florida Statutes, is

24  amended to read:

25         320.643  Transfer, assignment, or sale of franchise

26  agreements.--

27         (1)  A motor vehicle dealer shall not transfer, assign,

28  or sell a franchise agreement to another person unless the

29  dealer first notifies the licensee of the dealer's decision to

30  make such transfer, by written notice setting forth the

31  prospective transferee's name, address, financial


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    CS for SB 1956                                Second Engrossed



  1  qualification, and business experience during the previous 5

  2  years.  The licensee shall, in writing, within 60 days after

  3  receipt of such notice, inform the dealer either of the

  4  licensee's approval of the transfer, assignment, or sale or of

  5  the unacceptability of the proposed transferee, setting forth

  6  the material reasons for the rejection.  If the licensee does

  7  not so inform the dealer within the 60-day period, its

  8  approval of the proposed transfer is deemed granted.  No such

  9  transfer, assignment, or sale will be valid unless the

10  transferee agrees in writing to comply with all requirements

11  of the franchise then in effect.  Notwithstanding the terms of

12  any franchise agreement, the acceptance by the licensee of the

13  proposed transferee shall not be unreasonably withheld. For

14  the purposes of this section, the refusal by the licensee to

15  accept a proposed transferee who is of good moral character

16  and who otherwise meets the written, reasonable, and uniformly

17  applied standards or qualifications, if any, of the licensee

18  relating to financial qualifications of the transferee and the

19  business experience of the transferee or the transferee's

20  executive management required by the licensee of its motor

21  vehicle dealers is presumed to be unreasonable.  A motor

22  vehicle dealer whose proposed sale is rejected licensee who

23  receives such notice may, within 60 days following such

24  receipt of such rejection, file with the department a verified

25  complaint for a determination that the proposed transferee has

26  been rejected in violation of is not a person qualified to be

27  a transferee under this section. The licensee has the burden

28  of proof with respect to all issues raised by such verified

29  complaint.  The department shall determine, and enter an order

30  providing, that the proposed transferee is either qualified or

31  is not and cannot be qualified for specified reasons, or the


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    CS for SB 1956                                Second Engrossed



  1  order may provide the conditions under which a proposed

  2  transferee would be qualified. If the licensee fails to file

  3  such a response to the motor vehicle dealer's verified

  4  complaint within 30 such 60 days after receipt of the

  5  complaint, unless the parties agree in writing to an

  6  extension, period or if the department, after a hearing,

  7  dismisses the complaint or renders a decision other than one

  8  disqualifying the proposed transferee, the franchise agreement

  9  between the motor vehicle dealer and the licensee shall be

10  deemed amended to incorporate such transfer or amended in

11  accordance with the determination and order rendered,

12  effective upon compliance by the proposed transferee with any

13  conditions set forth in the determination or order.

14         (2)(a)  Notwithstanding the terms of any franchise

15  agreement, a licensee shall not, by contract or otherwise,

16  fail or refuse to give effect to, prevent, prohibit, or

17  penalize, or attempt to refuse to give effect to, prevent,

18  prohibit, or penalize, any motor vehicle dealer or any

19  proprietor, partner, stockholder, owner, or other person who

20  holds or otherwise owns an interest therein from selling,

21  assigning, transferring, alienating, or otherwise disposing

22  of, in whole or in part, the equity interest of any of them in

23  such motor vehicle dealer to any other person or persons,

24  including a corporation established or existing for the

25  purpose of owning or holding the stock or ownership interests

26  of other entities, unless the licensee proves at a hearing

27  pursuant to this section that such sale, transfer, alienation,

28  or other disposition is to a person who is not, or whose

29  controlling executive management is not, of good moral

30  character.  A motor vehicle dealer, or any proprietor,

31  partner, stockholder, owner, or other person who holds or


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    CS for SB 1956                                Second Engrossed



  1  otherwise owns an interest in the motor vehicle dealer, who

  2  desires to sell, assign, transfer, alienate, or otherwise

  3  dispose of any interest in such motor vehicle dealer shall

  4  notify, or cause the proposed transferee to so notify, the

  5  licensee, in writing, of the identity and address of the

  6  proposed transferee.  A licensee who receives such notice may,

  7  within 60 days following such receipt, notify the motor

  8  vehicle dealer in writing file with the department a verified

  9  complaint for a determination that the proposed transferee is

10  not a person qualified to be a transferee under this section

11  and setting forth the material reasons for such rejection.

12  Failure of the licensee to notify the motor vehicle dealer

13  within the 60-day period of such rejection shall be deemed an

14  approval of the transfer.  Any person whose proposed sale of

15  stock is rejected may file within 60 days of receipt of such

16  rejection a complaint with the department alleging that the

17  rejection was in violation of the law or the franchise

18  agreement.  The licensee has the burden of proof with respect

19  to all issues raised by such verified complaint.  The

20  department shall determine, and enter an order providing, that

21  the proposed transferee either is qualified or is not and

22  cannot be qualified for specified reasons; or the order may

23  provide the conditions under which a proposed transferee would

24  be qualified. If the licensee fails to file a response to the

25  motor vehicle dealer's complaint within 30 days of receipt of

26  the complaint, unless the parties agree in writing to an

27  extension, or if the licensee fails to file such verified

28  complaint within such 60-day period or if the department,

29  after a hearing, dismisses the complaint or renders a decision

30  on the complaint other than one disqualifying the proposed

31  transferee, the transfer shall be deemed approved franchise


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    CS for SB 1956                                Second Engrossed



  1  agreement between the motor vehicle dealer and the licensee

  2  shall be deemed amended to incorporate such transfer or

  3  amended in accordance with the determination and order

  4  rendered, effective upon compliance by the proposed transferee

  5  with any conditions set forth in the determination or order.

  6         (b)  During the pendency of any such hearing, the

  7  franchise agreement of the motor vehicle dealer shall continue

  8  in effect in accordance with its terms.  The department shall

  9  expedite any determination requested under this section.

10         (3)  Notwithstanding the terms of any franchise

11  agreement, the acceptance by the licensee of the proposed

12  transferee shall not be unreasonably withheld.  For the

13  purposes of this section, the refusal by the licensee to

14  accept a proposed transferee who satisfies the criteria set

15  forth in subsection (1) or (2) is presumed to be unreasonable.

16         Section 24.  Section 320.645, Florida Statutes, is

17  amended to read:

18         320.645  Restriction upon ownership of dealership by

19  licensee.--

20         (1)  No licensee, including a distributor,

21  manufacturer, or agent of a manufacturer or distributor, or

22  any parent, subsidiary, common entity, or officer or

23  representative of the licensee shall own or operate, either

24  directly or indirectly, a motor vehicle dealership in this

25  state for the sale or service of motor vehicles which have

26  been or are offered for sale under a franchise agreement with

27  a motor vehicle dealer in this state. A licensee may not be

28  issued a motor vehicle dealer license pursuant to s. 320.27.

29  However, no such licensee will be deemed to be in violation of

30  this section:

31  


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    CS for SB 1956                                Second Engrossed



  1         (a)  When operating a motor vehicle dealership for a

  2  temporary period, not to exceed 1 year, during the transition

  3  from one owner of the motor vehicle dealership to another;

  4         (b)  When operating a motor vehicle dealership

  5  temporarily for a reasonable period for the exclusive purpose

  6  of broadening the diversity of its dealer body and enhancing

  7  opportunities for qualified persons who are part of a group

  8  that has historically been underrepresented in its dealer

  9  body, or for other qualified persons who the licensee deems

10  lack the resources to purchase or capitalize the dealership

11  outright, not to exceed 1 year, or in a bona fide relationship

12  with an independent person, other than a licensee or its agent

13  or affiliate, who has made a significant investment that is

14  subject to loss in the dealership within the dealership's

15  first year of operation and who can reasonably expect to

16  acquire full ownership of the dealership on reasonable terms

17  and conditions; or

18         (c)  If the department determines, after a hearing on

19  the matter, pursuant to chapter 120, at the request of any

20  person, that there is no independent person available in the

21  community or territory to own and operate the motor vehicle

22  dealership in a manner consistent with the public interest.

23  

24  In any such case, the licensee must continue to make the motor

25  vehicle dealership available for sale to an independent person

26  at a fair and reasonable price. Approval of the sale of such a

27  motor vehicle dealership to a proposed motor vehicle dealer

28  shall not be unreasonably withheld.

29         (2)  As used in this section, the term:

30         (a)  "Independent person" is a person who is not an

31  officer, director, or employee of the licensee.


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    CS for SB 1956                                Second Engrossed



  1         (b)  "Reasonable terms and conditions" requires that

  2  profits from the dealership are reasonably expected to be

  3  sufficient to allow full ownership of the dealership by the

  4  independent person within a reasonable time period not to

  5  exceed 10 years, which time period may be extended if there is

  6  a reasonable basis to do so and is not being sought to evade

  7  the purpose of this section; that the independent person has

  8  sufficient control to permit acquisition of ownership; and

  9  that the relationship cannot be terminated solely to avoid

10  full ownership.  The terms and conditions are not reasonable

11  if they preclude the independent person from an expedited

12  purchase of the dealership using a monetary source other than

13  profits from the dealership's operation; provided, however,

14  that the independent person must pay or make an agreement to

15  pay to the licensee any and all reasonable prepayment charges

16  and costs, including all unrecouped restored losses,

17  associated with the expedited purchase of the dealership.  For

18  the purpose of this section, unrecouped restored losses are

19  monies that the manufacturer has provided to the dealership to

20  restore losses of the dealership that the manufacturer has not

21  been paid back through profits of the dealership.

22         (c)  "Significant investment" means a reasonable

23  amount, considering the reasonable capital requirements of the

24  dealership, acquired and obtained from sources other than the

25  licensee or any of its affiliates and not encumbered by the

26  person's interest in the dealership.

27         (3)  Nothing in this section shall prohibit, limit,

28  restrict, or impose conditions on:

29         (a)  The business activities, including, without

30  limitation, the dealings with motor vehicle manufacturers and

31  their representatives and affiliates, of any person that is


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    CS for SB 1956                                Second Engrossed



  1  primarily engaged in the business of short term not to exceed

  2  12 months rental of motor vehicles and industrial and

  3  construction equipment and activities incidental to that

  4  business, provided that:

  5         1.  Any motor vehicles sold by such person are limited

  6  to used motor vehicles that have been previously used

  7  exclusively and regularly by such person in the conduct of its

  8  rental business and used motor vehicles traded in on motor

  9  vehicles sold by such person;

10         2.  Warranty repairs performed under any manufacturer's

11  new vehicle warranty by such person on motor vehicles are

12  limited to those motor vehicles that it owns.  As to

13  previously owned vehicles, warranty repairs can be performed

14  only if pursuant to a motor vehicle service agreement as

15  defined in chapter 634, part I, issued by such person or an

16  express warranty issued by such person on the retail sale of

17  those vehicles previously owned; and

18         3.  Motor vehicle financing provided by such person to

19  retail consumers for motor vehicles is limited to used motor

20  vehicles sold by such person in the conduct of its business;

21  or

22         (b)  The direct or indirect ownership, affiliation or

23  control of a person described in paragraph (a) of this

24  subsection.

25         (4)  Nothing in this section shall prohibit a

26  licensee-distributor as defined in s. 320.60(5) that is not a

27  manufacturer, a division of a manufacturer, an entity that is

28  controlled by a manufacturer, or a common entity of a

29  manufacturer, and that is not owned, in whole or in part,

30  directly or indirectly, by a manufacturer, as defined in s.

31  320.60(9), and that has owned and operated a motor vehicle


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    CS for SB 1956                                Second Engrossed



  1  dealer in this state on or before July 1, 1996, other than a

  2  motor vehicle dealer permitted by s. 320.645(1)(b), from

  3  receiving a license as defined in s. 320.27 while owning and

  4  operating a motor vehicle dealership that sells or services

  5  motor vehicles other than any line-make of motor vehicles

  6  distributed by the licensee-distributor.

  7         (2)  This section shall not be construed to prohibit

  8  any licensee from owning or operating a motor vehicle

  9  dealership in this state if such dealership was owned or

10  operated by the licensee on May 31, 1984.

11         Section 25.  Subsection (2) of section 320.699, Florida

12  Statutes, is amended to read:

13         320.699  Administrative hearings and adjudications;

14  procedure.--

15         (2)  If a written objection or notice of protest is

16  filed with the department under paragraph (1)(b), a hearing

17  shall be held not sooner than 180 days nor later than 240 days

18  from within 180 days of the date of filing of the first

19  objection or notice of protest, unless the time is extended by

20  the Administrative Law Judge for good cause shown.  This

21  subsection shall govern the schedule of hearings in lieu of

22  any other provision of law with respect to administrative

23  hearings conducted by the Department of Highway Safety and

24  Motor Vehicles or the Division of Administrative Hearings,

25  including performance standards of state agencies, which may

26  be included in current and future appropriations acts. hearing

27  officer for good cause shown.  If a hearing is not scheduled

28  within said time, any party may request such hearing which

29  shall be held forthwith by the hearing officer.

30         Section 26.  Section 320.6991, Florida Statutes, is

31  created to read:


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    CS for SB 1956                                Second Engrossed



  1         320.6991  Severability.--If a provision of ss.

  2  320.60-320.70 or its application to any person or circumstance

  3  is held invalid, the invalidity does not affect other

  4  provisions or applications of ss. 320.60-320.70 that can be

  5  given effect without the invalid provision or application, and

  6  to this end the provisions of ss. 320.60-320.70 are severable.

  7         Section 27.  Section 320.275, Florida Statutes, is

  8  created to read:

  9         320.275  Automobile Dealers Industry Advisory Board.--

10         (1)  AUTOMOBILE DEALERS INDUSTRY ADVISORY BOARD.--The

11  Automobile Dealers Industry Advisory Board is created within

12  the Department of Highway Safety and Motor Vehicles. The board

13  shall make recommendations on proposed legislation, make

14  recommendations on proposed rules and procedures, present

15  licensed motor vehicle dealer industry issues to the

16  department for its consideration, consider any matters

17  relating to the motor vehicle dealer industry presented to it

18  by the department, and submit an annual report to the

19  Executive Director of the department and file copies with the

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

21  House of Representatives.

22         (2)  MEMBERSHIP, TERMS, MEETINGS.--

23         (a)  The board shall be composed of 12 members. The

24  Executive Director of the Department of Highway Safety and

25  Motor Vehicles shall appoint the members from names submitted

26  by the entities for the designated categories the member will

27  represent. The Executive Director shall appoint one

28  representative of the Department of Highway Safety and Motor

29  Vehicles, who must represent the Division of Motor Vehicles;

30  two representatives of the independent motor vehicle industry

31  as recommended by the Florida Independent Automobile Dealers


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    CS for SB 1956                                Second Engrossed



  1  Association; two representatives of the franchise motor

  2  vehicle industry as recommended by the Florida Automobile

  3  Dealers Association; one representative of the auction motor

  4  vehicle industry who is from an auction chain and is

  5  recommended by a group affiliated with the National Auto

  6  Auction Association; one representative of the auction motor

  7  vehicle industry who is from an independent auction and is

  8  recommended by a group affiliated with the National Auto

  9  Auction Association; one representative from the Department of

10  Revenue; a Florida Tax Collector representative recommended by

11  the Florida Tax Collectors Association; one representative

12  from the Better Business Bureau; one representative from the

13  Department of Agriculture and Consumer Services, who must

14  represent the Division of Consumer Services; and one

15  representative of the insurance industry who writes motor

16  vehicle dealer surety bonds.

17         (b)1.  The Executive Director shall appoint the

18  following initial members to 1-year terms: one representative

19  from the motor vehicle auction industry who represents an

20  auction chain, one representative from the independent motor

21  vehicle industry, one representative from the franchise motor

22  vehicle industry, one representative from the Department of

23  Revenue, one Florida Tax Collector, and one representative

24  from the Better Business Bureau.

25         2.  The Executive Director shall appoint the following

26  initial members to 2-year terms: one representative from the

27  motor vehicle auction industry who represents an independent

28  auction, one representative from the independent motor vehicle

29  industry, one representative from the franchise motor vehicle

30  industry, one representative from the Division of Consumer

31  


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    CS for SB 1956                                Second Engrossed



  1  Services, one representative from the insurance industry, and

  2  one representative from the Division of Motor Vehicles.

  3         3.  As the initial terms expire, the Executive Director

  4  shall appoint successors from the same designated category for

  5  terms of 2 years. If renominated, a member may succeed himself

  6  or herself.

  7         4.  The board shall appoint a chair and vice chair at

  8  its initial meeting and every 2 years thereafter.

  9         (c)  The board shall meet at least two times per year.

10  Meetings may be called by the chair of the board or by the

11  Executive Director of the department. One meeting shall be

12  held in the fall of the year to review legislative proposals.

13  The board shall conduct all meetings in accordance with

14  applicable Florida Statutes and shall keep minutes of all

15  meetings. Meetings may be held in locations around the state

16  in department facilities or in other appropriate locations.

17         (3)  PER DIEM, TRAVEL, AND STAFFING.--Members of the

18  board from the private sector are not entitled to per diem or

19  reimbursement for travel expenses. However, members of the

20  board from the public sector are entitled to reimbursement, if

21  any, from their respective agency. Members of the board may

22  request assistance from the Department of Highway Safety and

23  Motor Vehicles as necessary.

24         Section 28.  Definitions.--As used in section 29, the

25  following terms shall have the following meaning:

26         (1)  "Customer" includes a customer's designated agent.

27         (2)  "Dealer" means a motor vehicle dealer as defined

28  in section 320.27, Florida Statutes, but does not include a

29  motor vehicle auction as defined in section 320.27(1)(c)4.,

30  Florida Statutes.

31  


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    CS for SB 1956                                Second Engrossed



  1         (3)  "Replacement item" means a tire, bumper, bumper

  2  fascia, glass, in-dashboard equipment, seat or upholstery

  3  cover or trim, exterior illumination unit, grill, sunroof,

  4  external mirror and external body cladding. The replacement of

  5  up to three of these items does not constitute repair of

  6  damage if each item is replaced because of a product defect or

  7  damaged due to vandalism while the new motor vehicle is under

  8  the control of the dealer and the items are replaced with

  9  original manufacturer equipment, unless an item is replaced

10  due to a crash, collision, or accident.

11         (4)  "Threshold amount" means 3 percent of the

12  manufacturer's suggested retail price of a motor vehicle or

13  $650, whichever is less.

14         (5)  "Vehicle" means any automobile, truck, bus,

15  recreational vehicle or motorcycle required to be licensed

16  under chapter 320, Florida Statutes, for operation over the

17  roads of Florida, but does not include trailers, mobile homes,

18  travel trailers or trailer coaches without independent motive

19  power.

20         Section 29.  It is an unfair or deceptive act or

21  practice, actionable under the Florida Deceptive and Unfair

22  Trade Practices Act, for a dealer to:

23         (1)  Represent directly or indirectly that a motor

24  vehicle is a factory executive vehicle or executive vehicle

25  unless such vehicle was purchased directly from the

26  manufacturer or a subsidiary of the manufacturer and the

27  vehicle was used exclusively by the manufacturer, its

28  subsidiary, or a dealer for the commercial or personal use of

29  the manufacturer's, subsidiary's, or dealer's employees.

30         (2)  Represent directly or indirectly that a vehicle is

31  a demonstrator unless the vehicle was driven by prospective


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    CS for SB 1956                                Second Engrossed



  1  customers of a dealership selling the vehicle and such vehicle

  2  complies with the definition of a demonstrator in section

  3  320.60(3), Florida Statutes.

  4         (3)  Represent the previous usage or status of a

  5  vehicle to be something that it was not, or make usage or

  6  status representations unless the dealer has correct

  7  information regarding the history of the vehicle to support

  8  the representations.

  9         (4)  Represent the quality of care, regularity of

10  servicing, or general condition of a vehicle unless known by

11  the dealer to be true and supportable by material fact.

12         (5)  Represent orally or in writing that a particular

13  vehicle has not sustained structural or substantial skin

14  damage unless the statement is made in good faith and the

15  vehicle has been inspected by the dealer or his agent to

16  determine whether the vehicle has incurred such damage.

17         (6)  Sell a vehicle without fully and conspicuously

18  disclosing in writing at or before the consummation of sale

19  any warranty or guarantee terms, obligations, or conditions

20  that the dealer or manufacturer has given to the buyer. If the

21  warranty obligations are to be shared by the dealer and the

22  buyer, the method of determining the percentage of repair

23  costs to be assumed by each party must be disclosed. If the

24  dealer intends to disclaim or limit any expressed or implied

25  warranty, the disclaimer must be in writing in a conspicuous

26  manner and in layman's terms in accordance with chapter 672,

27  Florida Statutes, and the Magnuson-Moss Warranty - Federal

28  Trade Commission Improvement Act.

29         (7)  Provide an express or implied warranty and fail to

30  honor such warranty unless properly disclaimed pursuant to

31  subsection (6).


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    CS for SB 1956                                Second Engrossed



  1         (8)  Misrepresent warranty coverage, application

  2  period, or any warranty transfer cost or conditions to a

  3  customer.

  4         (9)  Obtain signatures from a customer on contracts

  5  that are not fully completed at the time the customer signs or

  6  which do not reflect accurately the negotiations and agreement

  7  between the customer and the dealer.

  8         (10)  Require or accept a deposit from a prospective

  9  customer prior to entering into a binding contract for the

10  purchase and sale of a vehicle unless the customer is given a

11  written receipt that states how long the dealer will hold the

12  vehicle from other sale and the amount of the deposit, and

13  clearly and conspicuously states whether and upon what

14  conditions the deposit is refundable or nonrefundable.

15         (11)  Add to the cash price of a vehicle as defined in

16  section 520.02(2), Florida Statutes, any fee or charge other

17  than those provided in that section and in Rule 3D-50.001,

18  Florida Administrative Code. All fees or charges permitted to

19  be added to the cash price by Rule 3D-50.001, Florida

20  Administrative Code, must be fully disclosed to customers in

21  all binding contracts concerning the vehicle's selling price.

22         (12)  Alter or change the odometer mileage of a

23  vehicle.

24         (13)  Sell a vehicle without disclosing to the customer

25  the actual year and model of the vehicle.

26         (14)  File a lien against a new vehicle purchased with

27  a check unless the dealer fully discloses to the purchaser

28  that a lien will be filed if purchase is made by check and

29  fully discloses to the buyer the procedures and cost to the

30  buyer for gaining title to the vehicle after the lien is

31  filed.


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    CS for SB 1956                                Second Engrossed



  1         (15)  Increase the price of the vehicle after having

  2  accepted an order of purchase or a contract from a buyer,

  3  notwithstanding subsequent receipt of an official price change

  4  notification. The price of a vehicle may be increased after a

  5  dealer accepts an order of purchase or a contract from a buyer

  6  if:

  7         (a)  A trade-in vehicle is reappraised because it

  8  subsequently is damaged, or parts or accessories are removed;

  9         (b)  The price increase is caused by the addition of

10  new equipment, as required by state or federal law;

11         (c)  The price increase is caused by the revaluation of

12  the U.S. dollar by the Federal Government, in the case of a

13  foreign-made vehicle;

14         (d)  The price increase is caused by state or federal

15  tax rate changes; or

16         (e)  Price protection is not provided by the

17  manufacturer, importer, or distributor.

18         (16)  Advertise the price of a vehicle unless the

19  vehicle is identified by year, make, model, and a commonly

20  accepted trade, brand, or style name. The advertised price

21  must include all fees or charges that the customer must pay,

22  including freight or destination charge, dealer preparation

23  charge, and charges for undercoating or rustproofing. State

24  and local taxes, tags, registration fees, and title fees,

25  unless otherwise required by local law or standard, need not

26  be disclosed in the advertisement. When two or more dealers

27  advertise jointly, with or without participation of the

28  franchiser, the advertised price need not include fees and

29  charges that are variable among the individual dealers

30  cooperating in the advertisement, but the nature of all

31  


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    CS for SB 1956                                Second Engrossed



  1  charges that are not included in the advertised price must be

  2  disclosed in the advertisement.

  3         (17)  Charge a customer for any pre-delivery service

  4  required by the manufacturer, distributor, or importer for

  5  which the dealer is reimbursed by the manufacturer,

  6  distributor, or importer.

  7         (18)  Charge a customer for any pre-delivery service

  8  without having printed on all documents that include a line

  9  item for pre-delivery service the following disclosure: "This

10  charge represents costs and profit to the dealer for items

11  such as inspecting, cleaning, and adjusting vehicles, and

12  preparing documents related to the sale."

13         (19)  Add an additional charge for pre-delivery service

14  other than those shown on a conspicuous label attached to the

15  window of the vehicle specifying any charges for pre-delivery

16  services and describing the charges as pre-delivery services,

17  delivery and handling, dealer preparation, or in similar terms

18  the dealer's charge for each dealer-installed option, and a

19  total price line.

20         (20)  Fail to disclose damage to a new motor vehicle,

21  as defined in subsection 319.001(4), Florida Statutes, of

22  which the dealer had actual knowledge, if the dealer's actual

23  cost of repairs exceeds the threshold amount, excluding

24  replacement items.

25  

26  In any civil litigation resulting from a violation of this

27  section, when evaluating the reasonableness of an award of

28  attorney's fees to a private person, the trial court shall

29  consider the amount of actual damages in relation to the time

30  spent.

31  


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    CS for SB 1956                                Second Engrossed



  1         Section 30.  Sections 28 and 29 shall be codified as

  2  part VI of chapter 501, and applies to any vehicle sold after

  3  October 1, 2001.

  4         Section 31.  Paragraph (n) of subsection (9) of section

  5  320.27, Florida Statutes, is repealed.

  6         Section 32.  A new subsection (3) is added to section

  7  520.12, Florida Statutes, to read:

  8         520.12  Penalties.--

  9         (3)  Section 520.12(2) does not apply to any violation

10  of the requirement in s. 520.07(1)(c) that the seller deliver

11  or mail to the buyer a copy of the contract signed by the

12  seller, if the seller delivered to the buyer at the time the

13  buyer signed the contract an exact copy of the contract that

14  the buyer signed.

15         Section 33.  Subsection (1) of section 681.1096,

16  Florida Statutes, is amended to read:

17         681.1096  Pilot RV Mediation and Arbitration Program;

18  creation and qualifications.--

19         (1)  This section and s. 681.1097 shall apply to

20  disputes determined eligible under this chapter involving

21  recreational vehicles acquired on or after October 1, 1997,

22  and shall remain in effect until September 30, 2002 2001, at

23  which time recreational vehicle disputes shall be subject to

24  the provisions of ss. 681.109 and 681.1095. The Attorney

25  General shall report annually to the President of the Senate,

26  the Speaker of the House of Representatives, the Minority

27  Leader of each house of the Legislature, and appropriate

28  legislative committees regarding the effectiveness efficiency

29  and cost-effectiveness of the pilot program.

30         Section 34.  Subsections (5) and (7) of section

31  681.1097, Florida Statutes, are amended to read:


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    CS for SB 1956                                Second Engrossed



  1         681.1097  Pilot RV Mediation and Arbitration Program;

  2  dispute eligibility and program function.--

  3         (5)  If the mediation ends in an impasse, or if a

  4  manufacturer fails to comply with the settlement entered into

  5  between the parties, the program administrator shall schedule

  6  the dispute for an arbitration hearing. Arbitration

  7  proceedings shall be open to the public on reasonable and

  8  nondiscriminatory terms.

  9         (a)  The arbitration hearing shall be conducted by a

10  single arbitrator assigned by the program administrator.  The

11  arbitrator shall not be the same person as the mediator who

12  conducted the prior mediation conference in the dispute.  The

13  parties may factually object to an arbitrator based on the

14  arbitrator's past or present relationship with a party or a

15  party's attorney, direct or indirect, whether financial,

16  professional, social, or of any other kind.  The program

17  administrator shall consider any such objection, determine its

18  validity, and notify the parties of any determination.  If the

19  objection is determined valid, the program administrator shall

20  assign another arbitrator to the case.

21         (b)  The arbitrator may issue subpoenas for the

22  attendance of witnesses and for the production of records,

23  documents, and other evidence. Subpoenas so issued shall be

24  served and, upon application to the court by a party to the

25  arbitration, enforced in the manner provided by law for the

26  service and enforcement of subpoenas in civil actions. Fees

27  for attendance as a witness shall be the same as for a witness

28  in the circuit court.

29         (c)  At all program arbitration proceedings, the

30  parties may present oral and written testimony, present

31  witnesses and evidence relevant to the dispute, cross-examine


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    CS for SB 1956                                Second Engrossed



  1  witnesses, and be represented by counsel.  The arbitrator

  2  shall record the arbitration hearing and shall have the power

  3  to administer oaths.  The arbitrator may inspect the vehicle

  4  if requested by a party or if the arbitrator considers such

  5  inspection appropriate.

  6         (d)  The program arbitrator may continue a hearing on

  7  his or her own motion or upon the request of a party for good

  8  cause shown.  A request for continuance by the consumer

  9  constitutes a waiver of the time period set forth in s.

10  681.1096(3)(k) for completion of all proceedings under the

11  program.

12         (e)  Where the arbitration is the result of a

13  manufacturer's failure to perform in accordance with a

14  settlement mediation agreement, any relief to the consumer

15  granted by the arbitration will be no less than the relief

16  agreed to by the manufacturer in the settlement agreement.

17         (f)  The arbitrator shall grant relief if a reasonable

18  number of attempts have been undertaken to correct a

19  nonconformity or nonconformities.

20         (g)  The program arbitrator shall render a decision

21  within 10 days of the closing of the hearing. The decision

22  shall be in writing on a form prescribed or approved by the

23  department. The program administrator shall send a copy of the

24  decision to the consumer and each involved manufacturer by

25  registered mail. The program administrator shall also send a

26  copy of the decision to the department within 5 days of

27  mailing to the parties.

28         (h)  A manufacturer shall comply with an arbitration

29  decision within 40 days of the date the manufacturer receives

30  the written decision. Compliance occurs on the date the

31  consumer receives delivery of an acceptable replacement motor


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    CS for SB 1956                                Second Engrossed



  1  vehicle or the refund specified in the arbitration award. If a

  2  manufacturer fails to comply within the time required, the

  3  consumer must notify the program administrator in writing

  4  within 10 days. The program administrator shall notify the

  5  department of a manufacturer's failure to comply. The

  6  department shall have the authority to enforce compliance with

  7  arbitration decisions under this section in the same manner as

  8  is provided for enforcement of compliance with board decisions

  9  under s. 681.1095(10). In any civil action arising under this

10  chapter and relating to a dispute arbitrated pursuant to this

11  section, the decision of the arbitrator is admissible in

12  evidence.

13         (i)  Either party may request that the program

14  arbitrator make a technical correction to the decision by

15  filing a written request with the program administrator within

16  10 days after receipt of the written decision. Technical

17  corrections shall be limited to computational errors,

18  correction of a party's name or information regarding the

19  recreational vehicle, and typographical or spelling errors.

20  Technical correction of a decision shall not toll the time for

21  filing an appeal or for manufacturer compliance.

22         (7)  A decision of the arbitrator is binding unless

23  appealed by either party by filing a petition with the circuit

24  court within the time and in the manner prescribed by s.

25  681.1095(10) and (12). Section 681.1095(13) and (14) apply to

26  appeals filed under this section. Either party may make

27  application to the circuit court for the county in which one

28  of the parties resides or has a place of business or, if

29  neither party resides or has a place of business in this

30  state, the county where the arbitration hearing was held, for

31  an order confirming, vacating, modifying, or correcting any


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    CS for SB 1956                                Second Engrossed



  1  award, in accordance with the provisions of this section and

  2  ss. 682.12, 682.13, 682.14, 682.15, and 682.17. Such

  3  application must be filed within 30 days of the moving party's

  4  receipt of the written decision or the decision becomes final.

  5  Upon filing such application, the moving party shall mail a

  6  copy to the department and, upon entry of any judgment or

  7  decree, shall mail a copy of such judgment or decree to the

  8  department. A review of such application by the circuit court

  9  shall be confined to the record of the proceedings before the

10  program arbitrator. The court shall conduct a de novo review

11  of the questions of law raised in the application. In addition

12  to the grounds set forth in ss. 682.13 and 682.14, the court

13  shall consider questions of fact raised in the application. In

14  reviewing questions of fact, the court shall uphold the award

15  unless it determines that the factual findings of the

16  arbitrator are not supported by substantial evidence in the

17  record and that the substantial rights of the moving party

18  have been prejudiced. If the arbitrator fails to state

19  findings or reasons for the stated award, or the findings or

20  reasons are inadequate, the court shall search the record to

21  determine whether a basis exists to uphold the award. The

22  court shall expedite consideration of any application filed

23  under this section on the calendar.

24         (a)  If a decision of a program arbitrator in favor of

25  a consumer is confirmed by the court, recovery by the consumer

26  shall include the pecuniary value of the award, attorney's

27  fees incurred in obtaining confirmation of the award, and all

28  costs and continuing damages in the amount of $25 per day for

29  each day beyond the 40-day period following a manufacturer's

30  receipt of the arbitrator's decision. If a court determines

31  the manufacturer acted in bad faith in bringing the appeal or


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    CS for SB 1956                                Second Engrossed



  1  brought the appeal solely for the purpose of harassment, or in

  2  complete absence of a justiciable issue of law or fact, the

  3  court shall double, and may triple, the amount of the total

  4  award.

  5         (b)  An appeal of a judgment or order by the court

  6  confirming, denying confirmation, modifying or correcting, or

  7  vacating the award may be taken in the manner and to the same

  8  extent as from orders or judgments in a civil action.

  9         Section 35.  Section 681.115, Florida Statutes, is

10  amended to read:

11         681.115  Certain agreements void.--Any agreement

12  entered into by a consumer that waives, limits, or disclaims

13  the rights set forth in this chapter, or that requires a

14  consumer not to disclose the terms of such agreement as a

15  condition thereof, is void as contrary to public policy.  The

16  rights set forth in this chapter shall extend to a subsequent

17  transferee of such motor vehicle.

18         Section 36.  Subsections (4) and (6) of section 713.78,

19  Florida Statutes, are amended to read:

20         713.78  Liens for recovering, towing, or storing

21  vehicles and documented vessels.--

22         (4)(a)  Any person regularly engaged in the business of

23  recovering, towing, or storing vehicles or vessels who comes

24  into possession of a vehicle or vessel pursuant to subsection

25  (2), and who claims a lien for recovery, towing, or storage

26  services, shall give notice to the registered owner, the

27  insurance company insuring the vehicle notwithstanding the

28  provisions of s. 627.736, and to all persons claiming a lien

29  thereon, as disclosed by the records in the Department of

30  Highway Safety and Motor Vehicles or of a corresponding agency

31  in any other state.


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    CS for SB 1956                                Second Engrossed



  1         (b)  Whenever any law enforcement agency authorizes the

  2  removal of a vehicle or whenever any towing service, garage,

  3  repair shop, or automotive service, storage, or parking place

  4  notifies the law enforcement agency of possession of a vehicle

  5  pursuant to s. 715.07(2)(a)2., the applicable law enforcement

  6  agency shall contact the Department of Highway Safety and

  7  Motor Vehicles, or the appropriate agency of the state of

  8  registration, if known, within 24 hours through the medium of

  9  electronic communications, giving the full description of the

10  vehicle. Upon receipt of the full description of the vehicle,

11  the department shall search its files to determine the owner's

12  name, the insurance company insuring the vehicle, and whether

13  any person has filed a lien upon the vehicle as provided in s.

14  319.27(2) and (3) and notify the applicable law enforcement

15  agency within 72 hours. The person in charge of the towing

16  service, garage, repair shop, or automotive service, storage,

17  or parking place shall obtain such information from the

18  applicable law enforcement agency within 5 days from the date

19  of storage and shall give notice pursuant to paragraph (a).

20  The department may release the insurance company information

21  to the requestor notwithstanding the provisions of s. 627.736.

22         (c)(b)  Notice by certified mail, return receipt

23  requested, shall be sent within 7 business days after the date

24  of storage of the vehicle or vessel to the registered owner,

25  the insurance company insuring the vehicle notwithstanding the

26  provisions of s. 627.736, and to all persons of record

27  claiming a lien against the vehicle or vessel.  It shall state

28  the fact of possession of the vehicle or vessel, that a lien

29  as provided in subsection (2) is claimed, that charges have

30  accrued and the amount thereof, that the lien is subject to

31  enforcement pursuant to law, and that the owner or lienholder,


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    CS for SB 1956                                Second Engrossed



  1  if any, has the right to a hearing as set forth in subsection

  2  (5), and that any vehicle or vessel which remains unclaimed,

  3  or for which the charges for recovery, towing, or storage

  4  services remain unpaid, may be sold after 35 days free of all

  5  prior liens after 35 days if the vehicle or vessel is more

  6  than 3 years of age and after 50 days if the vehicle or vessel

  7  is 3 years of age or less.

  8         (d)(c)  If attempts to locate the owner or lienholder

  9  prove unsuccessful, the towing-storage operator shall, after 7

10  working days, excluding Saturday and Sunday, of the initial

11  tow or storage, notify the public agency of jurisdiction in

12  writing by certified mail or acknowledged hand delivery that

13  the towing-storage company has been unable to locate the owner

14  or lienholder and a physical search of the vehicle or vessel

15  has disclosed no ownership information and a good faith effort

16  has been made.  For purposes of this paragraph and, subsection

17  (9), and s. 715.05, "good faith effort" means that the

18  following checks have been performed by the company to

19  establish prior state of registration and for title:

20         1.  Check of vehicle or vessel for any type of tag, tag

21  record, temporary tag, or regular tag.

22         2.  Check of law enforcement report for tag number or

23  other information identifying the vehicle or vessel, if the

24  vehicle or vessel was towed at the request of a law

25  enforcement officer.

26         3.  Check of trip sheet or tow ticket of tow truck

27  operator to see if a tag was on vehicle at beginning of tow,

28  if private tow.

29         4.  If there is no address of the owner on the impound

30  report, check of law enforcement report to see if an

31  


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    CS for SB 1956                                Second Engrossed



  1  out-of-state address is indicated from driver license

  2  information.

  3         5.  Check of vehicle or vessel for inspection sticker

  4  or other stickers and decals that may indicate a state of

  5  possible registration.

  6         6.  Check of the interior of the vehicle or vessel for

  7  any papers that may be in the glove box, trunk, or other areas

  8  for a state of registration.

  9         7.  Check of vehicle for vehicle identification number.

10         8.  Check of vessel for vessel registration number.

11         9.  Check of vessel hull for a hull identification

12  number which should be carved, burned, stamped, embossed, or

13  otherwise permanently affixed to the outboard side of the

14  transom or, if there is no transom, to the outmost seaboard

15  side at the end of the hull that bears the rudder or other

16  steering mechanism.

17         (6)  Any vehicle or vessel which is stored pursuant to

18  subsection (2) and which remains unclaimed, or for which

19  reasonable charges for recovery, towing, or storing remain

20  unpaid or for which a lot rental amount is due and owing to

21  the mobile home park owner, as evidenced by a judgment for

22  unpaid rent, and any contents not released pursuant to

23  subsection (10), may be sold by the owner or operator of the

24  storage space for such towing or storage charge or unpaid lot

25  rental amount after 35 days from the time the vehicle or

26  vessel is stored therein if the vehicle or vessel is more than

27  3 years of age and after 50 days from the time the vehicle or

28  vessel is stored therein if the vehicle or vessel is 3 years

29  of age or less. The sale shall be at public auction for cash.

30  If the date of the sale was not included in the notice

31  required in subsection (4), notice of the sale shall be given


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    CS for SB 1956                                Second Engrossed



  1  to the person in whose name the vehicle, vessel, or mobile

  2  home is registered, to the mobile home park owner, and to all

  3  persons claiming a lien on the vehicle or vessel as shown on

  4  the records of the Department of Highway Safety and Motor

  5  Vehicles or of the corresponding agency in any other state.

  6  Notice shall be sent by certified mail, return receipt

  7  requested, to the owner of the vehicle or vessel and the

  8  person having the recorded lien on the vehicle or vessel at

  9  the address shown on the records of the registering agency and

10  shall be mailed not less than 15 days before the date of the

11  sale. After diligent search and inquiry, if the name and

12  address of the registered owner or the owner of the recorded

13  lien cannot be ascertained, the requirements of notice by mail

14  may be dispensed with.  In addition to the notice by mail,

15  public notice of the time and place of sale shall be made by

16  publishing a notice thereof one time, at least 10 days prior

17  to the date of the sale, in a newspaper of general circulation

18  in the county in which the sale is to be held.  The proceeds

19  of the sale, after payment of reasonable towing and storage

20  charges, costs of the sale, and the unpaid lot rental amount,

21  in that order of priority, shall be deposited with the clerk

22  of the circuit court for the county if the owner is absent,

23  and the clerk shall hold such proceeds subject to the claim of

24  the person legally entitled thereto. The clerk shall be

25  entitled to receive 5 percent of such proceeds for the care

26  and disbursement thereof.  The certificate of title issued

27  under this law shall be discharged of all liens unless

28  otherwise provided by court order.

29         Section 37.  Section 715.05, Florida Statutes, is

30  repealed.

31  


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    CS for SB 1956                                Second Engrossed



  1         Section 38.  Subsection (10) of section 212.08, Florida

  2  Statutes, is amended to read:

  3         212.08  Sales, rental, use, consumption, distribution,

  4  and storage tax; specified exemptions.--The sale at retail,

  5  the rental, the use, the consumption, the distribution, and

  6  the storage to be used or consumed in this state of the

  7  following are hereby specifically exempt from the tax imposed

  8  by this chapter.

  9         (10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO RESIDENT

10  OF ANOTHER STATE.--The tax collected on the sale of a new or

11  used motor vehicle in this state to a resident of another

12  state shall be an amount equal to the sales tax which would be

13  imposed on such sale under the laws of the state of which the

14  purchaser is a resident, except that such tax shall not exceed

15  the tax that would otherwise be imposed under this chapter.

16  At the time of the sale, the purchaser shall execute a

17  notarized statement of his or her intent to license the

18  vehicle in the state of which the purchaser is a resident

19  within 45 days of the sale and of the fact of the payment to

20  the State of Florida of a sales tax in an amount equivalent to

21  the sales tax of his or her state of residence and shall

22  submit the statement to the appropriate sales tax collection

23  agency in his or her state of residence. Nothing in this

24  subsection shall be construed to require the removal of the

25  vehicle from this state following the filing of an intent to

26  license the vehicle in the purchaser's home state if the

27  purchaser licenses the vehicle in his or her home state within

28  45 days after the date of sale. Nothing herein shall require

29  the payment of tax to the State of Florida for assessments

30  made prior to July 1, 2001, if the tax imposed by this section

31  has been paid to the state in which the vehicle was licensed


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    CS for SB 1956                                Second Engrossed



  1  and the department has assessed a like amount of tax on the

  2  same transactions. This provision shall apply retroactively to

  3  assessments that have been protested prior to August 1, 1999,

  4  and have not been paid on the date this act takes effect.

  5         Section 39.  Subsection (1) of section 320.01, Florida

  6  Statutes, is amended to read:

  7         320.01  Definitions, general.--As used in the Florida

  8  Statutes, except as otherwise provided, the term:

  9         (1)  "Motor vehicle" means:

10         (a)  An automobile, motorcycle, truck, trailer,

11  semitrailer, truck tractor and semitrailer combination, or any

12  other vehicle operated on the roads of this state, used to

13  transport persons or property, and propelled by power other

14  than muscular power, but the term does not include traction

15  engines, road rollers, such vehicles as run only upon a track,

16  bicycles, or mopeds.

17         (b)  A recreational vehicle-type unit primarily

18  designed as temporary living quarters for recreational,

19  camping, or travel use, which either has its own motive power

20  or is mounted on or drawn by another vehicle. Recreational

21  vehicle-type units, when traveling on the public roadways of

22  this state, must comply with the length and width provisions

23  of s. 316.515, as that section may hereafter be amended. As

24  defined below, the basic entities are:

25         1.  The "travel trailer," which is a vehicular portable

26  unit, mounted on wheels, of such a size or weight as not to

27  require special highway movement permits when drawn by a

28  motorized vehicle. It is primarily designed and constructed to

29  provide temporary living quarters for recreational, camping,

30  or travel use. It has a body width of no more than 8 1/2  feet

31  


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    CS for SB 1956                                Second Engrossed



  1  and an overall body length of no more than 40 feet when

  2  factory-equipped for the road.

  3         2.  The "camping trailer," which is a vehicular

  4  portable unit mounted on wheels and constructed with

  5  collapsible partial sidewalls which fold for towing by another

  6  vehicle and unfold at the campsite to provide temporary living

  7  quarters for recreational, camping, or travel use.

  8         3.  The "truck camper," which is a truck equipped with

  9  a portable unit designed to be loaded onto, or affixed to, the

10  bed or chassis of the truck and constructed to provide

11  temporary living quarters for recreational, camping, or travel

12  use.

13         4.  The "motor home," which is a vehicular unit which

14  does not exceed the 40 feet in length, and the height, and the

15  width limitations provided in s. 316.515, is a self-propelled

16  motor vehicle, and is primarily designed to provide temporary

17  living quarters for recreational, camping, or travel use.

18         5.  The "private motor coach," which is a vehicular

19  unit which does not exceed the length, width, and height

20  limitations provided in s. 316.515(9), is built on a

21  self-propelled bus type chassis having no fewer than three

22  load-bearing axles, and is primarily designed to provide

23  temporary living quarters for recreational, camping, or travel

24  use.

25         6.  The "van conversion," which is a vehicular unit

26  which does not exceed the length and width limitations

27  provided in s. 316.515, is built on a self-propelled motor

28  vehicle chassis, and is designed for recreation, camping, and

29  travel use.

30         7.  The "park trailer," which is a transportable unit

31  which has a body width not exceeding 14 feet and which is


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    CS for SB 1956                                Second Engrossed



  1  built on a single chassis and is designed to provide seasonal

  2  or temporary living quarters when connected to utilities

  3  necessary for operation of installed fixtures and appliances.

  4  The total area of the unit in a setup mode, when measured from

  5  the exterior surface of the exterior stud walls at the level

  6  of maximum dimensions, not including any bay window, does not

  7  exceed 400 square feet when constructed to ANSI A-119.5

  8  standards, and 500 square feet when constructed to United

  9  States Department of Housing and Urban Development Standards.

10  The length of a park trailer means the distance from the

11  exterior of the front of the body (nearest to the drawbar and

12  coupling mechanism) to the exterior of the rear of the body

13  (at the opposite end of the body), including any protrusions.

14         8.  The "fifth-wheel trailer," which is a vehicular

15  unit mounted on wheels, designed to provide temporary living

16  quarters for recreational, camping, or travel use, of such

17  size or weight as not to require a special highway movement

18  permit, of gross trailer area not to exceed 400 square feet in

19  the setup mode, and designed to be towed by a motorized

20  vehicle that contains a towing mechanism that is mounted above

21  or forward of the tow vehicle's rear axle.

22         Section 40.  Paragraph (c) of subsection (1) of section

23  320.27, Florida Statutes, is amended, paragraph (f) is added

24  to said subsection, and subsections (7) and (9) of said

25  section are amended, to read:

26         320.27  Motor vehicle dealers.--

27         (1)  DEFINITIONS.--The following words, terms, and

28  phrases when used in this section have the meanings

29  respectively ascribed to them in this subsection, except where

30  the context clearly indicates a different meaning:

31  


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    CS for SB 1956                                Second Engrossed



  1         (c)  "Motor vehicle dealer" means any person engaged in

  2  the business of buying, selling, or dealing in motor vehicles

  3  or offering or displaying motor vehicles for sale at wholesale

  4  or retail, or who may service and repair motor vehicles

  5  pursuant to an agreement as defined in s. 320.60(1). Any

  6  person who buys, sells, or deals in three or more motor

  7  vehicles in any 12-month period or who offers or displays for

  8  sale three or more motor vehicles in any 12-month period shall

  9  be prima facie presumed to be engaged in such business. The

10  terms "selling" and "sale" include lease-purchase

11  transactions. A motor vehicle dealer may, at retail or

12  wholesale, sell a recreational vehicle as described in s.

13  320.01(1)(b)1.-6. and 8., acquired in exchange for the sale of

14  a motor vehicle, provided such acquisition is incidental to

15  the principal business of being a motor vehicle dealer.

16  However, a motor vehicle dealer may not buy a recreational

17  vehicle for the purpose of resale unless licensed as a

18  recreational vehicle dealer pursuant to s. 320.771. A motor

19  vehicle dealer may apply for a certificate of title to a motor

20  vehicle required to be registered under s. 320.08(2)(b), (c),

21  and (d), using a manufacturer's statement of origin as

22  permitted by s. 319.23(1), only if such dealer is authorized

23  by a franchised agreement as defined in s. 320.60(1), to buy,

24  sell, or deal in such vehicle and is authorized by such

25  agreement to perform delivery and preparation obligations and

26  warranty defect adjustments on the motor vehicle; provided

27  this limitation shall not apply to recreational vehicles, van

28  conversions, or any other motor vehicle manufactured on a

29  truck chassis. The transfer of a motor vehicle by a dealer not

30  meeting these qualifications shall be titled as a used

31  


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    CS for SB 1956                                Second Engrossed



  1  vehicle. The classifications of motor vehicle dealers are

  2  defined as follows:

  3         1.  "Franchised motor vehicle dealer" means any person

  4  who engages in the business of repairing, servicing, buying,

  5  selling, or dealing in motor vehicles pursuant to an agreement

  6  as defined in s. 320.60(1).

  7         2.  "Independent motor vehicle dealer" means any person

  8  other than a franchised or wholesale motor vehicle dealer who

  9  engages in the business of buying, selling, or dealing in

10  motor vehicles, and who may service and repair motor vehicles.

11         3.  "Wholesale motor vehicle dealer" means any person

12  who engages exclusively in the business of buying, selling, or

13  dealing in motor vehicles at wholesale or with motor vehicle

14  auctions. Such person shall be licensed to do business in this

15  state, shall not sell or auction a vehicle to any person who

16  is not a licensed dealer, and shall not have the privilege of

17  the use of dealer license plates. Any person who buys, sells,

18  or deals in motor vehicles at wholesale or with motor vehicle

19  auctions on behalf of a licensed motor vehicle dealer and as a

20  bona fide employee of such licensed motor vehicle dealer is

21  not required to be licensed as a wholesale motor vehicle

22  dealer. In such cases it shall be prima facie presumed that a

23  bona fide employer-employee relationship exists. A wholesale

24  motor vehicle dealer shall be exempt from the display

25  provisions of this section but shall maintain an office

26  wherein records are kept in order that those records may be

27  inspected.

28         4.  "Motor vehicle auction" means any person offering

29  motor vehicles or recreational vehicles for sale to the

30  highest bidder where both sellers and buyers are licensed

31  


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    CS for SB 1956                                Second Engrossed



  1  motor vehicle dealers. Such person shall not sell a vehicle to

  2  anyone other than a licensed motor vehicle dealer.

  3         5.  "Salvage motor vehicle dealer" means any person who

  4  engages in the business of acquiring salvaged or wrecked motor

  5  vehicles for the purpose of reselling them and their parts.

  6  

  7  The term "motor vehicle dealer" does not include persons not

  8  engaged in the purchase or sale of motor vehicles as a

  9  business who are disposing of vehicles acquired for their own

10  use or for use in their business or acquired by foreclosure or

11  by operation of law, provided such vehicles are acquired and

12  sold in good faith and not for the purpose of avoiding the

13  provisions of this law; persons engaged in the business of

14  manufacturing, selling, or offering or displaying for sale at

15  wholesale or retail no more than 25 trailers in a 12-month

16  period; public officers while performing their official

17  duties; receivers; trustees, administrators, executors,

18  guardians, or other persons appointed by, or acting under the

19  judgment or order of, any court; banks, finance companies, or

20  other loan agencies that acquire motor vehicles as an incident

21  to their regular business; motor vehicle brokers; and motor

22  vehicle rental and leasing companies that sell motor vehicles

23  to motor vehicle dealers licensed under this section. Vehicles

24  owned under circumstances described in this paragraph may be

25  disposed of at retail, wholesale, or auction, unless otherwise

26  restricted. A manufacturer of fire trucks, ambulances, or

27  school buses may sell such vehicles directly to governmental

28  agencies or to persons who contract to perform or provide

29  firefighting, ambulance, or school transportation services

30  exclusively to governmental agencies without processing such

31  sales through dealers if such fire trucks, ambulances, school


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    CS for SB 1956                                Second Engrossed



  1  buses, or similar vehicles are not presently available through

  2  motor vehicle dealers licensed by the department.

  3         (f)  "Bona fide employee" means a person who is

  4  employed by a licensed motor vehicle dealer and receives

  5  annually an Internal Revenue Service Form W-2, or an

  6  independent contractor who has a written contract with a

  7  licensed motor vehicle dealer and receives annually an

  8  Internal Revenue Service Form 1099, for the purpose of acting

  9  in the capacity of or conducting motor vehicle sales

10  transactions as a motor vehicle dealer.

11         (7)  CERTIFICATE OF TITLE REQUIRED.--For each used

12  motor vehicle in the possession of a licensee and offered for

13  sale by him or her, the licensee either shall have in his or

14  her possession or control a duly assigned certificate of title

15  from the owner in accordance with the provisions of chapter

16  319, from the time when the motor vehicle is delivered to the

17  licensee and offered for sale by him or her until it has been

18  disposed of by the licensee, or shall have reasonable indicia

19  of ownership or right of possession, or shall have made proper

20  application for a certificate of title or duplicate

21  certificate of title in accordance with the provisions of

22  chapter 319.  A motor vehicle dealer may not sell or offer for

23  sale a vehicle in his or her possession unless the dealer

24  satisfies the requirements of this subsection. Reasonable

25  indicia of ownership shall include a duly assigned certificate

26  of title; in the case of a new motor vehicle, a manufacturer's

27  certificate of origin issued to or reassigned to the dealer; a

28  consignment contract between the owner and the dealer along

29  with a secure power of attorney from the owner to the dealer

30  authorizing the dealer to apply for a duplicate certificate of

31  title and assign the title on behalf of the owner; a court


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    CS for SB 1956                                Second Engrossed



  1  order awarding title to the vehicle to the dealer; a salvage

  2  certificate of title; a photocopy of a duly assigned

  3  certificate of title being held by a financial institution as

  4  collateral for a business loan of money to the dealer ("floor

  5  plan"); a copy of a canceled check or other documentation

  6  evidencing that an outstanding lien on a vehicle taken in

  7  trade by a licensed dealer has been satisfied and that the

  8  certificate of title will be, but has not yet been, received

  9  by the dealer; a vehicle purchase order or installment

10  contract for a specific vehicle identifying that vehicle as a

11  trade-in on a replacement vehicle; or a duly executed odometer

12  disclosure statement as required by Title IV of the Motor

13  Vehicle Information and Cost Savings Act of 1972 (Pub. L. No.

14  92-513, as amended by Pub. L. No. 94-364 and Pub. L. No.

15  100-561) and by 49 C.F.R. part 580 bearing the signatures of

16  the titled owners of a traded-in vehicle.

17         Section 41.  This act shall take effect upon becoming a

18  law.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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