CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Gardiner offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (c) is added to subsection (3) of

18  section 316.006, Florida Statutes, to read:

19         316.006  Jurisdiction.--Jurisdiction to control traffic

20  is vested as follows:

21         (3)  COUNTIES.--

22         (c)  If the governing body of a county abandons the

23  roads and rights-of-way dedicated in a recorded residential

24  subdivision, and simultaneously conveys the county's interest

25  therein to a homeowners' association for the subdivision in

26  the manner prescribed in s. 316.00825, that county's traffic

27  control jurisdiction over the abandoned and conveyed roads

28  ceases unless the requirements of paragraph (b) are met.

29

30  Notwithstanding the provisions of subsection (2), each county

31  shall have original jurisdiction to regulate parking, by

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  resolution of the board of county commissioners and the

  2  erection of signs conforming to the manual and specifications

  3  of the Department of Transportation, in parking areas located

  4  on property owned or leased by the county, whether or not such

  5  areas are located within the boundaries of chartered

  6  municipalities.

  7         Section 2.  Section 316.00825, Florida Statutes, is

  8  created to read:

  9         316.00825  Closing and abandonment of roads; optional

10  conveyance to homeowners' association; traffic control

11  jurisdiction.--

12         (1)(a)  In addition to the authority provided in s.

13  336.12, the governing body of the county may abandon the roads

14  and rights-of-way dedicated in a recorded residential

15  subdivision plat and simultaneously convey the county's

16  interest in such roads, rights-of-way, and appurtenant

17  drainage facilities to a homeowners' association for the

18  subdivision, if the following conditions have been met:

19         1.  The homeowners' association has requested the

20  abandonment and conveyance in writing for the purpose of

21  converting the subdivision to a gated neighborhood with

22  restricted public access.

23         2.  No fewer than four-fifths of the owners of record

24  of property located in the subdivision have consented in

25  writing to the abandonment and simultaneous conveyance to the

26  homeowners' association.

27         3.  The homeowners' association is both a corporation

28  not for profit organized and in good standing under chapter

29  617, and a "homeowners' association" as  defined in s.

30  720.301(7) with the power to levy and collect assessments for

31  routine and periodic major maintenance and operation of street

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  lighting, drainage, sidewalks, and pavement in the

  2  subdivision.

  3         4.  The homeowners' association has entered into and

  4  executed such agreements, covenants, warranties, and other

  5  instruments; has provided, or has provided assurance of, such

  6  funds, reserve funds, and funding sources; and has satisfied

  7  such other requirements and conditions as may be established

  8  or imposed by the county with respect to the ongoing

  9  operation, maintenance, and repair and the periodic

10  reconstruction or replacement of the roads, drainage, street

11  lighting, and sidewalks in the subdivision after the

12  abandonment by the county.

13         (b)  The homeowners' association shall install,

14  operate, maintain, repair, and replace all signs, signals,

15  markings, striping, guardrails, and other traffic control

16  devices necessary or useful for the private roads unless an

17  agreement has been entered into between the county and the

18  homeowners' association, as authorized under s. 316.006(3)(b),

19  expressly providing that the county has traffic control

20  jurisdiction.

21         (2)  Upon abandonment of the roads and rights-of-way

22  and the conveyance thereof to the homeowners' association, the

23  homeowners' association shall have all the rights, title, and

24  interest in the roads and rights-of-way, including all

25  appurtenant drainage facilities, as were previously vested in

26  the county.  Thereafter, the homeowners' association shall

27  hold the roads and rights-of-way in trust for the benefit of

28  the owners of the property in the subdivision, and shall

29  operate, maintain, repair, and, from time to time, replace and

30  reconstruct the roads, street lighting, sidewalks, and

31  drainage facilities as necessary to ensure their use and

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  enjoyment by the property owners, tenants, and residents of

  2  the subdivision and their guests and invitees.  The provisions

  3  of this section shall be regarded as supplemental and

  4  additional to the provisions of s. 336.12, and shall not be

  5  regarded as in derogation of that section.

  6         Section 3.  Subsection (3) is added to section 316.061,

  7  Florida Statutes, to read:

  8         316.061  Crashes involving damage to vehicle or

  9  property.--

10         (3)  Employees or authorized agents of the Department

11  of Transportation, law enforcement with proper jurisdiction,

12  or an expressway authority created pursuant to chapter 348, in

13  the exercise, management, control, and maintenance of its

14  highway system, may undertake the removal from the main

15  traveled way of roads on its highway system of all vehicles

16  incapacitated as a result of a motor vehicle crash and of

17  debris caused thereby. Such removal is applicable when such a

18  motor vehicle crash results only in damage to a vehicle or

19  other property, and when such removal can be accomplished

20  safely and will result in the improved safety or convenience

21  of travel upon the road. The driver or any other person who

22  has removed a motor vehicle from the main traveled way of the

23  road as provided in this section shall not be considered

24  liable or at fault regarding the cause of the accident solely

25  by reason of moving the vehicle.

26         Section 4.  Section 316.520, Florida Statutes, is

27  re-enacted to read:

28         316.520  Loads on vehicles.--

29         (1)  A vehicle may not be driven or moved on any

30  highway unless the vehicle is so constructed or loaded as to

31  prevent any of its load from dropping, shifting, leaking,

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  blowing, or otherwise escaping therefrom, except that sand may

  2  be dropped only for the purpose of securing traction or water

  3  or other substance may be sprinkled on a roadway in cleaning

  4  or maintaining the roadway.

  5         (2)  It is the duty of every owner and driver,

  6  severally, of any vehicle hauling, upon any public road or

  7  highway open to the public, dirt, sand, lime rock, gravel,

  8  silica, or other similar aggregate or trash, garbage, or any

  9  similar material that could fall or blow from such vehicle, to

10  prevent such materials from falling, blowing, or in any way

11  escaping from such vehicle. Covering and securing the load

12  with a close-fitting tarpaulin or other appropriate cover is

13  required.

14         (3)  A violation of this section is a noncriminal

15  traffic infraction, punishable as a nonmoving violation as

16  provided in chapter 318.

17         Section 5.  Subsection (5) of section 318.1451, Florida

18  Statutes, is amended to read:

19         318.1451  Driver improvement schools.--

20         (5)(a)  No governmental entity or court shall provide,

21  issue, or maintain any information or orders regarding driver

22  improvement schools or course providers, with the exception of

23  directing inquiries or requests to the local telephone

24  directory heading of driving instruction or the traffic school

25  reference guide. However, The department is authorized to

26  maintain the information and records necessary to administer

27  its duties and responsibilities for driver improvement

28  courses. Where such information is a public record as defined

29  in chapter 119, it shall be made available to the public upon

30  request pursuant to s. 119.07(1).

31         (b)  The department or court may shall prepare for any

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  governmental entity to distribute a traffic school reference

  2  guide which lists shall list the benefits of attending a

  3  driver improvement school and contains the names of the fully

  4  approved course providers with a single telephone number for

  5  each provider as furnished by the provider, but under no

  6  circumstance may any list of course providers or schools be

  7  included, and shall refer further inquiries to the telephone

  8  directory under driving instruction.

  9         Section 6.  Paragraphs (f) and (g) are added to

10  subsection (3) of section 318.18, Florida Statutes, to read:

11         318.18  Amount of civil penalties.--The penalties

12  required for a noncriminal disposition pursuant to s. 318.14

13  are as follows:

14         (3)

15         (b)  For moving violations involving unlawful speed,

16  the fines are as follows:

17

18  For speed exceeding the limit by:                        Fine:

19  1-5 m.p.h..............................................Warning

20  6-9 m.p.h.................................................$ 25

21  10-14 m.p.h...............................................$100

22  15-19 m.p.h...............................................$125

23  20-29 m.p.h...............................................$150

24  30 m.p.h. and above.......................................$250

25

26         Section 7.  Section 319.001, Florida Statutes, is

27  amended to read:

28         319.001  Definitions.--As used in this chapter, the

29  term:

30         (1)  "Department" means the Department of Highway

31  Safety and Motor Vehicles.

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         (2)  "Front-end assembly" means fenders, hood, grill,

  2  and bumper.

  3         (3)(2)  "Licensed dealer," unless otherwise

  4  specifically provided, means a motor vehicle dealer licensed

  5  under s. 320.27, a mobile home dealer licensed under s.

  6  320.77, or a recreational vehicle dealer licensed under s.

  7  320.771.

  8         (4)  "Motorcycle body assembly" means frame, fenders,

  9  and gas tanks.

10         (5)  "Motorcycle engine" means cylinder block, heads,

11  engine case, and crank case.

12         (6)  "Motorcycle transmission" means drive train.

13         (7)(3)  "New mobile home" means a mobile home the

14  equitable or legal title to which has never been transferred

15  by a manufacturer, distributor, importer, or dealer to an

16  ultimate purchaser.

17         (8)(4)  "New motor vehicle" means a motor vehicle the

18  equitable or legal title to which has never been transferred

19  by a manufacturer, distributor, importer, or dealer to an

20  ultimate purchaser; however, when legal title is not

21  transferred but possession of a motor vehicle is transferred

22  pursuant to a conditional sales contract or lease and the

23  conditions are not satisfied and the vehicle is returned to

24  the motor vehicle dealer, the motor vehicle may be resold by

25  the motor vehicle dealer as a new motor vehicle, provided the

26  selling motor vehicle dealer gives the following written

27  notice to the purchaser:  "THIS VEHICLE WAS DELIVERED TO A

28  PREVIOUS PURCHASER." The purchaser shall sign an

29  acknowledgment, a copy of which is kept in the selling

30  dealer's file.

31         (9)  "Rear body section" means both quarter panels,

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  decklid, bumper, and floor pan.

  2         (10)(5)  "Satisfaction of lien" means full payment of a

  3  debt or release of a debtor from a lien by the lienholder.

  4         (11)(6)  "Used motor vehicle" means any motor vehicle

  5  that is not a "new motor vehicle" as defined in subsection (8)

  6  (4).

  7         Section 8.  Section 319.14, Florida Statutes, is

  8  amended to read:

  9         319.14  Sale of motor vehicles registered or used as

10  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

11  and nonconforming vehicles.--

12         (1)(a)  No person shall knowingly offer for sale, sell,

13  or exchange any vehicle that has been licensed, registered, or

14  used as a taxicab, police vehicle, or short-term-lease

15  vehicle, or a vehicle that has been repurchased by a

16  manufacturer pursuant to a settlement, determination, or

17  decision under chapter 681, until the department has stamped

18  in a conspicuous place on the certificate of title of the

19  vehicle, or its duplicate, words stating the nature of the

20  previous use of the vehicle or the title has been stamped

21  "Manufacturer's Buy Back" to reflect that the vehicle is a

22  nonconforming vehicle. If the certificate of title or

23  duplicate was not so stamped upon initial issuance thereof or

24  if, subsequent to initial issuance of the title, the use of

25  the vehicle is changed to a use requiring the notation

26  provided for in this section, the owner or lienholder of the

27  vehicle shall surrender the certificate of title or duplicate

28  to the department prior to offering the vehicle for sale, and

29  the department shall stamp the certificate or duplicate as

30  required herein.  When a vehicle has been repurchased by a

31  manufacturer pursuant to a settlement, determination, or

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  decision under chapter 681, the title shall be stamped

  2  "Manufacturer's Buy Back" to reflect that the vehicle is a

  3  nonconforming vehicle.

  4         (b)  No person shall knowingly offer for sale, sell, or

  5  exchange a rebuilt vehicle until the department has stamped in

  6  a conspicuous place on the certificate of title for the

  7  vehicle words stating that the vehicle has been rebuilt or,

  8  assembled from parts, or combined, or is a kit car, glider

  9  kit, replica, or flood vehicle unless proper application for a

10  certificate of title for a vehicle that is rebuilt or,

11  assembled from parts, or combined, or is a kit car, glider

12  kit, replica, or flood vehicle has been made to the department

13  in accordance with this chapter and the department has

14  conducted the physical examination of the vehicle to assure

15  the identity of the vehicle and all major component parts, as

16  defined in s. 319.30(1)(e), which have been repaired or

17  replaced.  Thereafter, the department shall affix a decal to

18  the vehicle, in the manner prescribed by the department,

19  showing the vehicle to be rebuilt.

20         (c)  As used in this section:

21         1.  "Police vehicle" means a motor vehicle owned or

22  leased by the state or a county or municipality and used in

23  law enforcement.

24         2.a.  "Short-term-lease vehicle" means a motor vehicle

25  leased without a driver and under a written agreement to one

26  or more persons from time to time for a period of less than 12

27  months.

28         b.  "Long-term-lease vehicle" means a motor vehicle

29  leased without a driver and under a written agreement to one

30  person for a period of 12 months or longer.

31         c.  "Lease vehicle" includes both short-term-lease

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  vehicles and long-term-lease vehicles.

  2         3.  "Rebuilt vehicle" means a motor vehicle or mobile

  3  home built from salvage or junk, as defined in s. 319.30(1).

  4         4.  "Assembled from parts" means a motor vehicle or

  5  mobile home assembled from parts or combined from parts of

  6  motor vehicles or mobile homes, new or used. "Assembled from

  7  parts" does not mean a motor vehicle defined as a "rebuilt

  8  vehicle" in subparagraph 3., which has been declared a total

  9  loss pursuant to s. 319.30.

10         5.  "Combined" means assembled by combining two motor

11  vehicles neither of which has been titled and branded as

12  "Salvage Unrebuildable."

13         5.6.  "Kit car" means a motor vehicle assembled with a

14  kit supplied by a manufacturer to rebuild a wrecked or

15  outdated motor vehicle with a new body kit.

16         6.7.  "Glider kit" means a vehicle assembled with a kit

17  supplied by a manufacturer to rebuild a wrecked or outdated

18  truck or truck tractor.

19         7.8.  "Replica" means a complete new motor vehicle

20  manufactured to look like an old vehicle.

21         8.9.  "Flood vehicle" means a motor vehicle or mobile

22  home that has been declared to be a total loss pursuant to s.

23  319.30(3)(a) resulting from damage caused by water.

24         9.10.  "Nonconforming vehicle" means a motor vehicle

25  which has been purchased by a manufacturer pursuant to a

26  settlement, determination, or decision under chapter 681.

27         10.11.  "Settlement" means an agreement entered into

28  between a manufacturer and a consumer that occurs after a

29  dispute is submitted to a program, or an informal dispute

30  settlement procedure established by a manufacturer or is

31  approved for arbitration before the New Motor Vehicle

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  Arbitration Board as defined in s. 681.102.

  2         (2)  No person shall knowingly sell, exchange, or

  3  transfer a vehicle referred to in subsection (1) without,

  4  prior to consummating the sale, exchange, or transfer,

  5  disclosing in writing to the purchaser, customer, or

  6  transferee the fact that the vehicle has previously been

  7  titled, registered, or used as a taxicab, police vehicle, or

  8  short-term-lease vehicle or is a vehicle that is rebuilt or,

  9  assembled from parts, or combined, or is a kit car, glider

10  kit, replica, or flood vehicle, or is a nonconforming vehicle,

11  as the case may be.

12         (3)  Any person who, with intent to offer for sale or

13  exchange any vehicle referred to in subsection (1), knowingly

14  or intentionally advertises, publishes, disseminates,

15  circulates, or places before the public in any communications

16  medium, whether directly or indirectly, any offer to sell or

17  exchange the vehicle shall clearly and precisely state in each

18  such offer that the vehicle has previously been titled,

19  registered, or used as a taxicab, police vehicle, or

20  short-term-lease vehicle or that the vehicle or mobile home is

21  a vehicle that is rebuilt or, assembled from parts, or

22  combined, or is a kit car, glider kit, replica, or flood

23  vehicle, or a nonconforming vehicle, as the case may be.  Any

24  person who violates this subsection commits is guilty of a

25  misdemeanor of the second degree, punishable as provided in s.

26  775.082 or s. 775.083.

27         (4)  When a certificate of title, including a foreign

28  certificate, is branded to reflect a condition or prior use of

29  the titled vehicle, the brand must be noted on the

30  registration certificate of the vehicle and such brand shall

31  be carried forward on all subsequent certificates of title and

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  registration certificates issued for the life of the vehicle.

  2         (5)  Any person who knowingly sells, exchanges, or

  3  offers to sell or exchange a motor vehicle or mobile home

  4  contrary to the provisions of this section or any officer,

  5  agent, or employee of a person who knowingly authorizes,

  6  directs, aids in, or consents to the sale, exchange, or offer

  7  to sell or exchange a motor vehicle or mobile home contrary to

  8  the provisions of this section commits is guilty of a

  9  misdemeanor of the second degree, punishable as provided in s.

10  775.082 or s. 775.083.

11         (6)  Any person who removes a rebuilt decal from a

12  rebuilt vehicle with the intent to conceal the rebuilt status

13  of the vehicle commits a felony of the third degree,

14  punishable as provided in s. 775.082, s. 775.083, or s.

15  775.084.

16         (7)(6)  This section applies to a mobile home, travel

17  trailer, camping trailer, truck camper, or fifth-wheel

18  recreation trailer only when such mobile home or vehicle is a

19  rebuilt vehicle or is assembled from parts.

20         (8)(7)  No person shall be liable or accountable in any

21  civil action arising out of a violation of this section if the

22  designation of the previous use or condition of the motor

23  vehicle is not noted on the certificate of title and

24  registration certificate of the vehicle which was received by,

25  or delivered to, such person, unless such person has actively

26  concealed the prior use or condition of the vehicle from the

27  purchaser.

28         (9)(8)  Subsections (1), (2), and (3) do not apply to

29  the transfer of ownership of a motor vehicle after the motor

30  vehicle has ceased to be used as a lease vehicle and the

31  ownership has been transferred to an owner for private use or

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  to the transfer of ownership of a nonconforming vehicle with

  2  36,000 or more miles on its odometer, or 34 months whichever

  3  is later and the ownership has been transferred to an owner

  4  for private use. Such owner, as shown on the title

  5  certificate, may request the department to issue a corrected

  6  certificate of title that does not contain the statement of

  7  the previous use of the vehicle as a lease vehicle or

  8  condition as a nonconforming vehicle.

  9         Section 9.  Subsection (5) is added to section 319.22,

10  Florida Statutes, to read:

11         319.22  Transfer of title.--

12         (5)  It is illegal to transfer title to a motor vehicle

13  when the purchaser's name does not appear on the title. Any

14  buyer or seller who knowingly and willfully violates this

15  subsection with intent to commit fraud commits a misdemeanor

16  of the first degree, punishable as provided in s. 775.082 or

17  s. 775.083.

18         Section 10.  Section 319.30, Florida Statutes, is

19  amended to read:

20         319.30  Definitions; dismantling, destruction, change

21  of identity of motor vehicle or mobile home; salvage.--

22         (1)  As used in this section, the term:

23         (a)  "Certificate of destruction" means the certificate

24  issued pursuant to s. 713.78(11).

25         (b)  "Certificate of registration number" means the

26  certificate of registration number issued by the Department of

27  Revenue of the State of Florida pursuant to s. 538.25.

28         (c)  "Derelict" means any material which is or may have

29  been a motor vehicle or mobile home, with or without all

30  component parts, which is inoperable and which material is in

31  such condition that its highest or primary value is either in

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  its sale or transfer as scrap metal or for its component

  2  parts, or a combination of the two.

  3         (d)  "Junk" means any material which is or may have

  4  been a motor vehicle or mobile home, with or without all

  5  component parts, which is inoperable and which material is in

  6  such condition that its highest or primary value is either in

  7  its sale or transfer as scrap metal or for its component

  8  parts, or a combination of the two, except when sold or

  9  delivered to or when purchased, possessed, or received by a

10  secondary metals recycler or salvage motor vehicle dealer.

11         (e)  "Major component parts" means:

12         1.  For motor vehicles other than motorcycles, the

13  front-end assembly (fenders, hood, grill, and bumper), cowl

14  assembly, rear body section (both quarter panels, trunk lid,

15  door, decklid, and bumper), floor pan, door assemblies,

16  engine, frame, transmission, and airbag.

17         2.  For trucks, in addition to those parts listed in

18  subparagraph 1., any truck bed, including dump, wrecker,

19  crane, mixer, cargo box, or any bed which mounts to a truck

20  frame.

21         3.  For motorcycles, the body assembly, frame, fenders,

22  gas tanks, engine, cylinder block, heads, engine case, crank

23  case, transmission, drive train, front fork assembly, and

24  wheels.

25         4.  For mobile homes, the frame. the front-end assembly

26  (fenders, hood, grill, and bumper); cowl assembly; rear body

27  section (both quarter panels, decklid, bumper, and floor pan);

28  door assemblies; engine; frame; or transmission.

29         (f)  "Major part" means the front-end assembly,

30  (fenders, hood, grill, and bumper); cowl assembly,; or rear

31  body section (both quarter panels, decklid, bumper, and floor

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  pan).

  2         (g)  "Materials" means motor vehicles, derelicts, and

  3  major parts that are not prepared materials.

  4         (h)  "Mobile home" means mobile home as defined in s.

  5  320.01(2).

  6         (i)  "Motor vehicle" means motor vehicle as defined in

  7  s. 320.01(1).

  8         (j)  "Parts" means parts of motor vehicles or

  9  combinations thereof that do not constitute materials or

10  prepared materials.

11         (k)  "Personal identification card" means personal

12  identification card as defined in s. 538.18(5).

13         (l)  "Prepared materials" means motor vehicles, mobile

14  homes, derelicts, major parts, or parts that have been

15  processed by mechanically flattening or crushing, or otherwise

16  processed such that they are not the motor vehicle or mobile

17  home described in the certificate of title, or their only

18  value is as scrap metal.

19         (m)  "Processing" means the business of performing the

20  manufacturing process by which ferrous metals or nonferrous

21  metals are converted into raw material products consisting of

22  prepared grades and having an existing or potential economic

23  value, or the purchase of materials, prepared materials, or

24  parts therefor.

25         (n)  "Salvage" means a motor vehicle or mobile home

26  which is a total loss as defined in paragraph (3)(a).

27         (o)  "Salvage motor vehicle dealer" means salvage motor

28  vehicle dealer as defined in s. 320.27(1)(c)5.

29         (p)  "Secondary metals recycler" means secondary metals

30  recycler as defined in s. 538.18(8).

31         (2)(a)  Each person mentioned as owner in the last

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  issued certificate of title, when such motor vehicle or mobile

  2  home is dismantled, destroyed, or changed in such manner that

  3  it is not the motor vehicle or mobile home described in the

  4  certificate of title, shall surrender his or her certificate

  5  of title to the department, and thereupon the department

  6  shall, with the consent of any lienholders noted thereon,

  7  enter a cancellation upon its records. Upon cancellation of a

  8  certificate of title in the manner prescribed by this section,

  9  the department may cancel and destroy all certificates in that

10  chain of title. Any person who willfully and deliberately

11  violates this paragraph commits a misdemeanor of the second

12  degree, punishable as provided in s. 775.082 or s. 775.083.

13         (b)  When a motor vehicle is sold, transported, or

14  delivered to a salvage motor vehicle dealer, it shall be

15  accompanied by:

16         1.  A properly endorsed certificate of title, salvage

17  certificate of title, or vehicle certificate of destruction

18  issued by the department; or

19         2.  If the certificate of title has been surrendered to

20  the department, a notarized affidavit signed by the owner

21  stating that the title has been returned to the State of

22  Florida pursuant to paragraph (a), the date on which such

23  return was made, the year, make, and vehicle identification

24  number of the motor vehicle, and the name, address, and

25  personal identification card number of the owner. Any person

26  who willfully and deliberately violates this subparagraph by

27  falsifying a required affidavit commits a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         (c)  Anyone who willfully and knowingly induces a

31  person to sign an affidavit that falsely asserts that the

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  vehicle title has been surrendered to the department commits a

  2  felony of the third degree, punishable as provided in s.

  3  775.082 or s. 775.083.

  4         (3)(a)  As used in this section, a motor vehicle or

  5  mobile home is a "total loss":

  6         1.  When an insurance company pays the vehicle owner to

  7  replace the wrecked or damaged vehicle with one of like kind

  8  and quality or when an insurance company pays the owner upon

  9  the theft of the motor vehicle or mobile home; a motor vehicle

10  or mobile home shall not be considered a "total loss" if the

11  insurance company and the owner agree to repair, rather than

12  to replace, the motor vehicle or mobile home; or

13         2.  When an uninsured motor vehicle or mobile home is

14  wrecked or damaged and the cost, at the time of loss, of

15  repairing or rebuilding the vehicle is 80 percent or more of

16  the cost to the owner of replacing the wrecked or damaged

17  motor vehicle or mobile home with one of like kind and

18  quality.

19         (b)  The owner of any motor vehicle or mobile home

20  which is considered to be salvage, including persons who are

21  self-insured, shall, within 72 hours after the motor vehicle

22  or mobile home becomes salvage, forward the title to the motor

23  vehicle or mobile home to the department for processing.

24  However, an insurance company which pays money as compensation

25  for total loss of a motor vehicle or mobile home shall obtain

26  the certificate of title for the motor vehicle or mobile home

27  and, within 72 hours after receiving such certificate of

28  title, shall forward such title to the department for

29  processing. The owner or insurance company, as the case may

30  be, may not dispose of a vehicle or mobile home that is a

31  total loss before it has obtained a salvage certificate of

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  title or certificate of destruction from the department. When

  2  applying for a salvage certificate of title or certificate of

  3  destruction, the owner or insurance company must provide the

  4  department with an estimate of the costs of repairing the

  5  physical and mechanical damage suffered by the vehicle for

  6  which a salvage certificate of title or certificate of

  7  destruction is sought. If the estimated costs of repairing the

  8  physical and mechanical damage to the vehicle are equal to 80

  9  percent or more of the current retail cost of the vehicle, as

10  established in any official used car or used mobile home

11  guide, the department shall declare the vehicle unrebuildable

12  and print a certificate of destruction, which authorizes the

13  dismantling or destruction of the motor vehicle or mobile home

14  described therein. This certificate of destruction shall be

15  reassignable a maximum of two times before dismantling or

16  destruction of the vehicle shall be required, and shall

17  accompany the motor vehicle or mobile home for which it is

18  issued, when such motor vehicle or mobile home is sold for

19  such purposes, in lieu of a certificate of title, and,

20  thereafter, the department shall refuse issuance of any

21  certificate of title for that vehicle. Nothing in this

22  subsection shall be applicable when a vehicle is worth less

23  than $1,500 retail in undamaged condition in any official used

24  motor vehicle guide or used mobile home guide or when a stolen

25  motor vehicle or mobile home is recovered in substantially

26  intact condition and is readily resalable without extensive

27  repairs to or replacement of the frame or engine. Any person

28  who willfully and deliberately violates this paragraph or

29  falsifies any document to avoid the requirements of this

30  paragraph commits a misdemeanor of the first degree,

31  punishable as provided in s. 775.082 or s. 775.083.

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         (4)  It is unlawful for any person to have in his or

  2  her possession any motor vehicle or mobile home when the

  3  manufacturer's or state-assigned identification number plate

  4  or serial plate has been removed therefrom.

  5         (a)  However, Nothing in this subsection shall be

  6  applicable when a vehicle defined in this section as a

  7  derelict or salvage was purchased or acquired from a foreign

  8  state requiring such vehicle's identification number plate to

  9  be surrendered to such state, provided the person shall have

10  an affidavit from the seller describing the vehicle by

11  manufacturer's serial number and the state to which such

12  vehicle's identification number plate was surrendered.

13         (b)  Nothing in this subsection shall be applicable if

14  a certificate of destruction has been obtained for the

15  vehicle.

16         (5)(a)  It is unlawful for any person to knowingly

17  possess, sell, or exchange, offer to sell or exchange, or give

18  away any certificate of title or manufacturer's or

19  state-assigned identification number plate or serial plate of

20  any motor vehicle, mobile home, or derelict that has been sold

21  as salvage contrary to the provisions of this section, and it

22  is unlawful for any person to authorize, direct, aid in, or

23  consent to the possession, sale, or exchange or to offer to

24  sell, exchange, or give away such certificate of title or

25  manufacturer's or state-assigned identification number plate

26  or serial plate.

27         (b)  It is unlawful for any person to knowingly

28  possess, sell, or exchange, offer to sell or exchange, or give

29  away any manufacturer's or state-assigned identification

30  number plate or serial plate of any motor vehicle or mobile

31  home that has been removed from the motor vehicle or mobile

                                  19

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  home for which it was manufactured, and it is unlawful for any

  2  person to authorize, direct, aid in, or consent to the

  3  possession, sale, or exchange or to offer to sell, exchange,

  4  or give away such manufacturer's or state-assigned

  5  identification number plate or serial plate.

  6         (c)  This chapter does not apply to anyone who removes,

  7  possesses, or replaces a manufacturer's or state-assigned

  8  identification number plate, in the course of performing

  9  repairs on a vehicle, that require such removal or

10  replacement.  If the repair requires replacement of a vehicle

11  part that contains the manufacturer's or state-assigned

12  identification number plate, the manufacturer's or

13  state-assigned identification number plate that is assigned to

14  the vehicle being repaired will be installed on the

15  replacement part. The manufacturer's or state-assigned

16  identification number plate that was removed from this

17  replacement part will be installed on the part that was

18  removed from the vehicle being repaired.

19         (6)  In the event of a purchase by a salvage motor

20  vehicle dealer of materials or major component parts for any

21  reason, the purchaser shall:

22         (a)  For each item of materials or major component

23  parts purchased, the salvage motor vehicle dealer shall record

24  the date of purchase, name and address of the seller, and the

25  personal identification card number of the person delivering

26  such items, as well as the vehicle identification number, if

27  available.

28         (b)  With respect to each item of materials or major

29  component parts purchased, obtain such documentation as may be

30  required by subsection (2).

31

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  Any person who violates this subsection commits a misdemeanor

  2  of the first degree, punishable as provided in s. 775.082 or

  3  s. 775.083.

  4         (7)  In the event of a purchase by a secondary metals

  5  recycler, that has been issued a certificate of registration

  6  number, of:

  7         (a)  Materials, prepared materials, or parts from any

  8  seller for purposes other than the processing of such

  9  materials, prepared materials, or parts, the purchaser shall

10  obtain such documentation as may be required by this section,

11  and shall record the seller's name and address, date of

12  purchase, and the personal identification card number of the

13  person delivering such items.

14         (b)  Parts or prepared materials from any seller for

15  purposes of the processing of such parts or prepared

16  materials, the purchaser shall record the seller's name and

17  address and date of purchase; and, in the event of a purchase

18  transaction consisting primarily of parts or prepared

19  materials, the personal identification card number of the

20  person delivering such items.

21         (c)  Materials from another secondary metals recycler

22  for purposes of the processing of such materials, the

23  purchaser shall record the seller's name, address, and date of

24  purchase.

25         (d)  Motor vehicles, mobile homes, or derelicts from

26  other than a secondary metals recycler for purposes of the

27  processing of such motor vehicles, mobile homes, or derelicts,

28  the purchaser shall record the seller's name, address, date of

29  purchase, and the personal identification card number of the

30  person delivering such items, and shall obtain the following

31  documentation from the seller with respect to each item

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  purchased:

  2         1.  A valid certificate of title issued in the name of

  3  the seller or properly endorsed over to the seller;

  4         2.  A valid certificate of destruction issued in the

  5  name of the seller or properly endorsed over to the seller; or

  6         3.  If a valid certificate of title or a valid

  7  certificate of destruction is not available, an affidavit

  8  signed by the seller stating that the seller returned the

  9  certificate of title to the State of Florida pursuant to

10  subsection (2) and the date on which such return was made, and

11  setting forth the vehicle identification number of such motor

12  vehicle, mobile home, or derelict.

13         (e)  Major parts from other than a secondary metals

14  recycler for purposes of the processing of such major parts,

15  the purchaser shall record the seller's name, address, date of

16  purchase, and the personal identification card number of the

17  person delivering such items, as well as the vehicle

18  identification number, if available, of each major part

19  purchased.

20

21  Any person who violates this subsection commits a felony of

22  the third degree, punishable as provided in s. 775.082, s.

23  775.083, or s. 775.084.

24         (8)(a)  Secondary metals recyclers and salvage motor

25  vehicle dealers shall return to the department on a monthly

26  basis all certificates of title required by this section to be

27  obtained.

28         (b)  Secondary metals recyclers and salvage motor

29  vehicle dealers shall keep all certificates of destruction,

30  seller's affidavits, and all other information required by

31  this section to be recorded or obtained, on file in the

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  offices of such secondary metals recyclers or salvage motor

  2  vehicle dealers for a period of 3 years from the date of

  3  purchase of the items reflected in such certificates of

  4  destruction or seller's affidavits.  These records shall be

  5  maintained in chronological order.

  6         (c)  For the purpose of enforcement of this section,

  7  the department or its agents and employees have the same right

  8  of inspection as law enforcement officers as provided in s.

  9  812.055.

10         (9)  Except as otherwise provided in this section, any

11  person who violates this section commits a felony of the third

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084.

14         Section 11.  Subsection (6) is added to section 319.32,

15  Florida Statutes, to read:

16         319.32  Fees; service charges; disposition.--

17         (6)  Notwithstanding chapter 116, every county officer

18  within this state authorized to collect funds provided for in

19  this chapter shall pay all sums officially received by the

20  officer into the State Treasury no later than 5 working days

21  after the close of the business day in which the officer

22  received the funds. Payment by county officers to the state

23  shall be made by means of electronic funds transfer.

24         Section 12.  Subsection (5) of section 319.33, Florida

25  Statutes, is amended to read:

26         319.33  Offenses involving vehicle identification

27  numbers, applications, certificates, papers; penalty.--

28         (5)  It is unlawful for any person, firm, or

29  corporation to knowingly possess, manufacture, sell or

30  exchange, offer to sell or exchange, supply in blank, or give

31  away any counterfeit manufacturer's or state-assigned

                                  23

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  identification number plates or serial plates or any decal

  2  used for the purpose of identification of any motor vehicle;

  3  or for any officer, agent, or employee of any person, firm, or

  4  corporation, or any person who shall authorize, direct, aid in

  5  exchange, or give away such counterfeit manufacturer's or

  6  state-assigned identification number plates or serial plates

  7  or any decal; or conspire to do any of the foregoing.

  8  However, nothing in this subsection shall be applicable to any

  9  approved replacement manufacturer's or state-assigned

10  identification number plates or serial plates or any decal

11  issued by the department or any state.

12         Section 13.  Subsection (3) of section 320.03, Florida

13  Statutes, is amended to read:

14         320.03  Registration; duties of tax collectors;

15  International Registration Plan.--

16         (3)  Each tax collector shall keep a full and complete

17  record and account of all validation stickers, mobile home

18  stickers, or other properties received by him or her from the

19  department, or from any other source, and shall make prompt

20  remittance of moneys collected by him or her at such times and

21  in such manner as prescribed by law. Notwithstanding chapter

22  116, every county officer within this state authorized to

23  collect funds provided for in this chapter shall pay all sums

24  officially received by the officer into the State Treasury no

25  later than 5 working days after the close of the business day

26  in which the officer received the funds. Payment by county

27  officers to the state shall be made by means of electronic

28  funds transfer.

29         Section 14.  Subsection (9) of section 320.27, Florida

30  Statutes, is amended to read:

31         320.27  Motor vehicle dealers.--

                                  24

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         (9)  DENIAL, SUSPENSION, OR REVOCATION.--

  2         (a)  The department may deny, suspend, or revoke any

  3  license issued hereunder or under the provisions of s. 320.77

  4  or s. 320.771, upon proof that a licensee has committed any of

  5  the following activities failed to comply with any of the

  6  following provisions with sufficient frequency so as to

  7  establish a pattern of wrongdoing on the part of the licensee:

  8         (a)  Willful violation of any other law of this state,

  9  including chapter 319, this chapter, or ss. 559.901-559.9221,

10  which has to do with dealing in or repairing motor vehicles or

11  mobile homes or willful failure to comply with any

12  administrative rule promulgated by the department.

13  Additionally, in the case of used motor vehicles, the willful

14  violation of the federal law and rule in 15 U.S.C. s. 2304, 16

15  C.F.R. part 455, pertaining to the consumer sales window form.

16         1.(b)  Commission of fraud or willful misrepresentation

17  in application for or in obtaining a license.

18         2.  Conviction of a felony.

19         3.  Failure to honor a bank draft or check given to a

20  motor vehicle dealer for the purchase of a motor vehicle by

21  another motor vehicle dealer within 10 days after notification

22  that the bank draft or check has been dishonored. If the

23  transaction is disputed, the maker of the bank draft or check

24  shall post a bond in accordance with the provisions of s.

25  559.917, and no proceeding for revocation or suspension shall

26  be commenced until the dispute is resolved.

27         (b)  The department may deny, suspend, or revoke any

28  license issued hereunder or under the provisions of s. 320.77

29  or s. 320.771 upon proof that a licensee has committed, with

30  sufficient frequency so as to establish a pattern of

31  wrongdoing on the part of a licensee, violations of one or

                                  25

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  more of the following activities:

  2         (c)  Perpetration of a fraud upon any person as a

  3  result of dealing in motor vehicles, including, without

  4  limitation, the misrepresentation to any person by the

  5  licensee of the licensee's relationship to any manufacturer,

  6  importer, or distributor.

  7         1.(d)  Representation that a demonstrator is a new

  8  motor vehicle, or the attempt to sell or the sale of a

  9  demonstrator as a new motor vehicle without written notice to

10  the purchaser that the vehicle is a demonstrator. For the

11  purposes of this section, a "demonstrator," a "new motor

12  vehicle," and a "used motor vehicle" shall be defined as under

13  s. 320.60.

14         2.(e)  Unjustifiable refusal to comply with a

15  licensee's responsibility under the terms of the new motor

16  vehicle warranty issued by its respective manufacturer,

17  distributor, or importer. However, if such refusal is at the

18  direction of the manufacturer, distributor, or importer, such

19  refusal shall not be a ground under this section.

20         3.(f)  Misrepresentation or false, deceptive, or

21  misleading statements with regard to the sale or financing of

22  motor vehicles which any motor vehicle dealer has, or causes

23  to have, advertised, printed, displayed, published,

24  distributed, broadcast, televised, or made in any manner with

25  regard to the sale or financing of motor vehicles.

26         4.  Failure by any motor vehicle dealer to provide a

27  customer or purchaser with an odometer disclosure statement

28  and a copy of any bona fide written, executed sales contract

29  or agreement of purchase connected with the purchase of the

30  motor vehicle purchased by the customer or purchaser.

31         5.  Failure of any motor vehicle dealer to comply with

                                  26

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  the terms of any bona fide written, executed agreement,

  2  pursuant to the sale of a motor vehicle.

  3         6.  Failure to apply for transfer of a title as

  4  prescribed in s. 319.23(6).

  5         7.  Use of the dealer license identification number by

  6  any person other than the licensed dealer or his or her

  7  designee.

  8         8.  Failure to continually meet the requirements of the

  9  licensure law.

10         9.  Representation to a customer or any advertisement

11  to the public representing or suggesting that a motor vehicle

12  is a new motor vehicle if such vehicle lawfully cannot be

13  titled in the name of the customer or other member of the

14  public by the seller using a manufacturer's statement of

15  origin as permitted in s. 319.23(1).

16         10.(g)  Requirement by any motor vehicle dealer that a

17  customer or purchaser accept equipment on his or her motor

18  vehicle which was not ordered by the customer or purchaser.

19         11.(h)  Requirement by any motor vehicle dealer that

20  any customer or purchaser finance a motor vehicle with a

21  specific financial institution or company.

22         (i)  Failure by any motor vehicle dealer to provide a

23  customer or purchaser with an odometer disclosure statement

24  and a copy of any bona fide written, executed sales contract

25  or agreement of purchase connected with the purchase of the

26  motor vehicle purchased by the customer or purchaser.

27         (j)  Failure of any motor vehicle dealer to comply with

28  the terms of any bona fide written, executed agreement,

29  pursuant to the sale of a motor vehicle.

30         12.(k)  Requirement by any the motor vehicle dealer

31  that the purchaser of a motor vehicle contract with the dealer

                                  27

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  for physical damage insurance.

  2         13.  Perpetration of a fraud upon any person as a

  3  result of dealing in motor vehicles, including, without

  4  limitation, the misrepresentation to any person by the

  5  licensee of the licensee's relationship to any manufacturer,

  6  importer, or distributor.

  7         14.(l)  Violation of any of the provisions of s. 319.35

  8  by any motor vehicle dealer.

  9         15.  Sale by a motor vehicle dealer of a vehicle

10  offered in trade by a customer prior to consummation of the

11  sale, exchange, or transfer of a newly acquired vehicle to the

12  customer, unless the customer provides written authorization

13  for the sale of the trade-in vehicle prior to delivery of the

14  newly acquired vehicle.

15         16.  Willful failure to comply with any administrative

16  rule adopted by the department.

17         17.  Violation of chapter 319, this chapter, or ss.

18  559.901-559.9221, which has to do with dealing in or repairing

19  motor vehicles or mobile homes. Additionally, in the case of

20  used motor vehicles, the willful violation of the federal law

21  and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining

22  to the consumer sales window form.

23         (m)  Either a history of bad credit or an unfavorable

24  credit rating as revealed by the applicant's official credit

25  report or by investigation by the department.

26         (n)  Failure to apply for transfer of a title as

27  prescribed in s. 319.23(6).

28         (o)  Use of the dealer license identification number by

29  any person other than the licensed dealer or his or her

30  designee.

31         (p)  Conviction of a felony.

                                  28

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         (q)  Failure to continually meet the requirements of

  2  the licensure law.

  3         (c)(r)  When a motor vehicle dealer is convicted of a

  4  crime which results in his or her being prohibited from

  5  continuing in that capacity, the dealer may not continue in

  6  any capacity within the industry.  The offender shall have no

  7  financial interest, management, sales, or other role in the

  8  operation of a dealership.  Further, the offender may not

  9  derive income from the dealership beyond reasonable

10  compensation for the sale of his or her ownership interest in

11  the business.

12         (s)  Representation to a customer or any advertisement

13  to the general public representing or suggesting that a motor

14  vehicle is a new motor vehicle if such vehicle lawfully cannot

15  be titled in the name of the customer or other member of the

16  general public by the seller using a manufacturer's statement

17  of origin as permitted in s. 319.23(1).

18         (t)  Failure to honor a bank draft or check given to a

19  motor vehicle dealer for the purchase of a motor vehicle by

20  another motor vehicle dealer within 10 days after notification

21  that the bank draft or check has been dishonored. A single

22  violation of this paragraph is sufficient for revocation or

23  suspension. If the transaction is disputed, the maker of the

24  bank draft or check shall post a bond in accordance with the

25  provisions of s. 559.917, and no proceeding for revocation or

26  suspension shall be commenced until the dispute is resolved.

27         (u)  Sale by a motor vehicle dealer of a vehicle

28  offered in trade by a customer prior to consummation of the

29  sale, exchange, or transfer of a newly acquired vehicle to the

30  customer, unless the customer provides written authorization

31  for the sale of the trade-in vehicle prior to delivery of the

                                  29

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  newly acquired vehicle.

  2         Section 15.  Subsection (7) of section 322.095, Florida

  3  Statutes, is amended to read:

  4         322.095  Traffic law and substance abuse education

  5  program for driver's license applicants.--

  6         (7)(a)  No governmental entity or court shall provide,

  7  issue, or maintain any information or orders regarding traffic

  8  law and substance abuse education program schools or course

  9  providers, with the exception of directing inquiries or

10  requests to the local telephone directory heading of driving

11  instruction or the driver's license applicant reference guide.

12  However, The department is authorized to maintain the

13  information and records necessary to administer its duties and

14  responsibilities for the program. Where such information is a

15  public record as defined in chapter 119, it shall be made

16  available to the public upon request pursuant to s. 119.07(1).

17  The department shall approve and regulate courses that use

18  technology as the delivery method of all traffic law and

19  substance abuse education courses as the courses relate to

20  this section.

21         (b)  The department shall prepare for any governmental

22  entity to distribute a driver's license applicant reference

23  guide which shall list the benefits of attending a traffic law

24  and substance abuse education school, but under no

25  circumstance may include any list of course providers or

26  schools. The department shall refer further inquiries to the

27  telephone directory heading of driving instruction.

28         Section 16.  Subsection (4) is added to section 328.73,

29  Florida Statutes, to read:

30         328.73  Registration; duties of tax collectors.--

31         (4)  Notwithstanding chapter 116, every county officer

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  within this state authorized to collect funds provided for in

  2  this chapter shall pay all sums officially received by the

  3  officer into the State Treasury no later than 5 working days

  4  after the close of the business day in which the officer

  5  received the funds. Payment by county officers to the state

  6  shall be made by means of electronic funds transfer.

  7         Section 17.  Subsections (11) and (12) of section

  8  713.78, Florida Statutes, are amended to read:

  9         713.78  Liens for recovering, towing, or storing

10  vehicles and vessels.--

11         (11)(a)  Any person regularly engaged in the business

12  of recovering, towing, or storing vehicles or vessels who

13  comes into possession of a vehicle or vessel pursuant to

14  subsection (2) and who has complied with the provisions of

15  subsections (3) and (6), when such vehicle or vessel is to be

16  sold for purposes of being dismantled, destroyed, or changed

17  in such manner that it is not the motor vehicle, vessel, or

18  mobile home described in the certificate of title, shall apply

19  to the county tax collector for a certificate of destruction.

20  A certificate of destruction, which authorizes the dismantling

21  or destruction of the vehicle or vessel described therein,

22  shall be reassignable a maximum of two times before

23  dismantling or destruction of the vehicle shall be required,

24  and shall accompany the vehicle or vessel for which it is

25  issued, when such vehicle or vessel is sold for such purposes,

26  in lieu of a certificate of title.  The application for a

27  certificate of destruction must include an affidavit from the

28  applicant that it has complied with all applicable

29  requirements of this section and, if the vehicle or vessel is

30  not registered in this state, by a statement from a law

31  enforcement officer that the vehicle or vessel is not reported

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  stolen, and shall be accompanied by such documentation as may

  2  be required by the department.

  3         (b)  The Department of Highway Safety and Motor

  4  Vehicles shall charge a fee of $3 for each certificate of

  5  destruction.  A service charge of $4.25 shall be collected and

  6  retained by the tax collector who processes the application.

  7         (c)  The Department of Highway Safety and Motor

  8  Vehicles may adopt such rules as it deems necessary or proper

  9  for the administration of this subsection.

10         (12)(a)  Any person who violates any provision of

11  subsection (1), subsection (2), subsection (4), subsection

12  (5), subsection (6), or subsection (7) is guilty of a

13  misdemeanor of the first degree, punishable as provided in s.

14  775.082 or s. 775.083.

15         (b)  Any person who violates the provisions of

16  subsections (8) through (11) is guilty of a felony of the

17  third degree, punishable as provided in s. 775.082, s.

18  775.083, or s. 775.084.

19         (c)  Any person who uses a false or fictitious name,

20  gives a false or fictitious address, or makes any false

21  statement in any application or affidavit required under the

22  provisions of this section is guilty of a felony of the third

23  degree, punishable as provided in s. 775.082, s. 775.083, or

24  s. 775.084.

25         (d)  Employees of the Department of Highway Safety and

26  Motor Vehicles and law enforcement officers are authorized to

27  inspect the records of any person regularly engaged in the

28  business of recovering, towing, or storing vehicles or vessels

29  or transporting vehicles or vessels by wrecker, tow truck, or

30  car carrier, to ensure compliance with the requirements of

31  this section. Any person who fails to maintain records, or

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  fails to produce records when required in a reasonable manner

  2  and at a reasonable time, commits a misdemeanor of the first

  3  degree, punishable as provided in s. 775.082 or s. 775.083.

  4         Section 18.  Subsection (2) of section 316.251, Florida

  5  Statutes, is amended to read:

  6         316.251  Maximum bumper heights.--

  7         (2)  "New motor vehicles" as defined in s.

  8  319.001(8)(4), "antique automobiles" as defined in s. 320.08,

  9  "horseless carriages" as defined in s. 320.086, and "street

10  rods" as defined in s. 320.0863 shall be excluded from the

11  requirements of this section.

12         Section 19.  Subsection (20) of section 501.976,

13  Florida Statutes, is amended to read:

14         501.976  Actionable, unfair, or deceptive acts or

15  practices.--It is an unfair or deceptive act or practice,

16  actionable under the Florida Deceptive and Unfair Trade

17  Practices Act, for a dealer to:

18         (20)  Fail to disclose damage to a new motor vehicle,

19  as defined in s. 319.001(8)(4), of which the dealer had actual

20  knowledge, if the dealer's actual cost of repairs exceeds the

21  threshold amount, excluding replacement items.

22

23  In any civil litigation resulting from a violation of this

24  section, when evaluating the reasonableness of an award of

25  attorney's fees to a private person, the trial court shall

26  consider the amount of actual damages in relation to the time

27  spent.

28         Section 20.  Subsection (3) of section 681.103, Florida

29  Statutes, is amended to read:

30         681.103  Duty of manufacturer to conform a motor

31  vehicle to the warranty.--

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         (3)  At the time of acquisition, the manufacturer shall

  2  inform the consumer clearly and conspicuously in writing how

  3  and where to file a claim with a certified procedure if such

  4  procedure has been established by the manufacturer pursuant to

  5  s. 681.108. The nameplate manufacturer of a recreational

  6  vehicle shall, at the time of vehicle acquisition, inform the

  7  consumer clearly and conspicuously in writing how and where to

  8  file a claim with a program pursuant to s. 681.1096. The

  9  manufacturer shall provide to the dealer and, at the time of

10  acquisition, the dealer shall provide to the consumer a

11  written statement that explains the consumer's rights under

12  this chapter. The written statement shall be prepared by the

13  Department of Legal Affairs and shall contain a toll-free

14  number for the division that the consumer can contact to

15  obtain information regarding the consumer's rights and

16  obligations under this chapter or to commence arbitration. If

17  the manufacturer obtains a signed receipt for timely delivery

18  of sufficient quantities of this written statement to meet the

19  dealer's vehicle sales requirements, it shall constitute prima

20  facie evidence of compliance with this subsection by the

21  manufacturer. The consumer's signed acknowledgment of receipt

22  of materials required under this subsection shall constitute

23  prima facie evidence of compliance by the manufacturer and

24  dealer. The form of the acknowledgments shall be approved by

25  the Department of Legal Affairs, and the dealer shall maintain

26  the consumer's signed acknowledgment for 3 years.

27         Section 21.  Subsection (1) of section 681.1096,

28  Florida Statutes, is amended to read:

29         681.1096  Pilot RV Mediation and Arbitration Program;

30  creation and qualifications.--

31         (1)  This section and s. 681.1097 shall apply to

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  disputes determined eligible under this chapter involving

  2  recreational vehicles acquired on or after October 1, 1997,

  3  and shall remain in effect until September 30, 2006 2002, at

  4  which time recreational vehicle disputes shall be subject to

  5  the provisions of ss. 681.109 and 681.1095. The Attorney

  6  General shall report to the President of the Senate, the

  7  Speaker of the House of Representatives, the Minority Leader

  8  of each house of the Legislature, and appropriate legislative

  9  committees regarding the effectiveness of the pilot program.

10         Section 22.  Paragraph (e) is added to subsection (3)

11  of section 681.1097, Florida Statutes, and paragraph (a) of

12  subsection (4) of said section is amended, to read:

13         681.1097  Pilot RV Mediation and Arbitration Program;

14  dispute eligibility and program function.--

15         (3)  The consumer's application for participation in

16  the program must be on a form prescribed or approved by the

17  department. The department shall screen all applications to

18  participate in the program to determine eligibility. The

19  department shall forward to the program administrator all

20  applications the department determines are potentially

21  entitled to relief under this chapter.

22         (e)  The department may delegate responsibility for the

23  screening of claims to the program, in which event claims

24  filed with the department shall be forwarded to the program

25  administrator and the provisions of this section shall apply

26  to claims screened by the program.

27         (4)  Mediation shall be mandatory for both the consumer

28  and manufacturer, unless the dispute is settled prior to the

29  scheduled mediation conference. The mediation conference shall

30  be confidential and inadmissible in any subsequent adversarial

31  proceedings. Participation shall be limited to the parties

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1  directly involved in the dispute and their attorneys, if any.

  2  All manufacturers shall be represented by persons with

  3  settlement authority.

  4         (a)  Upon receipt of an eligible application from the

  5  department, the program administrator shall notify the

  6  consumer and all involved manufacturers in writing that an

  7  eligible application has been received. Such notification

  8  shall include a statement that a mediation conference will be

  9  scheduled, shall identify the assigned mediator, and provide

10  information regarding the program's procedures. The program

11  administrator shall provide all involved manufacturers with a

12  copy of the completed application.

13         Section 23.  This act shall take effect upon becoming a

14  law.

15

16

17  ================ T I T L E   A M E N D M E N T ===============

18  And the title is amended as follows:

19         On page 1 and 2 of the bill,

20  remove:  all of said lines,

21

22  and insert:

23         An act relating to transportation; amending s.

24         316.006, F.S.; revising the traffic control

25         jurisdiction of a county over certain roads and

26         rights-of-way dedicated in a residential

27         subdivision under certain circumstances;

28         creating s. 316.00825, F.S.; authorizing the

29         governing body of a county to abandon the roads

30         and rights-of-way dedicated in a recorded

31         subdivision plat under certain circumstances;

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         providing for traffic control jurisdiction of

  2         such roads; amending s. 316.061, F.S.;

  3         authorizing specified entities to remove

  4         crashed motor vehicles in certain

  5         circumstances; limiting liability; amending s.

  6         316.520, F.S.; revising language with respect

  7         to penalties relating to loads on vehicles;

  8         amending s. 318.1451, F.S.; revising provisions

  9         governing driver improvement schools; amending

10         s. 318.18, F.S.; amending s. 319.001, F.S.;

11         providing definitions with respect to

12         provisions of law relating to title

13         certificates; correcting a cross reference, to

14         conform; amending s. 319.14, F.S.; revising

15         language with respect to the sale of motor

16         vehicles registered or used as taxicabs, police

17         vehicles, lease vehicles, or rebuilt vehicles

18         and nonconforming vehicles; amending s. 319.22,

19         F.S.; providing that it is illegal to transfer

20         title to a motor vehicle under certain

21         circumstances; providing a penalty; amending s.

22         319.30, F.S., relating to salvage; revising

23         circumstances; limiting liability; re-enacting

24         s. 316.520, F.S.; relating to loads on

25         vehicles; amending s. 319.32, F.S.; providing a

26         time period for the payment of certain funds by

27         county officers to the State Treasury by

28         electronic funds transfer; amending s. 319.33,

29         F.S.; including reference to state-assigned

30         identification number plates; amending s.

31         320.03, F.S.; providing a time period for

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                                                   HOUSE AMENDMENT

                           Bill No. CS for CS for SB 522, 2nd Eng.

    Amendment No. 01f (for drafter's use only)





  1         county officers to pay certain funds to the

  2         State Treasury by electronic funds transfer;

  3         amending s. 320.27, F.S.; revising language

  4         with respect to the denial, suspension, or

  5         revocation of a license by the department with

  6         respect to motor vehicle dealers; amending s.

  7         322.095, F.S.; revising provisions governing

  8         traffic law and substance abuse education

  9         courses; amending s. 328.73, F.S.; providing a

10         time period for county officers to pay certain

11         funds to the State Treasury by electronic funds

12         transfer; amending s. 713.78, F.S.; authorizing

13         employees of the department and law enforcement

14         officers to inspect the records of persons

15         regularly engaged in the business of

16         recovering, towing, or storing vehicles or

17         vessels; providing a penalty for failure to

18         maintain required records or failure to produce

19         records when required; amending ss. 316.251 and

20         501.976, F.S.; correcting a cross reference, to

21         conform; amending s. 681.103, F.S.; requiring

22         that certain information relating to filing a

23         claim with a mediation and arbitration program

24         be provided by the name plate manufacturer to

25         the consumer; amending s. 681.1096, F.S.;

26         postponing termination of the mediation and

27         arbitration pilot program; amending s.

28         681.1097, F.S.; providing for screening of

29         claims by the program; providing an effective

30         date.

31

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