Senate Bill sb0522e1

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




    CS for CS for SB 522                           First Engrossed



  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. 318.1451, F.S.; revising

12         provisions governing driver improvement

13         schools; amending s. 319.001, F.S.; revising

14         definitions with respect to component parts of

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

16         authorizing the Department of Highway Safety

17         and Motor Vehicles to affix a decal on rebuilt

18         motor vehicles; redefining the term "assembled

19         from parts" and eliminating the definition of

20         the term "combined"; providing a penalty for

21         the removal of rebuilt decals; amending s.

22         319.22, F.S.; prohibiting the transfer of title

23         without a purchaser's name; providing a

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

25         the term "major component part"; providing a

26         penalty for falsely reporting certain

27         information to the Department of Highway Safety

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

29         prohibiting the transfer of title without a

30         purchaser's name; providing a penalty; amending

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


                                  1

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






    CS for CS for SB 522                           First Engrossed



  1         to the electronic transfer of funds; amending

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

  3         to state-assigned vehicle identification

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

  5         provisions relating to the electronic transfer

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

  7         provisions relating to the denial, suspension,

  8         or revocation of motor vehicle dealer licenses;

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

10         "motor vehicle"; amending s. 322.095, F.S.;

11         revising provisions governing traffic law and

12         substance abuse education courses; amending s.

13         328.73, F.S.; revising provisions relating to

14         the electronic transfer of funds; amending s.

15         713.78, F.S.; limiting the number of times a

16         certificate of destruction may be reassigned;

17         authorizing employees of the Department of

18         Highway Safety and Motor Vehicles and law

19         enforcement officers to inspect certain

20         records; providing penalties for failure to

21         maintain or produce certain records; providing

22         an effective date.

23

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

25

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

27  Statutes, is amended to read:

28         316.003  Definitions.--The following words and phrases,

29  when used in this chapter, shall have the meanings

30  respectively ascribed to them in this section, except where

31  the context otherwise requires:


                                  2

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






    CS for CS for SB 522                           First Engrossed



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

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

  3  ambulances and emergency vehicles of municipal departments,

  4  public service corporations operated by private corporations,

  5  the Department of Environmental Protection, the Department of

  6  Health, and the Department of Transportation as are designated

  7  or authorized by their respective department or the chief of

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

  9  various counties.

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

11  Statutes, is amended to read:

12         316.2397  Certain lights prohibited; exceptions.--

13         (9)  Flashing red lights may be used by

14  emergency-response emergency response vehicles of the

15  Department of Environmental Protection and the Department of

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

17         Section 3.  Section 316.520, Florida Statutes, is

18  reenacted to read:

19         316.520  Loads on vehicles.--

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

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

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

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

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

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

26  or maintaining the roadway.

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

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

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

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

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


                                  3

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






    CS for CS for SB 522                           First Engrossed



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

  2  escaping from such vehicle. Covering and securing the load

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

  4  required.

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

  6  traffic infraction, punishable as a nonmoving violation as

  7  provided in chapter 318.

  8         Section 4.  Subsection (5) of section 318.1451, Florida

  9  Statutes, is amended to read:

10         318.1451  Driver improvement schools.--

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

12  issue, or maintain any information or orders regarding driver

13  improvement schools or course providers, with the exception of

14  directing inquiries or requests to the local telephone

15  directory heading of driving instruction or the traffic school

16  reference guide. However, The department is authorized to

17  maintain the information and records necessary to administer

18  its duties and responsibilities for driver improvement

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

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

21  request pursuant to s. 119.07(1).

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

23  governmental entity to distribute a traffic school reference

24  guide which lists shall list the benefits of attending a

25  driver improvement school and contains the names of the fully

26  approved course providers with a single telephone number for

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

28  circumstance may any list of course providers or schools be

29  included, and shall refer further inquiries to the telephone

30  directory under driving instruction.

31


                                  4

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






    CS for CS for SB 522                           First Engrossed



  1         Section 5.  Section 319.001, Florida Statutes, is

  2  amended to read:

  3         319.001  Definitions.--As used in this chapter, the

  4  term:

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

  6  Safety and Motor Vehicles.

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

  8  grill, and bumper.

  9         (3)(2)  "Licensed dealer," unless otherwise

10  specifically provided, means a motor vehicle dealer licensed

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

12  320.77, or a recreational vehicle dealer licensed under s.

13  320.771.

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

15  fenders, and gas tanks.

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

17  heads, engine case, and crank case.

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

19  train.

20         (7)(3)  "New mobile home" means a mobile home the

21  equitable or legal title to which has never been transferred

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

23  ultimate purchaser.

24         (8)(4)  "New motor vehicle" means a motor vehicle the

25  equitable or legal title to which has never been transferred

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

27  ultimate purchaser; however, when legal title is not

28  transferred but possession of a motor vehicle is transferred

29  pursuant to a conditional sales contract or lease and the

30  conditions are not satisfied and the vehicle is returned to

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


                                  5

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






    CS for CS for SB 522                           First Engrossed



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

  2  selling motor vehicle dealer gives the following written

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

  4  PREVIOUS PURCHASER." The purchaser shall sign an

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

  6  dealer's file.

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

  8  and the decklid, bumper, and floor pan.

  9         (10)(5)  "Satisfaction of lien" means full payment of a

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

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

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

13  (8)(4).

14         Section 6.  Paragraphs (b) and (c) of subsection (1)

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

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

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

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

19  section to read:

20         319.14  Sale of motor vehicles registered or used as

21  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles

22  and nonconforming vehicles.--

23         (1)

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

25  exchange a rebuilt vehicle until the department has stamped in

26  a conspicuous place on the certificate of title for the

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

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

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

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

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


                                  6

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






    CS for CS for SB 522                           First Engrossed



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

  2  in accordance with this chapter and the department has

  3  conducted the physical examination of the vehicle to assure

  4  the identification identity of the vehicle and all major

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

  6  been repaired or replaced. Thereafter, the department shall

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

  8  department, showing that the vehicle has been rebuilt.

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

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

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

12  law enforcement.

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

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

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

16  months.

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

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

19  person for a period of 12 months or longer.

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

21  vehicles and long-term-lease vehicles.

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

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

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

25  mobile home assembled from parts or combined from parts of

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

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

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

29  loss pursuant to s. 319.30.

30

31


                                  7

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






    CS for CS for SB 522                           First Engrossed



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

  2  vehicles neither of which has been titled and branded as

  3  "Salvage Unrebuildable."

  4         5.6.  "Kit car" means a motor vehicle assembled with a

  5  kit supplied by a manufacturer to rebuild a wrecked or

  6  outdated motor vehicle with a new body kit.

  7         6.7.  "Glider kit" means a vehicle assembled with a kit

  8  supplied by a manufacturer to rebuild a wrecked or outdated

  9  truck or truck tractor.

10         7.8.  "Replica" means a complete new motor vehicle

11  manufactured to look like an old vehicle.

12         8.9.  "Flood vehicle" means a motor vehicle or mobile

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

14  319.30(3)(a) resulting from damage caused by water.

15         9.10.  "Nonconforming vehicle" means a motor vehicle

16  which has been purchased by a manufacturer pursuant to a

17  settlement, determination, or decision under chapter 681.

18         10.11.  "Settlement" means an agreement entered into

19  between a manufacturer and a consumer that occurs after a

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

21  settlement procedure established by a manufacturer or is

22  approved for arbitration before the New Motor Vehicle

23  Arbitration Board as defined in s. 681.102.

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

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

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

27  disclosing in writing to the purchaser, customer, or

28  transferee the fact that the vehicle has previously been

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

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

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


                                  8

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






    CS for CS for SB 522                           First Engrossed



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

  2  as the case may be.

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

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

  5  or intentionally advertises, publishes, disseminates,

  6  circulates, or places before the public in any communications

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

  8  exchange the vehicle shall clearly and precisely state in each

  9  such offer that the vehicle has previously been titled,

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

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

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

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

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

15  person who violates this subsection is guilty of a misdemeanor

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

17  s. 775.083.

18         (6)  Any person who removes a decal signifying a

19  rebuilt status from a vehicle with the intent to conceal the

20  rebuilt status of the vehicle commits a felony of the third

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

22         Section 7.  Subsection (5) is added to section 319.22,

23  Florida Statutes, to read:

24         319.22  Transfer of title.--

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

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

27  purchaser who knowingly and willfully violates this subsection

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

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

30         Section 8.  Paragraphs (e) and (f) of subsection (1)

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


                                  9

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






    CS for CS for SB 522                           First Engrossed



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

  2  read:

  3         319.30  Definitions; dismantling, destruction, change

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

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

  6         (e)  "Major component parts" means:

  7         1.  For motor vehicles other than motorcycles: the

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

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

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

11  frame, transmission, and airbag.

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

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

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

15  frame.

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

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

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

19  wheels.

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

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

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

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

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

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

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

27  pan).

28         (2)

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

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

31  accompanied by:


                                  10

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






    CS for CS for SB 522                           First Engrossed



  1         1.  A properly endorsed certificate of title, salvage

  2  certificate of title, or vehicle certificate of destruction

  3  issued by the department; or

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

  5  the department, a notarized affidavit signed by the owner

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

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

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

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

10  personal identification card number of the owner. Any person

11  who willfully and deliberately violates this subparagraph by

12  falsifying a required affidavit commits a felony of the third

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

14  s. 775.084.

15         3.  Anyone who willfully and knowingly induces a person

16  to sign an affidavit that falsely asserts that the vehicle

17  title has been surrendered to the department commits a felony

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

19  s. 775.083.

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

21  mobile home is a "total loss":

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

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

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

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

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

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

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

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

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

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


                                  11

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






    CS for CS for SB 522                           First Engrossed



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

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

  3  quality.

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

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

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

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

  8  vehicle or mobile home to the department for processing.

  9  However, an insurance company which pays money as compensation

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

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

12  and, within 72 hours after receiving such certificate of

13  title, shall forward such title to the department for

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

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

16  total loss before it has obtained a salvage certificate of

17  title or certificate of destruction from the department. When

18  applying for a salvage certificate of title or certificate of

19  destruction, the owner or insurance company must provide the

20  department with an estimate of the costs of repairing the

21  physical and mechanical damage suffered by the vehicle for

22  which a salvage certificate of title or certificate of

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

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

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

26  established in any official used car or used mobile home

27  guide, the department shall declare the vehicle unrebuildable

28  and print a certificate of destruction, which authorizes the

29  dismantling or destruction of the motor vehicle or mobile home

30  described therein. This certificate of destruction shall be

31  reassignable a maximum of two times before dismantling or


                                  12

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






    CS for CS for SB 522                           First Engrossed



  1  destruction of the vehicle shall be required, and shall

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

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

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

  5  thereafter, the department shall refuse issuance of any

  6  certificate of title for that vehicle. Nothing in this

  7  subsection shall be applicable when a vehicle is worth less

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

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

10  motor vehicle or mobile home is recovered in substantially

11  intact condition and is readily resalable without extensive

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

13  who willfully and deliberately violates this paragraph or

14  falsifies any document to avoid the requirements of this

15  paragraph commits a misdemeanor of the first degree,

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

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

18  her possession any motor vehicle or mobile home when the

19  manufacturer's or state-assigned identification number plate

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

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

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

23  purchased or acquired from a foreign state requiring such

24  vehicle's identification number plate to be surrendered to

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

26  affidavit from the seller describing the vehicle by

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

28  vehicle's identification number plate was surrendered. This

29  subsection does not apply if a certificate of destruction has

30  been obtained for the vehicle.

31


                                  13

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






    CS for CS for SB 522                           First Engrossed



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

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

  3  away any certificate of title or manufacturer's or

  4  state-assigned identification number plate or serial plate of

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

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

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

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

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

10  manufacturer's or state-assigned identification number plate

11  or serial plate.

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

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

14  away any manufacturer's or state-assigned identification

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

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

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

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

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

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

21  identification number plate or serial plate.

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

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

24  identification number plate, in the course of performing

25  repairs on a vehicle, that require such removal or

26  replacement.  If the repair requires replacement of a vehicle

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

28  identification number plate, the manufacturer's or

29  state-assigned identification number plate that is assigned to

30  the vehicle being repaired will be installed on the

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


                                  14

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






    CS for CS for SB 522                           First Engrossed



  1  identification number plate that was removed from this

  2  replacement part will be installed on the part that was

  3  removed from the vehicle being repaired.

  4         Section 9.  Subsection (6) is added to section 319.32,

  5  Florida Statutes, to read:

  6         319.32  Fees; service charges; disposition.--

  7         (6)  Notwithstanding chapter 116, every county officer

  8  within this state who is authorized to collect funds provided

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

10  receives into the State Treasury within 5 working days from

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

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

13  shall be made by means of electronic funds transfer.

14         Section 10.  Subsection (5) of section 319.33, Florida

15  Statutes, is amended to read:

16         319.33  Offenses involving vehicle identification

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

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

19  corporation to knowingly possess, manufacture, sell or

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

21  away any counterfeit manufacturer's or state-assigned

22  identification number plates or serial plates or any decal

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

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

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

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

27  state-assigned identification number plates or serial plates

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

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

30  approved replacement manufacturer's identification number

31


                                  15

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






    CS for CS for SB 522                           First Engrossed



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

  2  or any state.

  3         Section 11.  Subsection (3) of section 320.03, Florida

  4  Statutes, is amended to read:

  5         320.03  Registration; duties of tax collectors;

  6  International Registration Plan.--

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

  8  record and account of all validation stickers, mobile home

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

10  department, or from any other source. Notwithstanding chapter

11  116, every county officer within this state who is authorized

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

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

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

15  which the officer received the funds. Payment by county

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

17  electronic funds transfer, and shall make prompt remittance of

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

19  manner as prescribed by law.

20         Section 12.  Subsection (9) of section 320.27, Florida

21  Statutes, is amended to read:

22         320.27  Motor vehicle dealers.--

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

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

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

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

27  the following activities failed to comply with any of the

28  following provisions with sufficient frequency so as to

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

30         1.(a)  Willful violation of any other law of this

31  state, including chapter 319, this chapter, or ss.


                                  16

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






    CS for CS for SB 522                           First Engrossed



  1  559.901-559.9221, which has to do with dealing in or repairing

  2  motor vehicles or mobile homes or willful failure to comply

  3  with any 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         2.(b)  Commission of fraud or willful misrepresentation

  8  in application for or in obtaining a license.

  9         3.  Conviction of a felony.

10         4.  Failure to honor a bank draft or check given to a

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

12  another motor vehicle dealer within 10 days after notification

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

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

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

16  559.917, and no proceeding for revocation or suspension shall

17  be commenced until the dispute is resolved.

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

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

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

21  sufficient frequency so as to establish a pattern of

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

23  more of the following activities:

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

25  result of dealing in motor vehicles, including, without

26  limitation, the misrepresentation to any person by the

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

28  importer, or distributor.

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

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

31  demonstrator as a new motor vehicle without written notice to


                                  17

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






    CS for CS for SB 522                           First Engrossed



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

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

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

  4  s. 320.60.

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

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

  7  vehicle warranty issued by its respective manufacturer,

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

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

10  refusal shall not be a ground under this section.

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

12  misleading statements with regard to the sale or financing of

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

14  to have, advertised, printed, displayed, published,

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

16  regard to the sale or financing of motor vehicles.

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

18  customer or purchaser with an odometer disclosure statement

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

20  or agreement of purchase connected with the purchase of the

21  motor vehicle purchased by the customer or purchaser.

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

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

24  pursuant to the sale of a motor vehicle.

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

26  prescribed in s. 319.23(6).

27         7.  Use of the dealer license identification number by

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

29  designee.

30         8.  Failure to continually meet the requirements of the

31  licensure law.


                                  18

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






    CS for CS for SB 522                           First Engrossed



  1         9.  Representation to a customer or any advertisement

  2  to the public representing or suggesting that a motor vehicle

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

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

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

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

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

  8  customer or purchaser accept equipment on his or her motor

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

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

11  any customer or purchaser finance a motor vehicle with a

12  specific financial institution or company.

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

14  customer or purchaser with an odometer disclosure statement

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

16  or agreement of purchase connected with the purchase of the

17  motor vehicle purchased by the customer or purchaser.

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

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

20  pursuant to the sale of a motor vehicle.

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

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

23  for physical damage insurance.

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

25  result of dealing in motor vehicles, including, without

26  limitation, the misrepresentation to any person by the

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

28  importer, or distributor.

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

30  by any motor vehicle dealer.

31


                                  19

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






    CS for CS for SB 522                           First Engrossed



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

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

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

  4  customer, unless the customer provides written authorization

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

  6  newly acquired vehicle.

  7         16.  Willful failure to comply with any administrative

  8  rule adopted by the department.

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

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

11  report or by investigation by the department.

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

13  prescribed in s. 319.23(6).

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

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

16  designee.

17         (p)  Conviction of a felony.

18         (q)  Failure to continually meet the requirements of

19  the licensure law.

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

21  crime which results in his or her being prohibited from

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

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

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

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

26  derive income from the dealership beyond reasonable

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

28  the business.

29         (s)  Representation to a customer or any advertisement

30  to the general public representing or suggesting that a motor

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


                                  20

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






    CS for CS for SB 522                           First Engrossed



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

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

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

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

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

  6  another motor vehicle dealer within 10 days after notification

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

  8  violation of this paragraph is sufficient for revocation or

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

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

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

12  suspension shall be commenced until the dispute is resolved.

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

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

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

16  customer, unless the customer provides written authorization

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

18  newly acquired vehicle.

19         Section 13.  Subsection (10) of section 320.60, Florida

20  Statutes, is amended to read:

21         320.60  Definitions for ss. 320.61-320.70.--Whenever

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

23  requires, the following words and terms have the following

24  meanings:

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

26  motorcycle, or truck, heavy truck, or bus as defined in s.

27  316.003, the equitable or legal title to which has never been

28  transferred by a manufacturer, distributor, importer, or

29  dealer to an ultimate purchaser; however, when legal title is

30  not transferred but possession of a motor vehicle is

31  transferred pursuant to a conditional sales contract or lease


                                  21

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






    CS for CS for SB 522                           First Engrossed



  1  and the conditions are not satisfied and the vehicle is

  2  returned to the motor vehicle dealer, the motor vehicle may be

  3  resold by the motor vehicle dealer as a new motor vehicle,

  4  provided the selling motor vehicle dealer gives the following

  5  written notice to the purchaser: "THIS VEHICLE WAS DELIVERED

  6  TO A PREVIOUS PURCHASER." The purchaser shall sign an

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

  8  dealer's file.

  9         Section 14.  Subsection (7) of section 322.095, Florida

10  Statutes, is amended to read:

11         322.095  Traffic law and substance abuse education

12  program for driver's license applicants.--

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

14  issue, or maintain any information or orders regarding traffic

15  law and substance abuse education program schools or course

16  providers, with the exception of directing inquiries or

17  requests to the local telephone directory heading of driving

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

19  However, The department is authorized to maintain the

20  information and records necessary to administer its duties and

21  responsibilities for the program. Where such information is a

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

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

24  The department shall approve and regulate courses that use

25  technology as the delivery method of all traffic law and

26  substance abuse education courses as the courses relate to

27  this section.

28         (b)  The department shall prepare for any governmental

29  entity to distribute a driver's license applicant reference

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

31  and substance abuse education school, but under no


                                  22

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






    CS for CS for SB 522                           First Engrossed



  1  circumstance may include any list of course providers or

  2  schools. The department shall refer further inquiries to the

  3  telephone directory heading of driving instruction.

  4         Section 15.  Subsection (4) is added to section 328.73,

  5  Florida Statutes, to read:

  6         328.73  Registration; duties of tax collectors.--

  7         (4)  Notwithstanding chapter 116, every county officer

  8  within this state who is authorized to collect funds provided

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

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

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

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

13  shall be made by means of electronic funds transfer.

14         Section 16.  Paragraph (a) of subsection (11) and

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

16  amended to read:

17         713.78  Liens for recovering, towing, or storing

18  vehicles and vessels.--

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

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

21  comes into possession of a vehicle or vessel pursuant to

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

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

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

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

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

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

28  A certificate of destruction, which authorizes the dismantling

29  or destruction of the vehicle or vessel described therein,

30  shall be reassignable a maximum of two times before

31  dismantling or destruction of the vehicle shall be required,


                                  23

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






    CS for CS for SB 522                           First Engrossed



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

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

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

  4  destruction must occur within 30 days after the second

  5  reassignment of the certificate of destruction. The

  6  application for a certificate of destruction must include an

  7  affidavit from the applicant that it has complied with all

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

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

10  law enforcement officer that the vehicle or vessel is not

11  reported stolen, and shall be accompanied by such

12  documentation as may be required by the department.

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

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

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

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

17  775.082 or s. 775.083.

18         (b)  Any person who violates the provisions of

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

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

21  775.083, or s. 775.084.

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

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

24  statement in any application or affidavit required under the

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

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

27  s. 775.084.

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

29  Motor Vehicles and law enforcement officers are authorized to

30  inspect the records of any person regularly engaged in the

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


                                  24

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






    CS for CS for SB 522                           First Engrossed



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

  2  car carrier, to ensure compliance with the requirements of

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

  4  fails to produce records when requested in a reasonable manner

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

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

  7  775.083.

  8         Section 17.  This act shall take effect upon becoming a

  9  law.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  25

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