Florida Senate - 2018                                     SB 290
       By Senator Rouson
       19-00517-18                                            2018290__
    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 for motor vehicle registration to include
    5         language to indicate an applicant is hearing impaired;
    6         requiring such information to be included in certain
    7         databases; amending s. 320.27, F.S.; conforming a
    8         cross-reference; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Subsections (14) through (19) of section 320.02,
   13  Florida Statutes, are renumbered as subsections (15) through
   14  (20), respectively, and a new subsection (14) is added to that
   15  section, to read:
   16         320.02 Registration required; application for registration;
   17  forms.—
   18         (14)The application form for motor vehicle registration
   19  must include language allowing an applicant who is hearing
   20  impaired to voluntarily indicate that he or she is hearing
   21  impaired. If the applicant indicates on the application that he
   22  or she is hearing impaired, such information must be included in
   23  the Florida Crime Information Center system and the Driver and
   24  Vehicle Information Database.
   25         Section 2. Paragraph (b) of subsection (9) of section
   26  320.27, Florida Statutes, is amended to read:
   27         320.27 Motor vehicle dealers.—
   29         (b) The department may deny, suspend, or revoke any license
   30  issued hereunder or under the provisions of s. 320.77 or s.
   31  320.771 upon proof that a licensee has committed, with
   32  sufficient frequency so as to establish a pattern of wrongdoing
   33  on the part of a licensee, violations of one or more of the
   34  following activities:
   35         1. Representation that a demonstrator is a new motor
   36  vehicle, or the attempt to sell or the sale of a demonstrator as
   37  a new motor vehicle without written notice to the purchaser that
   38  the vehicle is a demonstrator. For the purposes of this section,
   39  a “demonstrator,” a “new motor vehicle,” and a “used motor
   40  vehicle” shall be defined as under s. 320.60.
   41         2. Unjustifiable refusal to comply with a licensee’s
   42  responsibility under the terms of the new motor vehicle warranty
   43  issued by its respective manufacturer, distributor, or importer.
   44  However, if such refusal is at the direction of the
   45  manufacturer, distributor, or importer, such refusal shall not
   46  be a ground under this section.
   47         3. Misrepresentation or false, deceptive, or misleading
   48  statements with regard to the sale or financing of motor
   49  vehicles which any motor vehicle dealer has, or causes to have,
   50  advertised, printed, displayed, published, distributed,
   51  broadcast, televised, or made in any manner with regard to the
   52  sale or financing of motor vehicles.
   53         4. Failure by any motor vehicle dealer to provide a
   54  customer or purchaser with an odometer disclosure statement and
   55  a copy of any bona fide written, executed sales contract or
   56  agreement of purchase connected with the purchase of the motor
   57  vehicle purchased by the customer or purchaser.
   58         5. Failure of any motor vehicle dealer to comply with the
   59  terms of any bona fide written, executed agreement, pursuant to
   60  the sale of a motor vehicle.
   61         6. Failure to apply for transfer of a title as prescribed
   62  in s. 319.23(6).
   63         7. Use of the dealer license identification number by any
   64  person other than the licensed dealer or his or her designee.
   65         8. Failure to continually meet the requirements of the
   66  licensure law.
   67         9. Representation to a customer or any advertisement to the
   68  public representing or suggesting that a motor vehicle is a new
   69  motor vehicle if such vehicle lawfully cannot be titled in the
   70  name of the customer or other member of the public by the seller
   71  using a manufacturer’s statement of origin as permitted in s.
   72  319.23(1).
   73         10. Requirement by any motor vehicle dealer that a customer
   74  or purchaser accept equipment on his or her motor vehicle which
   75  was not ordered by the customer or purchaser.
   76         11. Requirement by any motor vehicle dealer that any
   77  customer or purchaser finance a motor vehicle with a specific
   78  financial institution or company.
   79         12. Requirement by any motor vehicle dealer that the
   80  purchaser of a motor vehicle contract with the dealer for
   81  physical damage insurance.
   82         13. Perpetration of a fraud upon any person as a result of
   83  dealing in motor vehicles, including, without limitation, the
   84  misrepresentation to any person by the licensee of the
   85  licensee’s relationship to any manufacturer, importer, or
   86  distributor.
   87         14. Violation of any of the provisions of s. 319.35 by any
   88  motor vehicle dealer.
   89         15. Sale by a motor vehicle dealer of a vehicle offered in
   90  trade by a customer prior to consummation of the sale, exchange,
   91  or transfer of a newly acquired vehicle to the customer, unless
   92  the customer provides written authorization for the sale of the
   93  trade-in vehicle prior to delivery of the newly acquired
   94  vehicle.
   95         16. Willful failure to comply with any administrative rule
   96  adopted by the department or the provisions of s. 320.131(8).
   97         17. Violation of chapter 319, this chapter, or ss. 559.901
   98  559.9221, which has to do with dealing in or repairing motor
   99  vehicles or mobile homes. Additionally, in the case of used
  100  motor vehicles, the willful violation of the federal law and
  101  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  102  consumer sales window form.
  103         18. Failure to maintain evidence of notification to the
  104  owner or coowner of a vehicle regarding registration or titling
  105  fees owed as required in s. 320.02(17) 320.02(16).
  106         19. Failure to register a mobile home salesperson with the
  107  department as required by this section.
  108         Section 3. This act shall take effect July 1, 2018.