Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1992

417306

CHAMBER ACTION

Senate

Comm: 4/RCS

3/11/2008

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House



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The Committee on Transportation (Baker) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 759-760

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insert:

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     Section 23.  Subsection (3) of section 320.27, Florida

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Statutes, is amended to read:

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     320.27  Motor vehicle dealers.--

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     (3)  APPLICATION AND FEE.--The application for the license

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shall be in such form as may be prescribed by the department and

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shall be subject to such rules with respect thereto as may be so

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prescribed by it. Such application shall be verified by oath or

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affirmation and shall contain a full statement of the name and

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birth date of the person or persons applying therefor; the name

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of the firm or copartnership, with the names and places of

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residence of all members thereof, if such applicant is a firm or

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copartnership; the names and places of residence of the

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principal officers, if the applicant is a body corporate or

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other artificial body; the name of the state under whose laws

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the corporation is organized; the present and former place or

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places of residence of the applicant; and prior business in

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which the applicant has been engaged and the location thereof.

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Such application shall describe the exact location of the place

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of business and shall state whether the place of business is

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owned by the applicant and when acquired, or, if leased, a true

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copy of the lease shall be attached to the application. The

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applicant shall certify that the location provides an adequately

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equipped office and is not a residence; that the location

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affords sufficient unoccupied space upon and within which

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adequately to store all motor vehicles offered and displayed for

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sale; and that the location is a suitable place where the

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applicant can in good faith carry on such business and keep and

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maintain books, records, and files necessary to conduct such

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business, which will be available at all reasonable hours to

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inspection by the department or any of its inspectors or other

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employees. The applicant shall certify that the business of a

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motor vehicle dealer is the principal business which shall be

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conducted at that location. Such application shall contain a

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statement that the applicant is either franchised by a

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manufacturer of motor vehicles, in which case the name of each

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motor vehicle that the applicant is franchised to sell shall be

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included, or an independent (nonfranchised) motor vehicle

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dealer. Such application shall contain such other relevant

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information as may be required by the department, including

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evidence that the applicant is insured under a garage liability

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insurance policy, which shall include, at a minimum, $25,000

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combined single-limit liability coverage including bodily injury

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and property damage protection and $10,000 personal injury

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protection. Such policy shall be for the license period, and

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evidence of a new or continued policy shall be delivered to the

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department at the beginning of each license period. Upon making

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such initial application, the person applying therefor shall pay

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to the department a fee of $300 in addition to any other fees

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now required by law; upon making a subsequent renewal

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application, the person applying therefor shall pay to the

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department a fee of $75 in addition to any other fees now

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required by law. Upon making an application for a change of

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location, the person shall pay a fee of $50 in addition to any

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other fees now required by law. The department shall, in the

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case of every application for initial licensure, verify whether

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certain facts set forth in the application are true. Each

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applicant, general partner in the case of a partnership, or

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corporate officer and director in the case of a corporate

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applicant, must file a set of fingerprints with the department

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for the purpose of determining any prior criminal record or any

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outstanding warrants. The department shall submit the

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fingerprints to the Department of Law Enforcement for state

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processing and forwarding to the Federal Bureau of Investigation

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for federal processing. The actual cost of such state and

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federal processing shall be borne by the applicant and is to be

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in addition to the fee for licensure. The department may issue a

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license to an applicant pending the results of the fingerprint

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investigation, which license is fully revocable if the

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department subsequently determines that any facts set forth in

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the application are not true or correctly represented.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Line 78, after the first semicolon

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insert:

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amending s. 320.27, F.S., revising evidence required for

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motor vehicle dealer applications;  

3/7/2008  5:38:00 PM     TR.TR.04606

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