CODING: Words stricken are deletions; words underlined are additions.
e1300680
Senate
s0500-98
s0522
2002
SA
Senator Sebesta moved the following substitute for amendment
(901210):
On page 16, line 30,
page 20, line 8,
SENATE AMENDMENT
Bill No. CS for CS for SB 522, 1st Eng.
Amendment No. ___ Barcode 300680
CHAMBER ACTION
Senate House
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11 Senator Sebesta moved the following substitute for amendment
12 (901210):
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14 Senate Amendment
15 On page 16, line 30, through
16 page 20, line 8, delete those lines
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18 and insert:
19 (a) Willful violation of any other law of this state,
20 including chapter 319, this chapter, or ss. 559.901-559.9221,
21 which has to do with dealing in or repairing motor vehicles or
22 mobile homes or willful failure to comply with any
23 administrative rule promulgated by the department.
24 Additionally, in the case of used motor vehicles, the willful
25 violation of the federal law and rule in 15 U.S.C. s. 2304, 16
26 C.F.R. part 455, pertaining to the consumer sales window form.
27 1.(b) Commission of fraud or willful misrepresentation
28 in application for or in obtaining a license.
29 2. Conviction of a felony.
30 3. Failure to honor a bank draft or check given to a
31 motor vehicle dealer for the purchase of a motor vehicle by
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SENATE AMENDMENT
Bill No. CS for CS for SB 522, 1st Eng.
Amendment No. ___ Barcode 300680
1 another motor vehicle dealer within 10 days after notification
2 that the bank draft or check has been dishonored. If the
3 transaction is disputed, the maker of the bank draft or check
4 shall post a bond in accordance with the provisions of s.
5 559.917, and no proceeding for revocation or suspension shall
6 be commenced until the dispute is resolved.
7 (b) The department may deny, suspend, or revoke any
8 license issued hereunder or under the provisions of s. 320.77
9 or s. 320.771 upon proof that a licensee has committed, with
10 sufficient frequency so as to establish a pattern of
11 wrongdoing on the part of a licensee, violations of one or
12 more of the following activities:
13 (c) Perpetration of a fraud upon any person as a
14 result of dealing in motor vehicles, including, without
15 limitation, the misrepresentation to any person by the
16 licensee of the licensee's relationship to any manufacturer,
17 importer, or distributor.
18 1.(d) Representation that a demonstrator is a new
19 motor vehicle, or the attempt to sell or the sale of a
20 demonstrator as a new motor vehicle without written notice to
21 the purchaser that the vehicle is a demonstrator. For the
22 purposes of this section, a "demonstrator," a "new motor
23 vehicle," and a "used motor vehicle" shall be defined as under
24 s. 320.60.
25 2.(e) Unjustifiable refusal to comply with a
26 licensee's responsibility under the terms of the new motor
27 vehicle warranty issued by its respective manufacturer,
28 distributor, or importer. However, if such refusal is at the
29 direction of the manufacturer, distributor, or importer, such
30 refusal shall not be a ground under this section.
31 3.(f) Misrepresentation or false, deceptive, or
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SENATE AMENDMENT
Bill No. CS for CS for SB 522, 1st Eng.
Amendment No. ___ Barcode 300680
1 misleading statements with regard to the sale or financing of
2 motor vehicles which any motor vehicle dealer has, or causes
3 to have, advertised, printed, displayed, published,
4 distributed, broadcast, televised, or made in any manner with
5 regard to the sale or financing of motor vehicles.
6 4. Failure by any motor vehicle dealer to provide a
7 customer or purchaser with an odometer disclosure statement
8 and a copy of any bona fide written, executed sales contract
9 or agreement of purchase connected with the purchase of the
10 motor vehicle purchased by the customer or purchaser.
11 5. Failure of any motor vehicle dealer to comply with
12 the terms of any bona fide written, executed agreement,
13 pursuant to the sale of a motor vehicle.
14 6. Failure to apply for transfer of a title as
15 prescribed in s. 319.23(6).
16 7. Use of the dealer license identification number by
17 any person other than the licensed dealer or his or her
18 designee.
19 8. Failure to continually meet the requirements of the
20 licensure law.
21 9. Representation to a customer or any advertisement
22 to the public representing or suggesting that a motor vehicle
23 is a new motor vehicle if such vehicle lawfully cannot be
24 titled in the name of the customer or other member of the
25 public by the seller using a manufacturer's statement of
26 origin as permitted in s. 319.23(1).
27 10.(g) Requirement by any motor vehicle dealer that a
28 customer or purchaser accept equipment on his or her motor
29 vehicle which was not ordered by the customer or purchaser.
30 11.(h) Requirement by any motor vehicle dealer that
31 any customer or purchaser finance a motor vehicle with a
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SENATE AMENDMENT
Bill No. CS for CS for SB 522, 1st Eng.
Amendment No. ___ Barcode 300680
1 specific financial institution or company.
2 (i) Failure by any motor vehicle dealer to provide a
3 customer or purchaser with an odometer disclosure statement
4 and a copy of any bona fide written, executed sales contract
5 or agreement of purchase connected with the purchase of the
6 motor vehicle purchased by the customer or purchaser.
7 (j) Failure of any motor vehicle dealer to comply with
8 the terms of any bona fide written, executed agreement,
9 pursuant to the sale of a motor vehicle.
10 12.(k) Requirement by any the motor vehicle dealer
11 that the purchaser of a motor vehicle contract with the dealer
12 for physical damage insurance.
13 13. Perpetration of a fraud upon any person as a
14 result of dealing in motor vehicles, including, without
15 limitation, the misrepresentation to any person by the
16 licensee of the licensee's relationship to any manufacturer,
17 importer, or distributor.
18 14.(l) Violation of any of the provisions of s. 319.35
19 by any motor vehicle dealer.
20 15. Sale by a motor vehicle dealer of a vehicle
21 offered in trade by a customer prior to consummation of the
22 sale, exchange, or transfer of a newly acquired vehicle to the
23 customer, unless the customer provides written authorization
24 for the sale of the trade-in vehicle prior to delivery of the
25 newly acquired vehicle.
26 16. Willful failure to comply with any administrative
27 rule adopted by the department.
28 17. Violation of chapter 319, this chapter, or ss.
29 559.901-559.9221, which has to do with dealing in or repairing
30 motor vehicles or mobile homes. Additionally, in the case of
31 used motor vehicles, the willful violation of the federal law
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SENATE AMENDMENT
Bill No. CS for CS for SB 522, 1st Eng.
Amendment No. ___ Barcode 300680
1 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining
2 to the consumer sales window form.
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