CS/CS/CS/HB 631

1
A bill to be entitled
2An act relating to motor vehicles; amending ss. 261.03 and
3317.0003, F.S.; redefining the term "ROV" for purposes of
4provisions relating to off-highway vehicles to include
5vehicles of increased width and weight; amending s.
6316.1951, F.S.; removing a requirement that the Department
7of Highway Safety and Motor Vehicles adopt a uniform
8written notice to be used to enforce provisions that
9prohibit parking a motor vehicle on certain property for
10the purpose of displaying the motor vehicle as being for
11sale, hire, or rental; removing a requirement that each
12law enforcement agency provide its own notice for such
13enforcement; authorizing a local government to adopt an
14ordinance to enforce such provisions; authorizing a code
15enforcement officer from any local government agency to
16enforce such provisions; providing for immediate removal
17of a motor vehicle in violation of specified provisions;
18providing for assessment of a fine in addition to towing
19and storage fees; requiring a release form prescribed by
20the department to be completed before release of the motor
21vehicle; amending s. 318.14, F.S.; providing a lifetime
22limitation on the number of times a person may elect to
23attend a driver improvement course in lieu of appearing in
24court for certain traffic infractions; amending s. 318.18,
25F.S.; specifying a fine for a vehicle that is displayed
26for sale, hire, or rental in violation of such provisions;
27providing for disposition of fines collected; amending s.
28319.225, F.S.; prohibiting the department from requiring
29the signature of the transferor to be notarized on certain
30motor vehicle title transfer forms relating to mileage of
31the vehicle; requiring the forms to include an affidavit
32declaring facts in the document to be true; amending s.
33319.23, F.S.; providing that, under certain circumstances,
34a motor vehicle dealer is not required to apply for a
35certificate of title for a motor vehicle sold to a general
36purchaser who resides outside the state; amending s.
37319.241, F.S.; revising provisions relating to an
38application for the removal of a lien from the files of
39the department or from the certificate of title;
40authorizing the department to remove the lien from its
41files within a specified period after receiving an
42application for a derelict motor vehicle certificate and
43notification to the lienholder, unless a written statement
44protesting such removal is received; amending s. 319.30,
45F.S.; revising definitions; revising requirements for
46disposition of a motor vehicle, recreational vehicle, or
47mobile home that is sold, transported, or delivered to a
48salvage motor vehicle dealer or a secondary metals
49recycler; requiring certificates of title to conform to
50specified provisions; providing for the dealer or recycler
51to apply to the department for a derelict motor vehicle
52certificate if the certificate of title, salvage
53certificate of title, or certificate of destruction is not
54available; requiring the derelict motor vehicle
55certificate application to be completed by the seller or
56owner of the motor vehicle or mobile home, the seller's or
57owner's authorized transporter, or the dealer or recycler;
58requiring certain identification information be included
59with the application; revising the types of documentation
60that a secondary metals recycler must obtain; permitting
61recyclers to obtain salvage certificates of title from
62sellers or owners as a valid method of documentation;
63providing that a person engaged in the business of
64recovering, towing, or storing vehicles may not claim
65certain liens, claim that certain vehicles have remained
66on any premises after tenancy has terminated, or use the
67derelict motor vehicle certificate application to
68transport, sell, or dispose of a motor vehicle at a
69salvage motor vehicle dealer or secondary metals recycler
70without otherwise obtaining title to the vehicle or a
71certificate of destruction; requiring that the department
72accept all properly endorsed and completed derelict motor
73vehicle certificate applications and issue such
74certification having an effective date that authorizes
75when the vehicle is eligible for dismantling or
76destruction; requiring that such electronic information be
77stored and made available to authorized persons; requiring
78that all licensed salvage motor vehicle dealers or
79registered secondary metals recyclers make all payments
80for the purchase of any derelict motor vehicle that is
81sold by a seller who is not the owner of record by check
82or money order; amending s. 320.02, F.S.; directing the
83department to place the name of the owner of a motor
84vehicle on the list of persons who may not be issued a
85license plate or revalidation sticker if that person is on
86a list submitted to the department by a licensed dealer;
87amending s. 320.27, F.S.; clarifying an exemption from
88certain dealer prelicensing requirements; removing a
89requirement for evaluation of privatized applicant
90training methods; authorizing dealer records to be kept in
91either paper or electronic form; providing procedures for
92transfer of documents to electronic form; authorizing the
93department to deny, suspend, or revoke a dealer's license
94for certain actions relating to payments made to the
95department; authorizing a dealer training school to cancel
96the training certificate issued to a student for certain
97actions relating to payments made to the school; amending
98s. 322.0261, F.S.; revising provisions requiring persons
99who were convicted of or who pleaded nolo contendere to
100specified traffic infractions to attend a driver
101improvement course; providing that the department shall
102not require a person to attend a driver improvement course
103for specified traffic violations when adjudication has
104been withheld by the court; requiring the department to
105send notice of a requirement to attend a driver
106improvement course within a certain time period after
107receiving a report of an adjudication; providing an
108effective date.
109
110Be It Enacted by the Legislature of the State of Florida:
111
112     Section 1.  Subsection (9) of section 261.03, Florida
113Statutes, is amended to read:
114     261.03  Definitions.-As used in this chapter, the term:
115     (9)  "ROV" means any motorized recreational off-highway
116vehicle 64 60 inches or less in width, having a dry weight of
1172,000 1,500 pounds or less, designed to travel on four or more
118nonhighway tires, having nonstraddle seating and a steering
119wheel, and manufactured for recreational use by one or more
120persons. The term "ROV" does not include a golf cart as defined
121in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
122defined in s. 320.01(42).
123     Section 2.  Subsection (9) of section 317.0003, Florida
124Statutes, is amended to read:
125     317.0003  Definitions.-As used in this chapter, the term:
126     (9)  "ROV" means any motorized recreational off-highway
127vehicle 64 60 inches or less in width, having a dry weight of
1282,000 1,500 pounds or less, designed to travel on four or more
129nonhighway tires, having nonstraddle seating and a steering
130wheel, and manufactured for recreational use by one or more
131persons. The term "ROV" does not include a golf cart as defined
132in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
133defined in s. 320.01(42).
134     Section 3.  Section 316.1951, Florida Statutes, is amended
135to read:
136     316.1951  Parking for certain purposes prohibited; sale of
137motor vehicles; prohibited acts.-
138     (1)  It is unlawful for any person to park a motor vehicle,
139as defined in s. 320.01, upon a public street or highway, upon a
140public parking lot, or other public property, or upon private
141property where the public has the right to travel by motor
142vehicle, for the principal purpose and intent of displaying the
143motor vehicle thereon for sale, hire, or rental unless the sale,
144hire, or rental of the motor vehicle is specifically authorized
145on such property by municipal or county regulation and the
146person is in compliance with all municipal or county licensing
147regulations.
148     (2)  The provisions of subsection (1) do not prohibit a
149person from parking his or her own motor vehicle or his or her
150other personal property on any private real property which the
151person owns or leases or on private real property which the
152person does not own or lease, but for which he or she obtains
153the permission of the owner, or on the public street immediately
154adjacent thereto, for the principal purpose and intent of sale,
155hire, or rental.
156     (3)  Subsection (1) does not prohibit a licensed motor
157vehicle dealer from displaying for sale or offering for sale
158motor vehicles at locations other than the dealer's licensed
159location if the dealer has been issued a supplemental license
160for off-premises sales, as provided in s. 320.27(5), and has
161complied with the requirements in subsection (1). A vehicle
162displayed for sale by a licensed dealer at any location other
163than the dealer's licensed location is subject to immediate
164removal without warning.
165     (4)  The Department of Highway Safety and Motor Vehicles
166shall adopt by rule a uniform written notice to be used to
167enforce this section. Each law enforcement agency in this state
168shall provide, at each agency's expense, the notice forms
169necessary to enforce this section.
170     (4)(5)  A local government may adopt an ordinance to allow
171the towing of a motor vehicle parked in violation of this
172section. A law enforcement officer, compliance officer, code
173enforcement officer from any local government agency, or
174supervisor of the department may issue a citation and cause to
175be immediately removed at the owner's expense any motor vehicle
176found in violation of subsection (1), except as provided in
177subsections (2) and (3), or in violation of subsection (5),
178subsection (6), subsection (7), or subsection (8), and the owner
179shall be assessed a penalty as provided in s. 318.18(21) by the
180government agency or authority that orders immediate removal of
181the motor vehicle. A motor vehicle removed under this section
182shall not be released from an impound or towing and storage
183facility before a release form prescribed by the department has
184been completed verifying that the fine has been paid to the
185government agency or authority that ordered immediate removal of
186the motor vehicle. However, the owner may pay towing and storage
187charges to the towing and storage facility pursuant to s. 713.78
188before payment of the fine or before the release form has been
189completed which has been parked in one location for more than 24
190hours after a written notice has been issued. Every written
191notice issued pursuant to this section shall be affixed in a
192conspicuous place upon a vehicle by a law enforcement officer,
193compliance officer, or supervisor of the department. Any vehicle
194found in violation of subsection (1) within 30 days after a
195previous violation and written notice is subject to immediate
196removal without an additional waiting period.
197     (5)(6)  It is unlawful to offer a vehicle for sale if the
198vehicle identification number has been destroyed, removed,
199covered, altered, or defaced, as described in s. 319.33(1)(d). A
200vehicle found in violation of this subsection is subject to
201immediate removal without warning.
202     (6)(7)  It is unlawful to knowingly attach to any motor
203vehicle a registration that was not assigned or lawfully
204transferred to the vehicle pursuant to s. 320.261. A vehicle
205found in violation of this subsection is subject to immediate
206removal without warning.
207     (7)(8)  It is unlawful to display or offer for sale a
208vehicle that does not have a valid registration as provided in
209s. 320.02. A vehicle found in violation of this subsection is
210subject to immediate removal without warning. This subsection
211does not apply to vehicles and recreational vehicles being
212offered for sale through motor vehicle auctions as defined in s.
213320.27(1)(c)4.
214     (8)(9)  A vehicle is subject to immediate removal without
215warning if it bears a telephone number that has been displayed
216on three or more vehicles offered for sale within a 12-month
217period.
218     (9)(10)  Any other provision of law to the contrary
219notwithstanding, a violation of subsection (1), subsection (5),
220subsection (6), subsection (7), or subsection (8) shall subject
221the owner of such motor vehicle to towing fees reasonably
222necessitated by removal and storage of the motor vehicle and a
223fine as required by s. 318.18.
224     (10)(11)  This section does not prohibit the governing body
225of a municipality or county, with respect to streets, highways,
226or other property under its jurisdiction, from regulating the
227parking of motor vehicles for any purpose.
228     (11)(12)  A violation of this section is a noncriminal
229traffic infraction, punishable as a nonmoving violation as
230provided in chapter 318, unless otherwise mandated by general
231law.
232     Section 4.  Subsection (9) of section 318.14, Florida
233Statutes, is amended to read:
234     318.14  Noncriminal traffic infractions; exception;
235procedures.-
236     (9)  Any person who does not hold a commercial driver's
237license and who is cited for an infraction under this section
238other than a violation of s. 316.183(2), s. 316.187, or s.
239316.189 when the driver exceeds the posted limit by 30 miles per
240hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
241s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
242appearance, elect to attend in the location of his or her choice
243within this state a basic driver improvement course approved by
244the Department of Highway Safety and Motor Vehicles. In such a
245case, adjudication must be withheld and points, as provided by
246s. 322.27, may not be assessed. However, a person may not make
247an election under this subsection if the person has made an
248election under this subsection in the preceding 12 months. A
249person may make no more than five elections within his or her
250lifetime 10 years under this subsection. The requirement for
251community service under s. 318.18(8) is not waived by a plea of
252nolo contendere or by the withholding of adjudication of guilt
253by a court. If a person makes an election to attend a basic
254driver improvement course under this subsection, 18 percent of
255the civil penalty imposed under s. 318.18(3) shall be deposited
256in the State Courts Revenue Trust Fund; however, that portion is
257not revenue for purposes of s. 28.36 and may not be used in
258establishing the budget of the clerk of the court under that
259section or s. 28.35.
260     Section 5.  Subsection (21) is added to section 318.18,
261Florida Statutes, to read:
262     318.18  Amount of penalties.-The penalties required for a
263noncriminal disposition pursuant to s. 318.14 or a criminal
264offense listed in s. 318.17 are as follows:
265     (21)  One hundred dollars for a violation of s. 316.1951
266for a vehicle that is unlawfully displayed for sale, hire, or
267rental. Notwithstanding any other law to the contrary, fines
268collected under this subsection shall be retained by the
269governing authority that authorized towing of the vehicle. Fines
270collected by the department shall be deposited into the Highway
271Safety Operating Trust Fund.
272     Section 6.  Paragraphs (a) and (b) of subsection (6) of
273section 319.225, Florida Statutes, are amended to read:
274     319.225  Transfer and reassignment forms; odometer
275disclosure statements.-
276     (6)(a)  If the certificate of title is physically held by a
277lienholder, the transferor may give a power of attorney to his
278or her transferee for the purpose of odometer disclosure. The
279power of attorney must be on a form issued or authorized by the
280department, which form must be in compliance with 49 C.F.R. ss.
281580.4 and 580.13. The department shall not require the signature
282of the transferor to be notarized on the form; however, in lieu
283of notarization, the form shall include an affidavit with the
284following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
285HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
286ARE TRUE. The transferee shall sign the power of attorney form,
287print his or her name, and return a copy of the power of
288attorney form to the transferor. Upon receipt of a title
289certificate, the transferee shall complete the space for mileage
290disclosure on the title certificate exactly as the mileage was
291disclosed by the transferor on the power of attorney form. If
292the transferee is a licensed motor vehicle dealer who is
293transferring the vehicle to a retail purchaser, the dealer shall
294make application on behalf of the retail purchaser as provided
295in s. 319.23(6) and shall submit the original power of attorney
296form to the department with the application for title and the
297transferor's title certificate; otherwise, a dealer may reassign
298the title certificate by using the dealer reassignment form in
299the manner prescribed in subsection (3), and, at the time of
300physical transfer of the vehicle, the original power of attorney
301shall be delivered to the person designated as the transferee of
302the dealer on the dealer reassignment form. A copy of the
303executed power of attorney shall be submitted to the department
304with a copy of the executed dealer reassignment form within 5
305business days after the certificate of title and dealer
306reassignment form are delivered by the dealer to its transferee.
307     (b)  If the certificate of title is lost or otherwise
308unavailable, the transferor may give a power of attorney to his
309or her transferee for the purpose of odometer disclosure. The
310power of attorney must be on a form issued or authorized by the
311department, which form must be in compliance with 49 C.F.R. ss.
312580.4 and 580.13. The department shall not require the signature
313of the transferor to be notarized on the form; however, in lieu
314of notarization, the form shall include an affidavit with the
315following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
316HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
317ARE TRUE. The transferee shall sign the power of attorney form,
318print his or her name, and return a copy of the power of
319attorney form to the transferor. Upon receipt of the title
320certificate or a duplicate title certificate, the transferee
321shall complete the space for mileage disclosure on the title
322certificate exactly as the mileage was disclosed by the
323transferor on the power of attorney form. If the transferee is a
324licensed motor vehicle dealer who is transferring the vehicle to
325a retail purchaser, the dealer shall make application on behalf
326of the retail purchaser as provided in s. 319.23(6) and shall
327submit the original power of attorney form to the department
328with the application for title and the transferor's title
329certificate or duplicate title certificate; otherwise, a dealer
330may reassign the title certificate by using the dealer
331reassignment form in the manner prescribed in subsection (3),
332and, at the time of physical transfer of the vehicle, the
333original power of attorney shall be delivered to the person
334designated as the transferee of the dealer on the dealer
335reassignment form. A copy of the executed power of attorney
336shall be submitted to the department with a copy of the executed
337dealer reassignment form within 5 business days after the
338duplicate certificate of title and dealer reassignment form are
339delivered by the dealer to its transferee.
340     Section 7.  Subsection (6) of section 319.23, Florida
341Statutes, is amended to read:
342     319.23  Application for, and issuance of, certificate of
343title.-
344     (6)(a)  In the case of the sale of a motor vehicle or
345mobile home by a licensed dealer to a general purchaser, the
346certificate of title must be obtained in the name of the
347purchaser by the dealer upon application signed by the
348purchaser, and in each other case such certificate must be
349obtained by the purchaser. In each case of transfer of a motor
350vehicle or mobile home, the application for a certificate of
351title, a or corrected certificate, or an assignment or
352reassignment, must be filed within 30 days after from the
353delivery of the motor vehicle or mobile home to the purchaser.
354An applicant must pay a fee of $20, in addition to all other
355fees and penalties required by law, for failing to file such
356application within the specified time. In the case of the sale
357of a motor vehicle by a licensed motor vehicle dealer to a
358general purchaser who resides in another state or country, the
359dealer is not required to apply for a certificate of title for
360the motor vehicle; however, the dealer must transfer ownership
361and reassign the certificate of title or manufacturer's
362certificate of origin to the purchaser, and the purchaser must
363sign an affidavit, as approved by the department, that the
364purchaser will title and register the motor vehicle in another
365state or country.
366     (b)  If a licensed dealer acquires a motor vehicle or
367mobile home as a trade-in, the dealer must file with the
368department, within 30 days, a notice of sale signed by the
369seller. The department shall update its database for that title
370record to indicate "sold." A licensed dealer need not apply for
371a certificate of title for any motor vehicle or mobile home in
372stock acquired for stock purposes except as provided in s.
373319.225.
374     Section 8.  Section 319.241, Florida Statutes, is amended
375to read:
376     319.241  Removal of lien from records.-The owner of a motor
377vehicle or mobile home upon which a lien has been filed with the
378department or noted upon a certificate of title for a period of
3795 years may apply to the department in writing for such lien to
380be removed from the department files or from the certificate of
381title. The application shall be accompanied by evidence
382satisfactory to the department that the applicant has notified
383the lienholder by certified mail, not less than 20 days prior to
384the date of the application, of his or her intention to apply to
385the department for removal of the lien. Ten days after receipt
386of the application, the department may remove the lien from its
387files or from the certificate of title, as the case may be, if
388no statement in writing protesting removal of the lien is
389received by the department from the lienholder within the 10-day
390period. If, however, the lienholder files with the department
391within the 10-day period a written statement that the lien is
392still outstanding, the department shall not remove the lien
393until the lienholder presents a satisfaction of lien to the
394department. Ten days after the receipt of an application for a
395derelict motor vehicle certificate and notification to the
396lienholder, the department may remove the lien from the derelict
397motor vehicle record if a written statement protesting removal
398of the lien is not received by the department from the
399lienholder within the 10-day period.
400     Section 9.  Subsections (1) and (2), paragraph (b) of
401subsection (3), paragraph (a) of subsection (7), and subsection
402(8) of section 319.30, Florida Statutes, are amended to read:
403     319.30  Definitions; dismantling, destruction, change of
404identity of motor vehicle or mobile home; salvage.-
405     (1)  As used in this section, the term:
406     (a)  "Certificate of destruction" means the certificate
407issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
408     (b)  "Certificate of registration number" means the
409certificate of registration number issued by the Department of
410Revenue of the State of Florida pursuant to s. 538.25.
411     (c)  "Certificate of title" means a record that serves as
412evidence of ownership of a vehicle, whether such record is a
413paper certificate authorized by the department or by a motor
414vehicle department authorized to issue titles in another state
415or a certificate consisting of information stored in electronic
416form in the department's database.
417     (d)  "Derelict" means any material which is or may have
418been a motor vehicle or mobile home, which is not a major part
419or major component part, which is inoperable, and which is in
420such condition that its highest or primary value is in its sale
421or transfer as scrap metal.
422     (e)  "Derelict motor vehicle" means:
423     1.  Any motor vehicle as defined in s. 320.01(1) or mobile
424home as defined in s. 320.01(2), with or without all parts,
425major parts, or major component parts, which is valued under
426$1,000, is at least 10 model years old, beginning with the model
427year of the vehicle as year one, and is in such condition that
428its highest or primary value is for sale, transport, or delivery
429to a licensed salvage motor vehicle dealer or registered
430secondary metals recycler for dismantling its component parts or
431conversion to scrap metal; or
432     2.  Any trailer as defined in s. 320.01(1), with or without
433all parts, major parts, or major component parts, which is
434valued under $5,000, is at least 10 model years old, beginning
435with the model year of the vehicle as year one, and is in such
436condition that its highest or primary value is for sale,
437transport, or delivery to a licensed salvage motor vehicle
438dealer or registered secondary metals recycler for conversion to
439scrap metal.
440     (f)  "Derelict motor vehicle certificate" means a
441certificate issued by the department which serves as evidence
442that a derelict motor vehicle will be dismantled or converted to
443scrap metal. This certificate may be obtained by completing a
444derelict motor vehicle certificate application authorized by the
445department completed by the derelict motor vehicle owner, the
446owner's authorized transporter when different from the owner,
447and the licensed salvage motor vehicle dealer or the registered
448secondary metals recycler and submitted to the department for
449cancellation of the title record of the derelict motor vehicle.
450A derelict motor vehicle certificate may be reassigned only one
451time if the derelict motor vehicle certificate was completed by
452a licensed salvage motor vehicle dealer and the derelict motor
453vehicle was sold to another licensed salvage motor vehicle
454dealer or a secondary metals recycler.
455     (g)  "Junk" means any material which is or may have been a
456motor vehicle or mobile home, with or without all component
457parts, which is inoperable and which material is in such
458condition that its highest or primary value is either in its
459sale or transfer as scrap metal or for its component parts, or a
460combination of the two, except when sold or delivered to or when
461purchased, possessed, or received by a secondary metals recycler
462or salvage motor vehicle dealer.
463     (h)  "Major component parts" means:
464     1.  For motor vehicles other than motorcycles, any fender
465the front-end assembly (fenders, hood, grill, and bumper), cowl
466assembly, rear body section (both quarter panel panels, trunk
467lid, door, decklid, and bumper), floor pan, door assemblies,
468engine, frame, transmission, catalytic converter, or and airbag.
469     2.  For trucks, in addition to those parts listed in
470subparagraph 1., any truck bed, including dump, wrecker, crane,
471mixer, cargo box, or any bed which mounts to a truck frame.
472     3.  For motorcycles, the body assembly, frame, fenders, gas
473tanks, engine, cylinder block, heads, engine case, crank case,
474transmission, drive train, front fork assembly, and wheels.
475     4.  For mobile homes, the frame.
476     (i)  "Major part" means the front-end assembly, cowl
477assembly, or rear body section.
478     (j)  "Materials" means motor vehicles, derelicts, and major
479parts that are not prepared materials.
480     (k)  "Mobile home" means mobile home as defined in s.
481320.01(2).
482     (l)  "Motor vehicle" means motor vehicle as defined in s.
483320.01(1).
484     (m)  "Parts" means parts of motor vehicles or combinations
485thereof that do not constitute materials or prepared materials.
486     (n)  "Personal identification card" means personal
487identification card as defined in s. 538.18(5).
488     (n)(o)  "Prepared materials" means motor vehicles, mobile
489homes, derelict motor vehicles, major parts, or parts that have
490been processed by mechanically flattening or crushing, or
491otherwise processed such that they are not the motor vehicle or
492mobile home described in the certificate of title, or their only
493value is as scrap metal.
494     (o)(p)  "Processing" means the business of performing the
495manufacturing process by which ferrous metals or nonferrous
496metals are converted into raw material products consisting of
497prepared grades and having an existing or potential economic
498value, or the purchase of materials, prepared materials, or
499parts therefor.
500     (p)(q)  "Recreational vehicle" means a motor vehicle as
501defined in s. 320.01(1).
502     (q)(r)  "Salvage" means a motor vehicle or mobile home
503which is a total loss as defined in paragraph (3)(a).
504     (r)(s)  "Salvage certificate of title" means a salvage
505certificate of title issued by the department or by another
506motor vehicle department authorized to issue titles in another
507state.
508     (s)(t)  "Salvage motor vehicle dealer" means salvage motor
509vehicle dealer as defined in s. 320.27(1)(c)5.
510     (t)(u)  "Secondary metals recycler" means secondary metals
511recycler as defined in s. 538.18(8).
512     (u)  "Seller" means the owner of record or a person who has
513physical possession and responsibility for a derelict motor
514vehicle and attests that possession of the vehicle was obtained
515through lawful means along with all ownership rights. A seller
516does not include a towing company, repair shop, or landlord
517unless the towing company, repair shop, or landlord has obtained
518title, salvage title, or a certificate of destruction in the
519name of the towing company, repair shop, or landlord.
520     (2)(a)  Each person mentioned as owner in the last issued
521certificate of title, when such motor vehicle or mobile home is
522dismantled, destroyed, or changed in such manner that it is not
523the motor vehicle or mobile home described in the certificate of
524title, shall surrender his or her certificate of title to the
525department, and thereupon the department shall, with the consent
526of any lienholders noted thereon, enter a cancellation upon its
527records. Upon cancellation of a certificate of title in the
528manner prescribed by this section, the department may cancel and
529destroy all certificates in that chain of title. Any person who
530knowingly willfully and deliberately violates this paragraph
531commits a misdemeanor of the second degree, punishable as
532provided in s. 775.082 or s. 775.083.
533     (b)1.  When a motor vehicle, recreational vehicle, or
534mobile home is sold, transported, or delivered to, or received
535by a salvage motor vehicle dealer, it shall be accompanied by:
536     a.  A valid certificate of title issued in the name of the
537seller or properly endorsed, as required in s. 319.22, over to
538the seller;
539     b.  A valid salvage certificate of title issued in the name
540of the seller or properly endorsed, as required in s. 319.22,
541over to the seller; or
542     c.  A valid certificate of destruction issued in the name
543of the seller or properly endorsed over to the seller.
544     2.  Any person who knowingly willfully and deliberately
545violates this paragraph by selling, transporting, delivering,
546purchasing, or receiving a motor vehicle, recreational vehicle,
547or mobile home without obtaining a properly endorsed certificate
548of title, salvage certificate of title, or certificate of
549destruction from the owner commits a felony of the third degree,
550punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
551     (c)1.  When a derelict motor vehicle is sold, transported,
552or delivered to a licensed salvage motor vehicle dealer, the
553purchaser shall record the date of purchase and the name,
554address, and valid Florida driver's license number or valid
555Florida identification card number, or a valid driver's license
556number or identification card number issued by another state,
557personal identification card number of the person selling the
558derelict motor vehicle, and it shall be accompanied by:
559     a.  A valid certificate of title issued in the name of the
560seller or properly endorsed over to the seller;
561     b.  A valid salvage certificate of title issued in the name
562of the seller or properly endorsed over to the seller; or
563     c.  A valid certificate of destruction issued in the name
564of the seller or properly endorsed over to the seller.
565     2.  If a valid the certificate of title, salvage
566certificate of title, or certificate of destruction is not
567available, a derelict motor vehicle certificate application
568shall be completed by the seller or owner of the motor vehicle
569or mobile home, the seller's or owner's authorized transporter,
570and the licensed salvage motor vehicle dealer at the time of
571sale, transport, or delivery to the licensed salvage motor
572vehicle dealer. The derelict motor vehicle certificate
573application shall be used by the seller or owner, the seller's
574or owner's authorized transporter, and the licensed salvage
575motor vehicle dealer to obtain a derelict motor vehicle
576certificate from the department. The derelict motor vehicle
577certificate application must be accompanied by a legible copy of
578the seller's or owner's valid Florida driver's license or
579Florida identification card, or a valid driver's license or
580identification card issued by another state. If the seller is
581not the owner of record of the vehicle being sold, the dealer
582shall, at the time of sale, ensure that a smudge-free right
583thumbprint, or other digit if the seller has no right thumb, of
584the seller is imprinted upon the derelict motor vehicle
585certificate application and that a legible copy of the seller's
586driver's license or identification card is affixed to the
587application and transmitted to the department. The licensed
588salvage motor vehicle dealer shall secure the derelict motor
589vehicle or mobile home for 3 full business days, excluding
590weekends and holidays, if there is no active lien or a lien of 3
591years or more on the department's records before destroying or
592dismantling the derelict motor vehicle and shall follow all
593reporting procedures established by the department, including
594electronic notification to the department or delivery of the
595original derelict motor vehicle certificate application to an
596agent of the department within 24 hours after receiving the
597derelict motor vehicle. If there is an active lien of less than
5983 years on the derelict motor vehicle, the licensed salvage
599motor vehicle dealer shall secure the derelict motor vehicle for
60010 days. The department shall notify the lienholder that a
601derelict motor vehicle certificate has been issued and shall
602notify the lienholder of its intention to remove the lien. Ten
603days after receipt of the motor vehicle derelict certificate
604application, the department may remove the lien from its records
605if a written statement protesting removal of the lien is not
606received by the department from the lienholder within the 10-day
607period. However, if the lienholder files with the department and
608the licensed salvage motor vehicle dealer within the 10-day
609period a written statement that the lien is still outstanding,
610the department shall not remove the lien and shall place an
611administrative hold on the record for 30 days to allow the
612lienholder to apply for title to the vehicle or a repossession
613certificate under s. 319.28. The licensed salvage motor vehicle
614dealer must secure the derelict motor vehicle until the
615department's administrative stop is removed, the lienholder
616submits a lien satisfaction, or the lienholder takes possession
617of the vehicle.
618     3.  Any person who knowingly willfully and deliberately
619violates this paragraph by selling, transporting, delivering,
620purchasing, or receiving a derelict motor vehicle without
621obtaining a certificate of title, salvage certificate of title,
622certificate of destruction, or derelict motor vehicle
623certificate application; enters false or fictitious information
624on a derelict motor vehicle certificate application; does not
625complete the derelict motor vehicle certificate application as
626required; does not obtain a legible copy of the seller's or
627owner's valid driver's license or identification card when
628required; or does not make the required notification to the
629department; or destroys or dismantles a derelict motor vehicle
630without waiting the required time as set forth in subparagraph
6312. 3 full business days commits a felony of the third degree,
632punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
633     (3)
634     (b)  The owner, including persons who are self-insured, of
635any motor vehicle or mobile home which is considered to be
636salvage shall, within 72 hours after the motor vehicle or mobile
637home becomes salvage, forward the title to the motor vehicle or
638mobile home to the department for processing. However, an
639insurance company which pays money as compensation for total
640loss of a motor vehicle or mobile home shall obtain the
641certificate of title for the motor vehicle or mobile home and,
642within 72 hours after receiving such certificate of title, shall
643forward such title to the department for processing. The owner
644or insurance company, as the case may be, may not dispose of a
645vehicle or mobile home that is a total loss before it has
646obtained a salvage certificate of title or certificate of
647destruction from the department. When applying for a salvage
648certificate of title or certificate of destruction, the owner or
649insurance company must provide the department with an estimate
650of the costs of repairing the physical and mechanical damage
651suffered by the vehicle for which a salvage certificate of title
652or certificate of destruction is sought. If the estimated costs
653of repairing the physical and mechanical damage to the vehicle
654are equal to 80 percent or more of the current retail cost of
655the vehicle, as established in any official used car or used
656mobile home guide, the department shall declare the vehicle
657unrebuildable and print a certificate of destruction, which
658authorizes the dismantling or destruction of the motor vehicle
659or mobile home described therein. However, if the damaged motor
660vehicle is equipped with custom-lowered floors for wheelchair
661access or a wheelchair lift, the insurance company may, upon
662determining that the vehicle is repairable to a condition that
663is safe for operation on public roads, submit the certificate of
664title to the department for reissuance as a salvage rebuildable
665title and the addition of a title brand of "insurance-declared
666total loss." The certificate of destruction shall be
667reassignable a maximum of two times before dismantling or
668destruction of the vehicle shall be required, and shall
669accompany the motor vehicle or mobile home for which it is
670issued, when such motor vehicle or mobile home is sold for such
671purposes, in lieu of a certificate of title, and, thereafter,
672the department shall refuse issuance of any certificate of title
673for that vehicle. Nothing in this subsection shall be applicable
674when a vehicle is worth less than $1,500 retail in undamaged
675condition in any official used motor vehicle guide or used
676mobile home guide or when a stolen motor vehicle or mobile home
677is recovered in substantially intact condition and is readily
678resalable without extensive repairs to or replacement of the
679frame or engine. Any person who knowingly willfully and
680deliberately violates this paragraph or falsifies any document
681to avoid the requirements of this paragraph commits a
682misdemeanor of the first degree, punishable as provided in s.
683775.082 or s. 775.083.
684     (7)(a)  In the event of a purchase by a secondary metals
685recycler, that has been issued a certificate of registration
686number, of:
687     1.  Materials, prepared materials, or parts from any seller
688for purposes other than the processing of such materials,
689prepared materials, or parts, the purchaser shall obtain such
690documentation as may be required by this section and shall
691record the seller's name and address, date of purchase, and the
692personal identification card number of the person delivering
693such items.
694     2.  Parts or prepared materials from any seller for
695purposes of the processing of such parts or prepared materials,
696the purchaser shall record the seller's name and address and
697date of purchase and, in the event of a purchase transaction
698consisting primarily of parts or prepared materials, the
699personal identification card number of the person delivering
700such items.
701     3.  Materials from another secondary metals recycler for
702purposes of the processing of such materials, the purchaser
703shall record the seller's name and address and date of purchase.
704     4.a.  Motor vehicles, recreational vehicles, mobile homes,
705or derelict motor vehicles from other than a secondary metals
706recycler for purposes of the processing of such motor vehicles,
707recreational vehicles, mobile homes, or derelict motor vehicles,
708the purchaser shall record the date of purchase and the name,
709address, and personal identification card number of the person
710selling such items and shall obtain the following documentation
711from the seller with respect to each item purchased:
712     (I)  A valid certificate of title issued in the name of the
713seller or properly endorsed, as required in s. 319.22, over to
714the seller;
715     (II)  A valid salvage certificate of title issued in the
716name of the seller or properly endorsed, as required in s.
717319.22, over to the seller;
718     (III)(II)  A valid certificate of destruction issued in the
719name of the seller or properly endorsed over to the seller; or
720     (IV)(III)  A valid derelict motor vehicle certificate
721obtained from the department completed by a licensed salvage
722motor vehicle dealer and properly reassigned to the secondary
723metals recycler.
724     b.  If a valid certificate of title, salvage certificate of
725title, certificate of destruction, or derelict motor vehicle
726certificate is not available and the motor vehicle or mobile
727home is a derelict motor vehicle, a derelict motor vehicle
728certificate application shall be completed by the seller or
729owner of the motor vehicle or mobile home, the
730owner's authorized transporter, and the registered
731metals recycler at the time of sale, transport, or
732the registered secondary metals recycler to obtain a derelict
733motor vehicle certificate from the department. The derelict
734motor vehicle certificate application must be accompanied by a
735legible copy of the seller's or owner's valid Florida driver's
736license or Florida identification card, or a valid driver's
737license or identification card from another state. If the seller
738is not the owner of record of the vehicle being sold, the
739recycler shall, at the time of sale, ensure that a smudge-free
740right thumbprint, or other digit if the seller has no right
741thumb, of the seller is imprinted upon the derelict motor
742vehicle certificate application and that the legible copy of the
743seller's driver's license or identification card is affixed to
744the application and transmitted to the department. The derelict
745motor vehicle certificate shall be used by the owner, the
746owner's authorized transporter, and the registered secondary
747metals recycler. The registered secondary metals recycler shall
748secure the derelict motor vehicle for 3 full business days,
749excluding weekends and holidays, if there is no active lien or a
750lien of 3 years or more on the department's records before
751destroying or dismantling the derelict motor vehicle and shall
752follow all reporting procedures established by the department,
753including electronic notification to the department or delivery
754of the original derelict motor vehicle certificate application
755to an agent of the department within 24 hours after receiving
756the derelict motor vehicle. If there is an active lien of less
757than 3 years on the derelict motor vehicle, the registered
758secondary metals recycler shall secure the derelict motor
759vehicle for 10 days. The department shall notify the lienholder
760of the application for a derelict motor vehicle certificate and
761shall notify the lienholder of its intention to remove the lien.
762Ten days after receipt of the motor vehicle derelict
763application, the department may remove the lien from its records
764if a written statement protesting removal of the lien is not
765received by the department from the lienholder within the 10-day
766period. However, if the lienholder files with the department and
767the registered secondary metals recycler within the 10-day
768period a written statement that the lien is still outstanding,
769the department shall not remove the lien and shall place an
770administrative hold on the record for 30 days to allow the
771lienholder to apply for title to the vehicle or a repossession
772certificate under s. 319.28. The registered secondary metals
773recycler must secure the derelict motor vehicle until the
774department's administrative stop is removed, the lienholder
775submits a lien satisfaction, or the lienholder takes possession
776of the vehicle.
777     c.  Any person who knowingly willfully and deliberately
778violates this subparagraph by selling, transporting, delivering,
779purchasing, or receiving a motor vehicle, recreational motor
780vehicle, mobile home, or derelict motor vehicle without
781obtaining a certificate of title, salvage certificate of title,
782certificate of destruction, or derelict motor vehicle
783certificate; enters false or fictitious information on a
784derelict motor vehicle certificate application; does not
785complete the derelict motor vehicle certificate application as
786required or does not make the required notification to the
787department; does not obtain a legible copy of the seller's or
788owner's driver's license or identification card when required;
789or destroys or dismantles a derelict motor vehicle without
790waiting the required time as set forth in sub-subparagraph b. 3
791full business days commits a felony of the third degree,
792punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
793     5.  Major parts from other than a secondary metals recycler
794for purposes of the processing of such major parts, the
795purchaser shall record the seller's name, address, date of
796purchase, and the personal identification card number of the
797person delivering such items, as well as the vehicle
798identification number, if available, of each major part
799purchased.
800     (8)(a)  Secondary metals recyclers and salvage motor
801vehicle dealers shall return to the department on a monthly
802basis all certificates of title and salvage certificates of
803title that are required by this section to be obtained.
804Secondary metals recyclers and salvage motor vehicle dealers may
805elect to notify the department electronically through procedures
806established by the department when they receive each motor
807vehicle or mobile home, salvage motor vehicle or mobile home, or
808derelict motor vehicle with a certificate of title or salvage
809certificate of title through procedures established by the
810department. The department may adopt rules and establish fees as
811it deems necessary or proper for the administration of the
812electronic notification service.
813     (b)  Secondary metals recyclers and salvage motor vehicle
814dealers shall keep originals, or a copy in the event the
815original was returned to the department, of all certificates of
816title, salvage certificates of title, certificates of
817destruction, derelict motor vehicle certificates, and all other
818information required by this section to be recorded or obtained,
819on file in the offices of such secondary metals recyclers or
820salvage motor vehicle dealers for a period of 3 years after the
821date of purchase of the items reflected in such certificates of
822title, salvage certificates of title, certificates of
823destruction, or derelict motor vehicle certificates. These
824records shall be maintained in chronological order.
825     (c)  For the purpose of enforcement of this section, the
826department or its agents and employees have the same right of
827inspection as law enforcement officers as provided in s.
828812.055.
829     (d)  Whenever the department, its agent or employee, or any
830law enforcement officer has reason to believe that a stolen or
831fraudulently titled motor vehicle, mobile home, recreational
832vehicle, salvage motor vehicle, or derelict motor vehicle is in
833the possession of a salvage motor vehicle dealer or secondary
834metals recycler, the department, its agent or employee, or the
835law enforcement officer may issue an extended a hold notice, not
836to exceed 5 additional business days, excluding weekends and
837holidays, to the salvage motor vehicle dealer or registered
838secondary metals recycler.
839     (e)  Whenever a salvage motor vehicle dealer or registered
840secondary metals recycler is notified by the department, its
841agent or employee, or any law enforcement officer to hold a
842motor vehicle, mobile home, recreational vehicle, salvage motor
843vehicle, or derelict motor vehicle that is believed to be stolen
844or fraudulently titled, the salvage motor vehicle dealer or
845registered secondary metals recycler shall hold the motor
846vehicle, mobile home, recreational vehicle, salvage motor
847vehicle, or derelict motor vehicle and may not dismantle or
848destroy the motor vehicle, mobile home, recreational vehicle,
849salvage motor vehicle, or derelict motor vehicle until it is
850recovered by a law enforcement officer, the hold is released by
851the department or the law enforcement officer placing the hold,
852or the 5 additional business working days have passed since
853being notified of the hold.
854     (f)  This section does not authorize any person who is
855engaged in the business of recovering, towing, or storing
856vehicles pursuant to s. 713.78, and who is claiming a lien for
857performing labor or services on a motor vehicle or mobile home
858pursuant to s. 713.58, or is claiming that a motor vehicle or
859mobile home has remained on any premises after tenancy has
860terminated pursuant to s. 715.104, to use a derelict motor
861vehicle certificate application for the purpose of transporting,
862selling, disposing, or delivering a motor vehicle to a salvage
863motor vehicle dealer or secondary metals recycler without
864obtaining the title or certificate of destruction required under
865s. 713.58, s. 713.78, or s. 715.104.
866     (g)  The department shall accept all properly endorsed and
867completed derelict motor vehicle certificate applications and
868shall issue a derelict motor vehicle certificate having an
869effective date that authorizes when a derelict motor vehicle is
870eligible for dismantling or destruction. The electronic
871information obtained from the derelict motor vehicle certificate
872application shall be stored electronically and shall be made
873available to authorized persons after issuance of the derelict
874motor vehicle certificate in the Florida Real Time Vehicle
875Information System.
876     (h)(f)  The department is authorized to adopt rules
877pursuant to ss. 120.536(1) and 120.54 establishing policies and
878procedures to administer and enforce this section.
879     (i)(g)  The department shall charge a fee of $3 for each
880derelict motor vehicle certificate delivered to the department
881or one of its agents for processing and shall mark the title
882record canceled. A service charge may be collected under s.
883320.04.
884     (j)  The licensed salvage motor vehicle dealer or
885registered secondary metals recycler shall make all payments for
886the purchase of any derelict motor vehicle that is sold by a
887seller who is not the owner of record on file with the
888department by check or money order made payable to the seller
889and may not make payment to the authorized transporter. The
890licensed salvage motor vehicle dealer or registered secondary
891metals recycler may not cash the check that such dealer or
892recycler issued to the seller.
893     Section 10.  Subsection (16) of section 320.02, Florida
894Statutes, is amended to read:
895     320.02  Registration required; application for
896registration; forms.-
897     (16)  The department is authorized to withhold registration
898or re-registration of a motor vehicle if the name of the owner
899or of a coowner appears on a list submitted to the department by
900a licensed motor vehicle dealer for a previous registration of
901that vehicle. The department shall place the name of the
902registered owner of that vehicle on the list of those persons
903who may not be issued a license plate, revalidation sticker, or
904replacement plate for the vehicle purchased from the licensed
905motor vehicle dealer. The motor vehicle dealer must maintain
906signed evidence that the owner or coowner acknowledged the
907dealer's authority to submit the list to the department if he or
908she failed to pay and must note the amount for which the owner
909or coowner would be responsible for the vehicle registration.
910The dealer must maintain the necessary documentation required in
911this subsection or face penalties as provided in s. 320.27. This
912subsection does not affect the issuance of a title to a motor
913vehicle.
914     (a)  The motor vehicle owner or coowner may dispute the
915claim that money is owed to a dealer for registration fees by
916submitting a form to the department if the motor vehicle owner
917or coowner has documentary proof that the registration fees have
918been paid to the dealer for the disputed amount. Without clear
919evidence of the amounts owed for the vehicle registration and
920repayment, the department will assume initial payments are
921applied to government-assessed fees first.
922     (b)  If the registered owner's dispute complies with
923paragraph (a), the department shall immediately remove the motor
924vehicle owner or coowner's name from the list, thereby allowing
925the issuance of a license plate or revalidation sticker.
926     Section 11.  Subsections (4) and (6) and paragraph (a) of
927subsection (9) of section 320.27, Florida Statutes, are amended
928to read:
929     320.27  Motor vehicle dealers.-
930     (4)  LICENSE CERTIFICATE.-
931     (a)  A license certificate shall be issued by the
932department in accordance with such application when the
933application is regular in form and in compliance with the
934provisions of this section. The license certificate may be in
935the form of a document or a computerized card as determined by
936the department. The actual cost of each original, additional, or
937replacement computerized card shall be borne by the licensee and
938is in addition to the fee for licensure. Such license, when so
939issued, entitles the licensee to carry on and conduct the
940business of a motor vehicle dealer. Each license issued to a
941franchise motor vehicle dealer expires annually on December 31
942unless revoked or suspended prior to that date. Each license
943issued to an independent or wholesale dealer or auction expires
944annually on April 30 unless revoked or suspended prior to that
945date. Not less than 60 days prior to the license expiration
946date, the department shall deliver or mail to each licensee the
947necessary renewal forms. Each independent dealer shall certify
948that the dealer (owner, partner, officer, or director of the
949licensee, or a full-time employee of the licensee that holds a
950responsible management-level position) has completed 8 hours of
951continuing education prior to filing the renewal forms with the
952department. Such certification shall be filed once every 2 years
953commencing with the 2006 renewal period. The continuing
954education shall include at least 2 hours of legal or legislative
955issues, 1 hour of department issues, and 5 hours of relevant
956motor vehicle industry topics. Continuing education shall be
957provided by dealer schools licensed under paragraph (b) either
958in a classroom setting or by correspondence. Such schools shall
959provide certificates of completion to the department and the
960customer which shall be filed with the license renewal form, and
961such schools may charge a fee for providing continuing
962education. Any licensee who does not file his or her application
963and fees and any other requisite documents, as required by law,
964with the department at least 30 days prior to the license
965expiration date shall cease to engage in business as a motor
966vehicle dealer on the license expiration date. A renewal filed
967with the department within 45 days after the expiration date
968shall be accompanied by a delinquent fee of $100. Thereafter, a
969new application is required, accompanied by the initial license
970fee. A license certificate duly issued by the department may be
971modified by endorsement to show a change in the name of the
972licensee, provided, as shown by affidavit of the licensee, the
973majority ownership interest of the licensee has not changed or
974the name of the person appearing as franchisee on the sales and
975service agreement has not changed. Modification of a license
976certificate to show any name change as herein provided shall not
977require initial licensure or reissuance of dealer tags; however,
978any dealer obtaining a name change shall transact all business
979in and be properly identified by that name. All documents
980relative to licensure shall reflect the new name. In the case of
981a franchise dealer, the name change shall be approved by the
982manufacturer, distributor, or importer. A licensee applying for
983a name change endorsement shall pay a fee of $25 which fee shall
984apply to the change in the name of a main location and all
985additional locations licensed under the provisions of subsection
986(5). Each initial license application received by the department
987shall be accompanied by verification that, within the preceding
9886 months, the applicant, or one or more of his or her designated
989employees, has attended a training and information seminar
990conducted by a licensed motor vehicle dealer training school.
991Any applicant for a new franchised motor vehicle dealer license
992who has held a valid franchised motor vehicle dealer license
993continuously for the past 2 years and who remains in good
994standing with the department is exempt from the prelicensing
995training requirement. Such seminar shall include, but is not
996limited to, statutory dealer requirements, which requirements
997include required bookkeeping and recordkeeping procedures,
998requirements for the collection of sales and use taxes, and such
999other information that in the opinion of the department will
1000promote good business practices. No seminar may exceed 8 hours
1001in length.
1002     (b)  Each initial license application received by the
1003department for licensure under subparagraph (1)(c)2. shall must
1004be accompanied by verification that, within the preceding 6
1005months, the applicant (owner, partner, officer, or director of
1006the applicant, or a full-time employee of the applicant that
1007holds a responsible management-level position) has successfully
1008completed training conducted by a licensed motor vehicle dealer
1009training school. Such training must include training in titling
1010and registration of motor vehicles, laws relating to unfair and
1011deceptive trade practices, laws relating to financing with
1012regard to buy-here, pay-here operations, and such other
1013information that in the opinion of the department will promote
1014good business practices. Successful completion of this training
1015shall be determined by examination administered at the end of
1016the course and attendance of no less than 90 percent of the
1017total hours required by such school. Any applicant who had held
1018a valid motor vehicle dealer's license continuously within the
1019past 2 years and who remains in good standing with the
1020department is exempt from the prelicensing requirements of this
1021section paragraph. The department shall have the authority to
1022adopt any rule necessary for establishing the training
1023curriculum; length of training, which shall not exceed 8 hours
1024for required department topics and shall not exceed an
1025additional 24 hours for topics related to other regulatory
1026agencies' instructor qualifications; and any other requirements
1027under this section. The curriculum for other subjects shall be
1028approved by any and all other regulatory agencies having
1029jurisdiction over specific subject matters; however, the overall
1030administration of the licensing of these dealer schools and
1031their instructors shall remain with the department. Such schools
1032are authorized to charge a fee. This privatized method for
1033training applicants for dealer licensing pursuant to
1034subparagraph (1)(c)2. is a pilot program that shall be evaluated
1035by the department after it has been in operation for a period of
10362 years.
1037     (6)  RECORDS TO BE KEPT BY LICENSEE.-Every licensee shall
1038keep a book or record in either paper or electronic such form as
1039shall be prescribed or approved by the department for a period
1040of 5 years, in which the licensee shall keep a record of the
1041purchase, sale, or exchange, or receipt for the purpose of sale,
1042of any motor vehicle, the date upon which any temporary tag was
1043issued, the date of title transfer, and a description of such
1044motor vehicle together with the name and address of the seller,
1045the purchaser, and the alleged owner or other person from whom
1046such motor vehicle was purchased or received or to whom it was
1047sold or delivered, as the case may be. Such description shall
1048include the identification or engine number, maker's number, if
1049any, chassis number, if any, and such other numbers or
1050identification marks as may be thereon and shall also include a
1051statement that a number has been obliterated, defaced, or
1052changed, if such is the fact. When a licensee chooses to
1053maintain electronic records, the original paper documents may be
1054destroyed after the licensee successfully transfers title and
1055registration to the purchaser as required by chapter 319 for any
1056purchaser who titles and registers the motor vehicle in this
1057state. In the case of a sale to a purchaser who will title and
1058register the motor vehicle in another state or country, the
1059licensee may destroy the original paper documents after
1060successfully delivering a lawfully reassigned title or
1061manufacturer's certificate or statement of origin to the
1062purchaser and after producing electronic images of all documents
1063related to the sale.
1064     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
1065     (a)  The department may deny, suspend, or revoke any
1066license issued hereunder or under the provisions of s. 320.77 or
1067s. 320.771, upon proof that an applicant or a licensee has
1068committed any of the following activities:
1069     1.  Committed Commission of fraud or willful
1070misrepresentation in application for or in obtaining a license.
1071     2.  Been convicted Conviction of a felony.
1072     3.  Failed Failure to honor a bank draft or check given to
1073a motor vehicle dealer for the purchase of a motor vehicle by
1074another motor vehicle dealer within 10 days after notification
1075that the bank draft or check has been dishonored. If the
1076transaction is disputed, the maker of the bank draft or check
1077shall post a bond in accordance with the provisions of s.
1078559.917, and no proceeding for revocation or suspension shall be
1079commenced until the dispute is resolved.
1080     4.a.  Failed to provide payment within 10 business days to
1081the department for a check payable to the department that was
1082dishonored due to insufficient funds in the amount due plus any
1083statutorily authorized fee for uttering a worthless check. The
1084department shall notify an applicant or licensee when the
1085applicant or licensee makes payment to the department by a check
1086that is subsequently dishonored by the bank due to insufficient
1087funds. The applicant or licensee shall, within 10 business days
1088after receiving the notice, provide payment to the department in
1089the form of cash in the amount due plus any statutorily
1090authorized fee. If the applicant or licensee fails to make such
1091payment within 10 business days, the department may deny,
1092suspend, or revoke the applicant's or licensee's motor vehicle
1093dealer license.
1094     b.  Stopped payment on a check payable to the department,
1095issued a check payable to the department from an account that
1096has been closed, or charged back a credit card transaction to
1097the department. If an applicant or licensee commits any such
1098act, the department may deny, suspend, or revoke the applicant's
1099or licensee's motor vehicle dealer license.
1100     5.a.  Failed to provide payment in the amount of tuition
1101due plus any statutorily authorized fee within 10 business days
1102to a licensed motor vehicle dealer training school for a check
1103payable to the school that was dishonored due to insufficient
1104funds in the amount of tuition due plus any statutorily
1105authorized fee for uttering a worthless check. A licensed motor
1106vehicle dealer training school shall notify a student when the
1107student makes payment to the school by a check that is
1108subsequently dishonored by the bank due to insufficient funds.
1109The student shall, within 10 business days after receiving the
1110notice, provide payment to the school in a manner designated by
1111the school in the amount of tuition due plus any statutorily
1112authorized fee. If the student fails to make such payment within
111310 business days, the motor vehicle dealer training school may
1114cancel the training certificate issued to the student and notify
1115the department of the cancellation of the training certificate.
1116     b.  Stopped payment on a check payable to a licensed motor
1117vehicle dealer training school, issued a check payable to a
1118licensed motor vehicle dealer training school from an account
1119that has been closed, or charged back a credit card transaction
1120to a licensed motor vehicle dealer training school. If a student
1121commits any such act, the motor vehicle dealer training school
1122may cancel the training certificate issued to the student and
1123notify the department of the cancellation of the training
1124certificate.
1125     Section 12.  Subsection (4) of section 322.0261, Florida
1126Statutes, is amended to read:
1127     322.0261  Driver improvement course; requirement to
1128maintain driving privileges; failure to complete; department
1129approval of course.-
1130     (4)  The department shall identify any operator convicted
1131of, or who pleaded nolo contendere to, a violation of s.
1132316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
1133316.192 and, unless the court has withheld adjudication, shall
1134require that operator, in addition to other applicable
1135penalties, to attend a department-approved driver improvement
1136course in order to maintain driving privileges. The department
1137shall, within 10 days after receiving a notice of judicial
1138disposition, send notice to the operator of the requirement to
1139attend a driver improvement course. If the operator fails to
1140complete the course within 90 days after receiving notice from
1141the department, the operator's driver license shall be canceled
1142by the department until the course is successfully completed.
1143     Section 13.  This act shall take effect July 1, 2010.


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