Senate Bill sb0522c2
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    By the Committees on Criminal Justice; Transportation; and
    Senator Sebesta
    307-1781-02
  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; reenacting s. 316.520, F.S., relating
10         to 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  reenacted 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.
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  1         (3)  A violation of this section is a noncriminal
  2  traffic infraction, punishable as a nonmoving violation as
  3  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
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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 decal signifying a
21  rebuilt status from a vehicle with the intent to conceal the
22  rebuilt status of the vehicle commits a felony of the third
23  degree, 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  purchaser 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 or his or her
19  employee who willfully and knowingly induces a person to sign
20  an affidavit that falsely asserts that the vehicle title has
21  been surrendered to the department commits a felony of the
22  third degree, punishable as provided in s. 775.082 or s.
23  775.083.
24         (3)(a)  As used in this section, a motor vehicle or
25  mobile home is a "total loss":
26         1.  When an insurance company pays the vehicle owner to
27  replace the wrecked or damaged vehicle with one of like kind
28  and quality or when an insurance company pays the owner upon
29  the theft of the motor vehicle or mobile home; a motor vehicle
30  or mobile home shall not be considered a "total loss" if the
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  1  insurance company and the owner agree to repair, rather than
  2  to replace, the motor vehicle or mobile home; or
  3         2.  When an uninsured motor vehicle or mobile home is
  4  wrecked or damaged and the cost, at the time of loss, of
  5  repairing or rebuilding the vehicle is 80 percent or more of
  6  the cost to the owner of replacing the wrecked or damaged
  7  motor vehicle or mobile home with one of like kind and
  8  quality.
  9         (b)  The owner of any motor vehicle or mobile home,
10  including persons who are self-insured, which is considered to
11  be salvage shall, within 72 hours after the motor vehicle or
12  mobile home becomes salvage, forward the title to the motor
13  vehicle or mobile home to the department for processing.
14  However, an insurance company which pays money as compensation
15  for total loss of a motor vehicle or mobile home shall obtain
16  the certificate of title for the motor vehicle or mobile home
17  and, within 72 hours after receiving such certificate of
18  title, shall forward such title to the department for
19  processing. The owner or insurance company, as the case may
20  be, may not dispose of a vehicle or mobile home that is a
21  total loss before it has obtained a salvage certificate of
22  title or certificate of destruction from the department. When
23  applying for a salvage certificate of title or certificate of
24  destruction, the owner or insurance company must provide the
25  department with an estimate of the costs of repairing the
26  physical and mechanical damage suffered by the vehicle for
27  which a salvage certificate of title or certificate of
28  destruction is sought. If the estimated costs of repairing the
29  physical and mechanical damage to the vehicle are equal to 80
30  percent or more of the current retail cost of the vehicle, as
31  established in any official used car or used mobile home
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  1  guide, the department shall declare the vehicle unrebuildable
  2  and print a certificate of destruction, which authorizes the
  3  dismantling or destruction of the motor vehicle or mobile home
  4  described therein. This certificate of destruction shall be
  5  reassignable a maximum of two times before dismantling or
  6  destruction of the vehicle shall be required, and shall
  7  accompany the motor vehicle or mobile home for which it is
  8  issued, when such motor vehicle or mobile home is sold for
  9  such purposes, in lieu of a certificate of title, and,
10  thereafter, the department shall refuse issuance of any
11  certificate of title for that vehicle. Nothing in this
12  subsection shall be applicable when a vehicle is worth less
13  than $1,500 retail in undamaged condition in any official used
14  motor vehicle guide or used mobile home guide or when a stolen
15  motor vehicle or mobile home is recovered in substantially
16  intact condition and is readily resalable without extensive
17  repairs to or replacement of the frame or engine. Any person
18  who willfully and deliberately violates this paragraph or
19  falsifies any document to avoid the requirements of this
20  paragraph commits a misdemeanor of the first degree,
21  punishable as provided in s. 775.082 or s. 775.083.
22         (4)  It is unlawful for any person to have in his or
23  her possession any motor vehicle or mobile home when the
24  manufacturer's or state-assigned identification number plate
25  or serial plate has been removed therefrom. However, nothing
26  in this subsection does not apply shall be applicable when a
27  vehicle defined in this section as a derelict or salvage was
28  purchased or acquired from a foreign state requiring such
29  vehicle's identification number plate to be surrendered to
30  such state, provided that the person has shall have an
31  affidavit from the seller describing the vehicle by
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  1  manufacturer's serial number and the state to which such
  2  vehicle's identification number plate was surrendered. This
  3  subsection does not apply if a certificate of destruction has
  4  been obtained for the vehicle.
  5         (5)(a)  It is unlawful for any person to knowingly
  6  possess, sell, or exchange, offer to sell or exchange, or give
  7  away any certificate of title or manufacturer's or
  8  state-assigned identification number plate or serial plate of
  9  any motor vehicle, mobile home, or derelict that has been sold
10  as salvage contrary to the provisions of this section, and it
11  is unlawful for any person to authorize, direct, aid in, or
12  consent to the possession, sale, or exchange or to offer to
13  sell, exchange, or give away such certificate of title or
14  manufacturer's or state-assigned identification number plate
15  or serial plate.
16         (b)  It is unlawful for any person to knowingly
17  possess, sell, or exchange, offer to sell or exchange, or give
18  away any manufacturer's or state-assigned identification
19  number plate or serial plate of any motor vehicle or mobile
20  home that has been removed from the motor vehicle or mobile
21  home for which it was manufactured, and it is unlawful for any
22  person to authorize, direct, aid in, or consent to the
23  possession, sale, or exchange or to offer to sell, exchange,
24  or give away such manufacturer's or state-assigned
25  identification number plate or serial plate.
26         (c)  This chapter does not apply to anyone who removes,
27  possesses, or replaces a manufacturer's or state-assigned
28  identification number plate, in the course of performing
29  repairs on a vehicle, that require such removal or
30  replacement.  If the repair requires replacement of a vehicle
31  part that contains the manufacturer's or state-assigned
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  1  identification number plate, the manufacturer's or
  2  state-assigned identification number plate that is assigned to
  3  the vehicle being repaired will be installed on the
  4  replacement part. The manufacturer's or state-assigned
  5  identification number plate that was removed from this
  6  replacement part will be installed on the part that was
  7  removed from the vehicle being repaired.
  8         Section 8.  Subsection (6) is added to section 319.32,
  9  Florida Statutes, to read:
10         319.32  Fees; service charges; disposition.--
11         (6)  Notwithstanding chapter 116, every county officer
12  within this state who is authorized to collect funds provided
13  for in this chapter shall pay all sums he or she officially
14  receives into the State Treasury within 5 working days from
15  the close of the business day in which the officer received
16  the funds. Payment by county officers to the State of Florida
17  shall be made by means of electronic funds transfer.
18         Section 9.  Subsection (5) of section 319.33, Florida
19  Statutes, is amended to read:
20         319.33  Offenses involving vehicle identification
21  numbers, applications, certificates, papers; penalty.--
22         (5)  It is unlawful for any person, firm, or
23  corporation to knowingly possess, manufacture, sell or
24  exchange, offer to sell or exchange, supply in blank, or give
25  away any counterfeit manufacturer's or state-assigned
26  identification number plates or serial plates or any decal
27  used for the purpose of identification of any motor vehicle;
28  or for any officer, agent, or employee of any person, firm, or
29  corporation, or any person who shall authorize, direct, aid in
30  exchange, or give away such counterfeit manufacturer's or
31  state-assigned identification number plates or serial plates
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  1  or any decal; or conspire to do any of the foregoing.
  2  However, nothing in this subsection shall be applicable to any
  3  approved replacement manufacturer's identification number
  4  plates or serial plates or any decal issued by the department
  5  or any state.
  6         Section 10.  Subsection (3) of section 320.03, Florida
  7  Statutes, is amended to read:
  8         320.03  Registration; duties of tax collectors;
  9  International Registration Plan.--
10         (3)  Each tax collector shall keep a full and complete
11  record and account of all validation stickers, mobile home
12  stickers, or other properties received by him or her from the
13  department, or from any other source. Notwithstanding chapter
14  116, every county officer within this state who is authorized
15  to collect funds provided for in this chapter shall pay all
16  sums officially received by him or her into the State Treasury
17  within 5 working days from the close of the business day in
18  which the officer received the funds. Payment by county
19  officers to the State of Florida shall be made by means of
20  electronic funds transfer, and shall make prompt remittance of
21  moneys collected by him or her at such times and in such
22  manner as prescribed by law.
23         Section 11.  Subsection (9) of section 320.27, Florida
24  Statutes, is amended to read:
25         320.27  Motor vehicle dealers.--
26         (9)  DENIAL, SUSPENSION, OR REVOCATION.--
27         (a)  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 any of
30  the following activities failed to comply with any of the
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  1  following provisions with sufficient frequency so as to
  2  establish a pattern of wrongdoing on the part of the licensee:
  3         1.(a)  Willful violation of any other law of this
  4  state, including chapter 319, this chapter, or ss.
  5  559.901-559.9221, which has to do with dealing in or repairing
  6  motor vehicles or mobile homes or willful failure to comply
  7  with any administrative rule promulgated by the department.
  8  Additionally, in the case of used motor vehicles, the willful
  9  violation of the federal law and rule in 15 U.S.C. s. 2304, 16
10  C.F.R. part 455, pertaining to the consumer sales window form.
11         2.(b)  Commission of fraud or willful misrepresentation
12  in application for or in obtaining a license.
13         3.  Conviction of a felony.
14         4.  Failure to honor a bank draft or check given to a
15  motor vehicle dealer for the purchase of a motor vehicle by
16  another motor vehicle dealer within 10 days after notification
17  that the bank draft or check has been dishonored. If the
18  transaction is disputed, the maker of the bank draft or check
19  shall post a bond in accordance with the provisions of s.
20  559.917, and no proceeding for revocation or suspension shall
21  be commenced until the dispute is resolved.
22         (b)  The department may deny, suspend, or revoke any
23  license issued hereunder or under the provisions of s. 320.77
24  or s. 320.771 upon proof that a licensee has committed, with
25  sufficient frequency so as to establish a pattern of
26  wrongdoing on the part of a licensee, violations of one or
27  more of the following activities:
28         (c)  Perpetration of a fraud upon any person as a
29  result of dealing in motor vehicles, including, without
30  limitation, the misrepresentation to any person by the
31
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  1  licensee of the licensee's relationship to any manufacturer,
  2  importer, or distributor.
  3         1.(d)  Representation that a demonstrator is a new
  4  motor vehicle, or the attempt to sell or the sale of a
  5  demonstrator as a new motor vehicle without written notice to
  6  the purchaser that the vehicle is a demonstrator. For the
  7  purposes of this section, a "demonstrator," a "new motor
  8  vehicle," and a "used motor vehicle" shall be defined as under
  9  s. 320.60.
10         2.(e)  Unjustifiable refusal to comply with a
11  licensee's responsibility under the terms of the new motor
12  vehicle warranty issued by its respective manufacturer,
13  distributor, or importer. However, if such refusal is at the
14  direction of the manufacturer, distributor, or importer, such
15  refusal shall not be a ground under this section.
16         3.(f)  Misrepresentation or false, deceptive, or
17  misleading statements with regard to the sale or financing of
18  motor vehicles which any motor vehicle dealer has, or causes
19  to have, advertised, printed, displayed, published,
20  distributed, broadcast, televised, or made in any manner with
21  regard to the sale or financing of motor vehicles.
22         4.  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         5.  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         6.  Failure to apply for transfer of a title as
31  prescribed in s. 319.23(6).
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  1         7.  Use of the dealer license identification number by
  2  any person other than the licensed dealer or his or her
  3  designee.
  4         8.  Failure to continually meet the requirements of the
  5  licensure law.
  6         9.  Representation to a customer or any advertisement
  7  to the public representing or suggesting that a motor vehicle
  8  is a new motor vehicle if such vehicle lawfully cannot be
  9  titled in the name of the customer or other member of the
10  public by the seller using a manufacturer's statement of
11  origin as permitted in s. 319.23(1).
12         10.(g)  Requirement by any motor vehicle dealer that a
13  customer or purchaser accept equipment on his or her motor
14  vehicle which was not ordered by the customer or purchaser.
15         11.(h)  Requirement by any motor vehicle dealer that
16  any customer or purchaser finance a motor vehicle with a
17  specific financial institution or company.
18         (i)  Failure by any motor vehicle dealer to provide a
19  customer or purchaser with an odometer disclosure statement
20  and a copy of any bona fide written, executed sales contract
21  or agreement of purchase connected with the purchase of the
22  motor vehicle purchased by the customer or purchaser.
23         (j)  Failure of any motor vehicle dealer to comply with
24  the terms of any bona fide written, executed agreement,
25  pursuant to the sale of a motor vehicle.
26         12.(k)  Requirement by any the motor vehicle dealer
27  that the purchaser of a motor vehicle contract with the dealer
28  for physical damage insurance.
29         13.  Perpetration of a fraud upon any person as a
30  result of dealing in motor vehicles, including, without
31  limitation, the misrepresentation to any person by the
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  1  licensee of the licensee's relationship to any manufacturer,
  2  importer, or distributor.
  3         14.(l)  Violation of any of the provisions of s. 319.35
  4  by any motor vehicle dealer.
  5         15.  Sale by a motor vehicle dealer of a vehicle
  6  offered in trade by a customer prior to consummation of the
  7  sale, exchange, or transfer of a newly acquired vehicle to the
  8  customer, unless the customer provides written authorization
  9  for the sale of the trade-in vehicle prior to delivery of the
10  newly acquired vehicle.
11         16.  Willful failure to comply with any administrative
12  rule adopted by the department.
13         (m)  Either a history of bad credit or an unfavorable
14  credit rating as revealed by the applicant's official credit
15  report or by investigation by the department.
16         (n)  Failure to apply for transfer of a title as
17  prescribed in s. 319.23(6).
18         (o)  Use of the dealer license identification number by
19  any person other than the licensed dealer or his or her
20  designee.
21         (p)  Conviction of a felony.
22         (q)  Failure to continually meet the requirements of
23  the licensure law.
24         (c)(r)  When a motor vehicle dealer is convicted of a
25  crime which results in his or her being prohibited from
26  continuing in that capacity, the dealer may not continue in
27  any capacity within the industry.  The offender shall have no
28  financial interest, management, sales, or other role in the
29  operation of a dealership.  Further, the offender may not
30  derive income from the dealership beyond reasonable
31
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  1  compensation for the sale of his or her ownership interest in
  2  the business.
  3         (s)  Representation to a customer or any advertisement
  4  to the general public representing or suggesting that a motor
  5  vehicle is a new motor vehicle if such vehicle lawfully cannot
  6  be titled in the name of the customer or other member of the
  7  general public by the seller using a manufacturer's statement
  8  of origin as permitted in s. 319.23(1).
  9         (t)  Failure to honor a bank draft or check given to a
10  motor vehicle dealer for the purchase of a motor vehicle by
11  another motor vehicle dealer within 10 days after notification
12  that the bank draft or check has been dishonored. A single
13  violation of this paragraph is sufficient for revocation or
14  suspension. If the transaction is disputed, the maker of the
15  bank draft or check shall post a bond in accordance with the
16  provisions of s. 559.917, and no proceeding for revocation or
17  suspension shall be commenced until the dispute is resolved.
18         (u)  Sale by a motor vehicle dealer of a vehicle
19  offered in trade by a customer prior to consummation of the
20  sale, exchange, or transfer of a newly acquired vehicle to the
21  customer, unless the customer provides written authorization
22  for the sale of the trade-in vehicle prior to delivery of the
23  newly acquired vehicle.
24         Section 12.  Subsection (10) of section 320.60, Florida
25  Statutes, is amended to read:
26         320.60  Definitions for ss. 320.61-320.70.--Whenever
27  used in ss. 320.61-320.70, unless the context otherwise
28  requires, the following words and terms have the following
29  meanings:
30         (10)  "Motor vehicle" means any new automobile,
31  motorcycle, or truck, heavy truck, or bus as defined in s.
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  1  316.003, the equitable or legal title to which has never been
  2  transferred by a manufacturer, distributor, importer, or
  3  dealer to an ultimate purchaser; however, when legal title is
  4  not transferred but possession of a motor vehicle is
  5  transferred pursuant to a conditional sales contract or lease
  6  and the conditions are not satisfied and the vehicle is
  7  returned to the motor vehicle dealer, the motor vehicle may be
  8  resold by the motor vehicle dealer as a new motor vehicle,
  9  provided the selling motor vehicle dealer gives the following
10  written notice to the purchaser: "THIS VEHICLE WAS DELIVERED
11  TO A PREVIOUS PURCHASER." The purchaser shall sign an
12  acknowledgment, a copy of which is kept in the selling
13  dealer's file.
14         Section 13.  Subsection (4) is added to section 328.73,
15  Florida Statutes, to read:
16         328.73  Registration; duties of tax collectors.--
17         (4)  Notwithstanding chapter 116, every county officer
18  within this state who is authorized to collect funds provided
19  for in this chapter shall pay all sums officially received by
20  him or her into the State Treasury within 5 working days from
21  the close of the business day in which the officer received
22  the funds. Payment by county officers to the State of Florida
23  shall be made by means of electronic funds transfer.
24         Section 14.  Paragraph (a) of subsection (11) and
25  subsection (12) of section 713.78, Florida Statutes, are
26  amended to read:
27         713.78  Liens for recovering, towing, or storing
28  vehicles and vessels.--
29         (11)(a)  Any person regularly engaged in the business
30  of recovering, towing, or storing vehicles or vessels who
31  comes into possession of a vehicle or vessel pursuant to
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  1  subsection (2) and who has complied with the provisions of
  2  subsections (3) and (6), when such vehicle or vessel is to be
  3  sold for purposes of being dismantled, destroyed, or changed
  4  in such manner that it is not the motor vehicle, vessel, or
  5  mobile home described in the certificate of title, shall apply
  6  to the county tax collector for a certificate of destruction.
  7  A certificate of destruction, which authorizes the dismantling
  8  or destruction of the vehicle or vessel described therein,
  9  shall be reassignable a maximum of two times before
10  dismantling or destruction of the vehicle shall be required,
11  and shall accompany the vehicle or vessel for which it is
12  issued, when such vehicle or vessel is sold for such purposes,
13  in lieu of a certificate of title. Final dismantling or
14  destruction must occur within 30 days after the second
15  reassignment of the certificate of destruction. The
16  application for a certificate of destruction must include an
17  affidavit from the applicant that it has complied with all
18  applicable requirements of this section and, if the vehicle or
19  vessel is not registered in this state, by a statement from a
20  law enforcement officer that the vehicle or vessel is not
21  reported stolen, and shall be accompanied by such
22  documentation as may be required by the department.
23         (12)(a)  Any person who violates any provision of
24  subsection (1), subsection (2), subsection (4), subsection
25  (5), subsection (6), or subsection (7) is guilty of a
26  misdemeanor of the first degree, punishable as provided in s.
27  775.082 or s. 775.083.
28         (b)  Any person who violates the provisions of
29  subsections (8) through (11) is guilty of a felony of the
30  third degree, punishable as provided in s. 775.082, s.
31  775.083, or s. 775.084.
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  1         (c)  Any person who uses a false or fictitious name,
  2  gives a false or fictitious address, or makes any false
  3  statement in any application or affidavit required under the
  4  provisions of this section is guilty of a felony of the third
  5  degree, punishable as provided in s. 775.082, s. 775.083, or
  6  s. 775.084.
  7         (d)  Employees of the Department of Highway Safety and
  8  Motor Vehicles and law enforcement officers are authorized to
  9  inspect the records of any person regularly engaged in the
10  business of recovering, towing, or storing vehicles or vessels
11  or transporting vehicles or vessels by wrecker, tow truck, or
12  car carrier, to ensure compliance with the requirements of
13  this section. Any person who fails to maintain records, or
14  fails to produce records when requested in a reasonable manner
15  and at a reasonable time, is guilty of a misdemeanor of the
16  first degree, punishable as provided in s. 775.082 or s.
17  775.083.
18         Section 15.  This act shall take effect upon becoming a
19  law.
20
21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                      CS for Senate Bill 522
23
24  -     Includes a salvage motor vehicle dealer's employees as
          among those who could be prosecuted for a third degree
25        felony for inducing a person to sign a false affidavit
          alleging that a vehicle title has been surrendered to
26        the DHSMV.
27  -     Provides that certain one-time law violations, rather
          than a pattern of wrong-doing, may result in
28        administrative action by the DHSMV against a motor
          vehicle dealer.
29
30
31
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