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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 522, 1st Eng.

    Amendment No. ___   Barcode 901210

                            CHAMBER ACTION
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11  Senator Sebesta moved the following amendment:

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13         Senate Amendment 

14         On page 16, line 30, through

15            page 20, line 8, delete those lines

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17  and insert:

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

19  in application for or in obtaining a license.

20         2.  Conviction of a felony.

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

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

23  another motor vehicle dealer within 10 days after notification

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

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

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

27  559.917, and no proceeding for revocation or suspension shall

28  be commenced until the dispute is resolved.

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

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

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 522, 1st Eng.

    Amendment No. ___   Barcode 901210





  1  sufficient frequency so as to establish a pattern of

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

  3  more of the following activities:

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

  5  result of dealing in motor vehicles, including, without

  6  limitation, the misrepresentation to any person by the

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

  8  importer, or distributor.

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

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

11  demonstrator as a new motor vehicle without written notice to

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

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

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

15  s. 320.60.

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

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

18  vehicle warranty issued by its respective manufacturer,

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

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

21  refusal shall not be a ground under this section.

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

23  misleading statements with regard to the sale or financing of

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

25  to have, advertised, printed, displayed, published,

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

27  regard to the sale or financing of motor vehicles.

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

29  customer or purchaser with an odometer disclosure statement

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

31  or agreement of purchase connected with the purchase of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 522, 1st Eng.

    Amendment No. ___   Barcode 901210





  1  motor vehicle purchased by the customer or purchaser.

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

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

  4  pursuant to the sale of a motor vehicle.

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

  6  prescribed in s. 319.23(6).

  7         7.  Use of the dealer license identification number by

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

  9  designee.

10         8.  Failure to continually meet the requirements of the

11  licensure law.

12         9.  Representation to a customer or any advertisement

13  to the public representing or suggesting that a motor vehicle

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

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

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

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

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

19  customer or purchaser accept equipment on his or her motor

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

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

22  any customer or purchaser finance a motor vehicle with a

23  specific financial institution or company.

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

25  customer or purchaser with an odometer disclosure statement

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

27  or agreement of purchase connected with the purchase of the

28  motor vehicle purchased by the customer or purchaser.

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

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

31  pursuant to the sale of a motor vehicle.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 522, 1st Eng.

    Amendment No. ___   Barcode 901210





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

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

  3  for physical damage insurance.

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

  5  result of dealing in motor vehicles, including, without

  6  limitation, the misrepresentation to any person by the

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

  8  importer, or distributor.

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

10  by any motor vehicle dealer.

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

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

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

14  customer, unless the customer provides written authorization

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

16  newly acquired vehicle.

17         16.  Willful failure to comply with any administrative

18  rule adopted by the department.

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

20  559.901-559.9221, which has to do with dealing in or repairing

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

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

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

24  to the consumer sales window form.

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