Senate Bill sb0522

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    Florida Senate - 2002                                   SB 522

    By Senator Sebesta





    20-435A-02

  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 316.003,

  4         F.S.; providing that certain vehicles of the

  5         Department of Health are authorized emergency

  6         vehicles; amending s. 316.2397, F.S.;

  7         authorizing the emergency-response vehicles of

  8         the Department of Health to use red flashing

  9         lights; amending s. 316.520, F.S.; revising

10         penalties for violation of load limits on

11         vehicles; amending s. 319.001, F.S.; revising

12         definitions with respect to component parts of

13         motor vehicles; amending s. 319.14, F.S.;

14         authorizing the Department of Highway Safety

15         and Motor Vehicles to affix a decal on rebuilt

16         motor vehicles; redefining the term "assembled

17         from parts" and eliminating the definition of

18         the term "combined"; providing a penalty for

19         the removal of rebuilt decals; amending s.

20         319.22, F.S.; prohibiting the transfer of title

21         without a purchaser's name; providing a

22         penalty; amending s. 319.30, F.S.; redefining

23         the term "major component part"; providing a

24         penalty for falsely reporting certain

25         information to the Department of Highway Safety

26         and Motor Vehicles; amending s. 319.22, F.S.;

27         prohibiting the transfer of title without a

28         purchaser's name; providing a penalty; amending

29         s. 319.32, F.S.; revising provisions relating

30         to the electronic transfer of funds; amending

31         s. 319.33, F.S.; revising provisions relating

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  1         to state-assigned vehicle identification

  2         numbers; amending s. 320.03, F.S.; revising

  3         provisions relating to the electronic transfer

  4         of funds; amending s. 320.27, F.S.; revising

  5         provisions relating to the denial, suspension,

  6         or revocation of motor vehicle dealer licenses;

  7         amending s. 320.60, F.S.; redefining the term

  8         "motor vehicle"; amending s. 328.73, F.S.;

  9         revising provisions relating to the electronic

10         transfer of funds; amending s. 713.78, F.S.;

11         limiting the number of times a certificate of

12         destruction may be reassigned; authorizing

13         employees of the Department of Highway Safety

14         and Motor Vehicles and law enforcement officers

15         to inspect certain records; providing penalties

16         for failure to maintain or produce certain

17         records; providing an effective date.

18

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

20

21         Section 1.  Subsection (1) of section 316.003, Florida

22  Statutes, is amended to read:

23         316.003  Definitions.--The following words and phrases,

24  when used in this chapter, shall have the meanings

25  respectively ascribed to them in this section, except where

26  the context otherwise requires:

27         (1)  AUTHORIZED EMERGENCY VEHICLES.--Vehicles of the

28  fire department (fire patrol), police vehicles, and such

29  ambulances and emergency vehicles of municipal departments,

30  public service corporations operated by private corporations,

31  the Department of Environmental Protection, the Department of

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  1  Health, and the Department of Transportation as are designated

  2  or authorized by their respective department or the chief of

  3  police of an incorporated city or any sheriff of any of the

  4  various counties.

  5         Section 2.  Subsection (9) of section 316.2397, Florida

  6  Statutes, is amended to read:

  7         316.2397  Certain lights prohibited; exceptions.--

  8         (9)  Flashing red lights may be used by

  9  emergency-response emergency response vehicles of the

10  Department of Environmental Protection and the Department of

11  Health when responding to an emergency in the line of duty.

12         Section 3.  Section 316.520, Florida Statutes, is

13  amended to read:

14         316.520  Loads on vehicles.--

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

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

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

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

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

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

21  or maintaining the roadway.

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

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

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

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

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

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

28  escaping from such vehicle. Covering and securing the load

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

30  required.

31

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

  2  traffic infraction, punishable as a moving nonmoving violation

  3  as provided in chapter 318.

  4         Section 4.  Section 319.001, Florida Statutes, is

  5  amended to read:

  6         319.001  Definitions.--As used in this chapter, the

  7  term:

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

  9  Safety and Motor Vehicles.

10         (2)  "Front-end assembly" refers to the fenders, hood,

11  grill, and bumper.

12         (3)(2)  "Licensed dealer," unless otherwise

13  specifically provided, means a motor vehicle dealer licensed

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

15  320.77, or a recreational vehicle dealer licensed under s.

16  320.771.

17         (4)  "Motorcycle body assembly" refers to the frame,

18  fenders, and gas tanks.

19         (5)  "Motorcycle engine" refers to the cylinder block,

20  heads, engine case, and crank case.

21         (6)  "Motorcycle transmission" refers to the drive

22  train.

23         (7)(3)  "New mobile home" means a mobile home the

24  equitable or legal title to which has never been transferred

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

26  ultimate purchaser.

27         (8)(4)  "New motor vehicle" means a motor vehicle the

28  equitable or legal title to which has never been transferred

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

30  ultimate purchaser; however, when legal title is not

31  transferred but possession of a motor vehicle is transferred

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  1  pursuant to a conditional sales contract or lease and the

  2  conditions are not satisfied and the vehicle is returned to

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

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

  5  selling motor vehicle dealer gives the following written

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

  7  PREVIOUS PURCHASER." The purchaser shall sign an

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

  9  dealer's file.

10         (9)  "Rear body section" refers to both quarter panels

11  and the decklid, bumper, and floor pan.

12         (10)(5)  "Satisfaction of lien" means full payment of a

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

14         (11)(6)  "Used motor vehicle" means any motor vehicle

15  that is not a "new motor vehicle" as defined in subsection

16  (8)(4).

17         Section 5.  Paragraphs (b) and (c) of subsection (1)

18  and subsections (2) and (3) of section 319.14, Florida

19  Statutes, are amended, present subsections (6), (7), and (8)

20  of that section are redesignated as subsections (7), (8), and

21  (9), respectively, and a new subsection (6) is added to that

22  section to read:

23         319.14  Sale of motor vehicles registered or used as

24  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

25  and nonconforming vehicles.--

26         (1)

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

28  exchange a rebuilt vehicle until the department has stamped in

29  a conspicuous place on the certificate of title for the

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

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

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  1  kit, replica, or flood vehicle, unless proper application for

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

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

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

  5  in accordance with this chapter and the department has

  6  conducted the physical examination of the vehicle to assure

  7  the identification identity of the vehicle and all major

  8  component parts, as defined in s. 319.30(1)(e), which have

  9  been repaired or replaced. Thereafter, the department shall

10  affix a decal to the vehicle, in the manner prescribed by the

11  department, showing that the vehicle has been rebuilt.

12         (c)  As used in this section, the term:

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

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

15  law enforcement.

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

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

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

19  months.

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

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

22  person for a period of 12 months or longer.

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

24  vehicles and long-term-lease vehicles.

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

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

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

28  mobile home assembled from parts or combined from parts of

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

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

31

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

  2  loss pursuant to s. 319.30.

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

  4  vehicles neither of which has been titled and branded as

  5  "Salvage Unrebuildable."

  6         5.6.  "Kit car" means a motor vehicle assembled with a

  7  kit supplied by a manufacturer to rebuild a wrecked or

  8  outdated motor vehicle with a new body kit.

  9         6.7.  "Glider kit" means a vehicle assembled with a kit

10  supplied by a manufacturer to rebuild a wrecked or outdated

11  truck or truck tractor.

12         7.8.  "Replica" means a complete new motor vehicle

13  manufactured to look like an old vehicle.

14         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

16  319.30(3)(a) resulting from damage caused by water.

17         9.10.  "Nonconforming vehicle" means a motor vehicle

18  which has been purchased by a manufacturer pursuant to a

19  settlement, determination, or decision under chapter 681.

20         10.11.  "Settlement" means an agreement entered into

21  between a manufacturer and a consumer that occurs after a

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

23  settlement procedure established by a manufacturer or is

24  approved for arbitration before the New Motor Vehicle

25  Arbitration Board as defined in s. 681.102.

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

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

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

29  disclosing in writing to the purchaser, customer, or

30  transferee the fact that the vehicle has previously been

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

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

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

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

  4  as the case may be.

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

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

  7  or intentionally advertises, publishes, disseminates,

  8  circulates, or places before the public in any communications

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

10  exchange the vehicle shall clearly and precisely state in each

11  such offer that the vehicle has previously been titled,

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

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

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

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

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

17  person who violates this subsection is guilty of a misdemeanor

18  of the second degree, punishable as provided in s. 775.082 or

19  s. 775.083.

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

21  rebuilt vehicle with the intent to conceal the rebuilt status

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

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

24         Section 6.  Subsection (5) is added to section 319.22,

25  Florida Statutes, to read:

26         319.22  Transfer of title.--

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

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

29  buyer who knowingly and willfully violates this subsection

30  with intent to commit fraud commits a misdemeanor of the first

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

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  1         Section 7.  Paragraphs (e) and (f) of subsection (1)

  2  and paragraph (b) of subsection (2) and subsections (3), (4),

  3  and (5) of section 319.30, Florida Statutes, are amended to

  4  read:

  5         319.30  Definitions; dismantling, destruction, change

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

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

  8         (e)  "Major component parts" means:

  9         1.  For motor vehicles other than motorcycles: the

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

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

12  door, decklid, bumper), floor pan, door assemblies, engine,

13  frame, transmission, and airbag.

14         2.  For trucks: in addition to those parts listed in

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

16  crane, mixer, cargo box, or any bed that mounts to a truck

17  frame.

18         3.  For motorcycles: the body assembly, frame, fenders,

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

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

21  wheels.

22         4.  For mobile homes: the frame.  the front-end

23  assembly (fenders, hood, grill, and bumper); cowl assembly;

24  rear body section (both quarter panels, decklid, bumper, and

25  floor pan); door assemblies; engine; frame; or transmission.

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

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

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

29  pan).

30         (2)

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

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

  3  accompanied by:

  4         1.  A properly endorsed certificate of title, salvage

  5  certificate of title, or vehicle certificate of destruction

  6  issued by the department; or

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

  8  the department, a notarized affidavit signed by the owner

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

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

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

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

13  personal identification card number of the owner. Any person

14  who willfully and deliberately violates this subparagraph by

15  falsifying a required affidavit commits a felony of the third

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

17  s. 775.084.

18         3.  Any salvage motor vehicle dealer who has a person

19  sign an affidavit that falsely asserts that the vehicle title

20  has been surrendered to the department commits a felony of the

21  third degree, punishable as provided in s. 775.082 or s.

22  775.083.

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

24  mobile home is a "total loss":

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

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

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

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

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

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

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

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

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

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

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

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

  6  quality.

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

  8  including persons who are self-insured, which is considered to

  9  be salvage shall, within 72 hours after the motor vehicle or

10  mobile home becomes salvage, forward the title to the motor

11  vehicle or mobile home to the department for processing.

12  However, an insurance company which pays money as compensation

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

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

15  and, within 72 hours after receiving such certificate of

16  title, shall forward such title to the department for

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

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

19  total loss before it has obtained a salvage certificate of

20  title or certificate of destruction from the department. When

21  applying for a salvage certificate of title or certificate of

22  destruction, the owner or insurance company must provide the

23  department with an estimate of the costs of repairing the

24  physical and mechanical damage suffered by the vehicle for

25  which a salvage certificate of title or certificate of

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

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

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

29  established in any official used car or used mobile home

30  guide, the department shall declare the vehicle unrebuildable

31  and print a certificate of destruction, which authorizes the

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  1  dismantling or destruction of the motor vehicle or mobile home

  2  described therein. This certificate of destruction shall be

  3  reassignable a maximum of two times before dismantling or

  4  destruction of the vehicle shall be required, and shall

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

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

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

  8  thereafter, the department shall refuse issuance of any

  9  certificate of title for that vehicle. Nothing in this

10  subsection shall be applicable when a vehicle is worth less

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

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

13  motor vehicle or mobile home is recovered in substantially

14  intact condition and is readily resalable without extensive

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

16  who willfully and deliberately violates this paragraph or

17  falsifies any document to avoid the requirements of this

18  paragraph commits a misdemeanor of the first degree,

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

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

21  her possession any motor vehicle or mobile home when the

22  manufacturer's or state-assigned identification number plate

23  or serial plate has been removed therefrom. However, nothing

24  in this subsection does not apply shall be applicable when a

25  vehicle defined in this section as a derelict or salvage was

26  purchased or acquired from a foreign state requiring such

27  vehicle's identification number plate to be surrendered to

28  such state, provided that the person has shall have an

29  affidavit from the seller describing the vehicle by

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

31  vehicle's identification number plate was surrendered. This

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  1  subsection does not apply if a certificate of destruction has

  2  been obtained for the vehicle.

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

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

  5  away any certificate of title or manufacturer's or

  6  state-assigned identification number plate or serial plate of

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

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

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

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

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

12  manufacturer's or state-assigned identification number plate

13  or serial plate.

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

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

16  away any manufacturer's or state-assigned identification

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

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

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

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

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

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

23  identification number plate or serial plate.

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

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

26  identification number plate, in the course of performing

27  repairs on a vehicle, that require such removal or

28  replacement.  If the repair requires replacement of a vehicle

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

30  identification number plate, the manufacturer's or

31  state-assigned identification number plate that is assigned to

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  1  the vehicle being repaired will be installed on the

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

  3  identification number plate that was removed from this

  4  replacement part will be installed on the part that was

  5  removed from the vehicle being repaired.

  6         Section 8.  Subsection (6) is added to section 319.32,

  7  Florida Statutes, to read:

  8         319.32  Fees; service charges; disposition.--

  9         (6)  Notwithstanding chapter 116, every county officer

10  within this state who is authorized to collect funds provided

11  for in this chapter shall pay all sums he or she officially

12  receives into the State Treasury within 5 working days from

13  the close of the business day in which the officer received

14  the funds. Payment by county officers to the State of Florida

15  shall be made by means of electronic funds transfer.

16         Section 9.  Subsection (5) of section 319.33, Florida

17  Statutes, is amended to read:

18         319.33  Offenses involving vehicle identification

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

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

21  corporation to knowingly possess, manufacture, sell or

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

23  away any counterfeit manufacturer's or state-assigned

24  identification number plates or serial plates or any decal

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

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

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

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

29  state-assigned identification number plates or serial plates

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

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

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  1  approved replacement manufacturer's identification number

  2  plates or serial plates or any decal issued by the department

  3  or any state.

  4         Section 10.  Subsection (3) of section 320.03, Florida

  5  Statutes, is amended to read:

  6         320.03  Registration; duties of tax collectors;

  7  International Registration Plan.--

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

  9  record and account of all validation stickers, mobile home

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

11  department, or from any other source. Notwithstanding chapter

12  116, every county officer within this state who is authorized

13  to collect funds provided for in this chapter shall pay all

14  sums officially received by him or her into the State Treasury

15  within 5 working days from the close of the business day in

16  which the officer received the funds. Payment by county

17  officers to the State of Florida shall be made by means of

18  electronic funds transfer, and shall make prompt remittance of

19  moneys collected by him or her at such times and in such

20  manner as prescribed by law.

21         Section 11.  Subsection (9) of section 320.27, Florida

22  Statutes, is amended to read:

23         320.27  Motor vehicle dealers.--

24         (9)  DENIAL, SUSPENSION, OR REVOCATION.--The department

25  may deny, suspend, or revoke any license issued hereunder or

26  under the provisions of s. 320.77 or s. 320.771, upon proof

27  that a licensee has failed to comply with any of the following

28  provisions with sufficient frequency so as to establish a

29  pattern of wrongdoing on the part of the licensee:

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

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

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

  2  mobile homes or willful failure to comply with any

  3  administrative rule promulgated by the department.

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

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

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

  7         (b)  Commission of fraud or willful misrepresentation

  8  in application for or in obtaining a license.

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

10  result of dealing in motor vehicles, including, without

11  limitation, the misrepresentation to any person by the

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

13  importer, or distributor.

14         (d)  Representation that a demonstrator is a new motor

15  vehicle, or the attempt to sell or the sale of a demonstrator

16  as a new motor vehicle without written notice to the purchaser

17  that the vehicle is a demonstrator. For the purposes of this

18  section, a "demonstrator," a "new motor vehicle," and a "used

19  motor vehicle" shall be defined as under s. 320.60.

20         (e)  Unjustifiable refusal to comply with a licensee's

21  responsibility under the terms of the new motor vehicle

22  warranty issued by its respective manufacturer, distributor,

23  or importer. However, if such refusal is at the direction of

24  the manufacturer, distributor, or importer, such refusal shall

25  not be a ground under this section.

26         (f)  Misrepresentation or false, deceptive, or

27  misleading statements with regard to the sale or financing of

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

29  to have, advertised, printed, displayed, published,

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

31  regard to the sale or financing of motor vehicles.

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  1         (g)  Requirement by any motor vehicle dealer that a

  2  customer or purchaser accept equipment on his or her motor

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

  4         (h)  Requirement by any motor vehicle dealer that any

  5  customer or purchaser finance a motor vehicle with a specific

  6  financial institution or company.

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

  8  customer or purchaser with an odometer disclosure statement

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

10  or agreement of purchase connected with the purchase of the

11  motor vehicle purchased by the customer or purchaser.

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

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

14  pursuant to the sale of a motor vehicle.

15         (k)  Requirement by the motor vehicle dealer that the

16  purchaser of a motor vehicle contract with the dealer for

17  physical damage insurance.

18         (l)  Violation of any of the provisions of s. 319.35 by

19  any motor vehicle dealer.

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

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

22  report or by investigation by the department.

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

24  prescribed in s. 319.23(6).

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

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

27  designee.

28         (p)  Conviction of a felony.

29         (q)  Failure to continually meet the requirements of

30  the licensure law.

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  1         (r)  When a motor vehicle dealer is convicted of a

  2  crime which results in his or her being prohibited from

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

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

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

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

  7  derive income from the dealership beyond reasonable

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

  9  the business.

10         (s)  Representation to a customer or any advertisement

11  to the general public representing or suggesting that a motor

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

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

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

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

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

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

18  another motor vehicle dealer within 10 days after notification

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

20  violation of this paragraph is sufficient for revocation or

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

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

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

24  suspension shall be commenced until the dispute is resolved.

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

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

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

28  customer, unless the customer provides written authorization

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

30  newly acquired vehicle.

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  1         Section 12.  Subsection (10) of section 320.60, Florida

  2  Statutes, is amended to read:

  3         320.60  Definitions for ss. 320.61-320.70.--Whenever

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

  5  requires, the following words and terms have the following

  6  meanings:

  7         (10)  "Motor vehicle" means any new automobile,

  8  motorcycle, or truck, heavy truck, or bus the equitable or

  9  legal title to which has never been transferred by a

10  manufacturer, distributor, importer, or dealer to an ultimate

11  purchaser; however, when legal title is not transferred but

12  possession of a motor vehicle is transferred pursuant to a

13  conditional sales contract or lease and the conditions are not

14  satisfied and the vehicle is returned to the motor vehicle

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

16  dealer as a new motor vehicle, provided the selling motor

17  vehicle dealer gives the following written notice to the

18  purchaser: "THIS VEHICLE WAS DELIVERED TO A PREVIOUS

19  PURCHASER." The purchaser shall sign an acknowledgment, a copy

20  of which is kept in the selling dealer's file.

21         Section 13.  Subsection (4) is added to section 328.73,

22  Florida Statutes, to read:

23         328.73  Registration; duties of tax collectors.--

24         (4)  Notwithstanding chapter 116, every county officer

25  within this state who is authorized to collect funds provided

26  for in this chapter shall pay all sums officially received by

27  him or her into the State Treasury within 5 working days from

28  the close of the business day in which the officer received

29  the funds. Payment by county officers to the State of Florida

30  shall be made by means of electronic funds transfer.

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  1         Section 14.  Paragraph (a) of subsection (11) and

  2  subsection (12) of section 713.78, Florida Statutes, are

  3  amended to read:

  4         713.78  Liens for recovering, towing, or storing

  5  vehicles and vessels.--

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

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

  8  comes into possession of a vehicle or vessel pursuant to

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

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

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

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

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

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

15  A certificate of destruction, which authorizes the dismantling

16  or destruction of the vehicle or vessel described therein,

17  shall be reassignable a maximum of two times before

18  dismantling or destruction of the vehicle shall be required,

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

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

21  in lieu of a certificate of title. Final dismantling or

22  destruction must occur within 30 days after the second

23  reassignment of the certificate of destruction. The

24  application for a certificate of destruction must include an

25  affidavit from the applicant that it has complied with all

26  applicable requirements of this section and, if the vehicle or

27  vessel is not registered in this state, by a statement from a

28  law enforcement officer that the vehicle or vessel is not

29  reported stolen, and shall be accompanied by such

30  documentation as may be required by the department.

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

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

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

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

  5  775.082 or s. 775.083.

  6         (b)  Any person who violates the provisions of

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

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

  9  775.083, or s. 775.084.

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

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

12  statement in any application or affidavit required under the

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

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

15  s. 775.084.

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

17  Motor Vehicles and law enforcement officers are authorized to

18  inspect the records of any person regularly engaged in the

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

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

21  car carrier, to ensure compliance with the requirements of

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

23  fails to produce records when required in a reasonable manner

24  and at a reasonable time, is guilty of a misdemeanor of the

25  first degree, punishable as provided in s. 775.082 or s.

26  775.083.

27         Section 15.  This act shall take effect upon becoming a

28  law.

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  2                          SENATE SUMMARY

  3    Revises provisions of law administered by the Department
      of Highway Safety and Motor Vehicles. (See bill for
  4    details.)

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