Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 290
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle registration
    3         applications; amending s. 320.02, F.S.; requiring the
    4         application form for motor vehicle registration to
    5         include language to indicate an applicant is deaf or
    6         hard of hearing; requiring such information to be
    7         included in certain databases; amending s. 320.27,
    8         F.S.; conforming a cross-reference; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsections (14) through (19) of section 320.02,
   14  Florida Statutes, are renumbered as subsections (15) through
   15  (20), respectively, and a new subsection (14) is added to that
   16  section, to read:
   17         320.02 Registration required; application for registration;
   18  forms.—
   19         (14)The application form for motor vehicle registration
   20  must include language allowing an applicant who is deaf or hard
   21  of hearing to voluntarily indicate that he or she is deaf or
   22  hard of hearing. If the applicant indicates on the application
   23  form that he or she is deaf or hard of hearing, such information
   24  must be included in the Florida Crime Information Center system
   25  and the Driver and Vehicle Information Database.
   26         Section 2. Paragraph (b) of subsection (9) of section
   27  320.27, Florida Statutes, is amended to read:
   28         320.27 Motor vehicle dealers.—
   30         (b) The department may deny, suspend, or revoke any license
   31  issued hereunder or under the provisions of s. 320.77 or s.
   32  320.771 upon proof that a licensee has committed, with
   33  sufficient frequency so as to establish a pattern of wrongdoing
   34  on the part of a licensee, violations of one or more of the
   35  following activities:
   36         1. Representation that a demonstrator is a new motor
   37  vehicle, or the attempt to sell or the sale of a demonstrator as
   38  a new motor vehicle without written notice to the purchaser that
   39  the vehicle is a demonstrator. For the purposes of this section,
   40  a “demonstrator,” a “new motor vehicle,” and a “used motor
   41  vehicle” shall be defined as under s. 320.60.
   42         2. Unjustifiable refusal to comply with a licensee’s
   43  responsibility under the terms of the new motor vehicle warranty
   44  issued by its respective manufacturer, distributor, or importer.
   45  However, if such refusal is at the direction of the
   46  manufacturer, distributor, or importer, such refusal shall not
   47  be a ground under this section.
   48         3. Misrepresentation or false, deceptive, or misleading
   49  statements with regard to the sale or financing of motor
   50  vehicles which any motor vehicle dealer has, or causes to have,
   51  advertised, printed, displayed, published, distributed,
   52  broadcast, televised, or made in any manner with regard to the
   53  sale or financing of motor vehicles.
   54         4. Failure by any motor vehicle dealer to provide a
   55  customer or purchaser with an odometer disclosure statement and
   56  a copy of any bona fide written, executed sales contract or
   57  agreement of purchase connected with the purchase of the motor
   58  vehicle purchased by the customer or purchaser.
   59         5. Failure of any motor vehicle dealer to comply with the
   60  terms of any bona fide written, executed agreement, pursuant to
   61  the sale of a motor vehicle.
   62         6. Failure to apply for transfer of a title as prescribed
   63  in s. 319.23(6).
   64         7. Use of the dealer license identification number by any
   65  person other than the licensed dealer or his or her designee.
   66         8. Failure to continually meet the requirements of the
   67  licensure law.
   68         9. Representation to a customer or any advertisement to the
   69  public representing or suggesting that a motor vehicle is a new
   70  motor vehicle if such vehicle lawfully cannot be titled in the
   71  name of the customer or other member of the public by the seller
   72  using a manufacturer’s statement of origin as permitted in s.
   73  319.23(1).
   74         10. Requirement by any motor vehicle dealer that a customer
   75  or purchaser accept equipment on his or her motor vehicle which
   76  was not ordered by the customer or purchaser.
   77         11. Requirement by any motor vehicle dealer that any
   78  customer or purchaser finance a motor vehicle with a specific
   79  financial institution or company.
   80         12. Requirement by any motor vehicle dealer that the
   81  purchaser of a motor vehicle contract with the dealer for
   82  physical damage insurance.
   83         13. Perpetration of a fraud upon any person as a result of
   84  dealing in motor vehicles, including, without limitation, the
   85  misrepresentation to any person by the licensee of the
   86  licensee’s relationship to any manufacturer, importer, or
   87  distributor.
   88         14. Violation of any of the provisions of s. 319.35 by any
   89  motor vehicle dealer.
   90         15. Sale by a motor vehicle dealer of a vehicle offered in
   91  trade by a customer prior to consummation of the sale, exchange,
   92  or transfer of a newly acquired vehicle to the customer, unless
   93  the customer provides written authorization for the sale of the
   94  trade-in vehicle prior to delivery of the newly acquired
   95  vehicle.
   96         16. Willful failure to comply with any administrative rule
   97  adopted by the department or the provisions of s. 320.131(8).
   98         17. Violation of chapter 319, this chapter, or ss. 559.901
   99  559.9221, which has to do with dealing in or repairing motor
  100  vehicles or mobile homes. Additionally, in the case of used
  101  motor vehicles, the willful violation of the federal law and
  102  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  103  consumer sales window form.
  104         18. Failure to maintain evidence of notification to the
  105  owner or coowner of a vehicle regarding registration or titling
  106  fees owed as required in s. 320.02(17) s. 320.02(16).
  107         19. Failure to register a mobile home salesperson with the
  108  department as required by this section.
  109         Section 3. This act shall take effect October 1, 2018.