Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 616
       
       
       
       
       
       
                                Ì200912sÎ200912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2018           .                                
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       The Committee on Commerce and Tourism (Passidomo) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (c) and (d) of subsection (1) and
    6  subsections (2), (3), and (4) of section 320.27, Florida
    7  Statutes, are amended to read:
    8         320.27 Motor vehicle dealers.—
    9         (1) DEFINITIONS.—The following words, terms, and phrases
   10  when used in this section have the meanings respectively
   11  ascribed to them in this subsection, except where the context
   12  clearly indicates a different meaning:
   13         (c) “Motor vehicle dealer” means any person engaged in the
   14  business of buying, selling, or leasing dealing in motor
   15  vehicles or offering or displaying motor vehicles for sale or
   16  lease at wholesale, excluding sales from a manufacturer, factory
   17  branch, distributor, or importer licensed pursuant to s. 320.61
   18  to a franchised motor vehicle dealer licensed pursuant to this
   19  section, or at retail, or who may service and repair motor
   20  vehicles pursuant to an agreement as defined in s. 320.60(1).
   21  Any person who buys, sells, or leases deals in three or more
   22  motor vehicles in any 12-month period or who offers or displays
   23  for sale or lease three or more motor vehicles in any 12-month
   24  period is shall be prima facie presumed to be a motor vehicle
   25  dealer. Any person who engages in any of the following
   26  activities is deemed to be a motor vehicle dealer: possessing,
   27  storing, or displaying motor vehicles that such person offers
   28  for retail sale or lease; advertising motor vehicles held in
   29  inventory which such person offers for retail sale or lease;
   30  compensating customers for vehicles at wholesale or retail, also
   31  known as trade-ins; negotiating with customers regarding the
   32  terms of sale or lease for a motor vehicle; providing test
   33  drives of motor vehicles that such person offers for retail sale
   34  or lease; delivering or arranging for the delivery of a motor
   35  vehicle in conjunction with the retail sale or lease of the
   36  motor vehicle by such person engaged in such business. The terms
   37  “selling” and “sale” include lease-purchase transactions. A
   38  motor vehicle dealer may, at retail or wholesale, sell a
   39  recreational vehicle as described in s. 320.01(1)(b)1.-6. and
   40  8., acquired in exchange for the sale or lease of a motor
   41  vehicle, provided such acquisition is incidental to the
   42  principal business of being a motor vehicle dealer. However, a
   43  motor vehicle dealer may not buy a recreational vehicle for the
   44  purpose of resale unless licensed as a recreational vehicle
   45  dealer pursuant to s. 320.771. A motor vehicle dealer may apply
   46  for a certificate of title to a motor vehicle required to be
   47  registered under s. 320.08(2)(b), (c), and (d), using a
   48  manufacturer’s statement of origin as permitted by s. 319.23(1),
   49  only if such dealer is authorized by a franchised agreement as
   50  defined in s. 320.60(1), to buy, sell, or deal in such vehicle
   51  and is authorized by such agreement to perform delivery and
   52  preparation obligations and warranty defect adjustments on the
   53  motor vehicle; provided this limitation shall not apply to
   54  recreational vehicles, van conversions, or any other motor
   55  vehicle manufactured on a truck chassis. The transfer of a motor
   56  vehicle by a dealer not meeting these qualifications shall be
   57  titled as a used vehicle. The classifications of motor vehicle
   58  dealers are defined as follows:
   59         1. “Franchised motor vehicle dealer” means any person who
   60  engages in the business of repairing, servicing, buying,
   61  selling, or leasing dealing in motor vehicles pursuant to an
   62  agreement as defined in s. 320.60(1). A motor vehicle dealer may
   63  apply for a certificate of title to a motor vehicle required to
   64  be registered under s. 320.08(2)(b), (c), and (d) or s.
   65  320.08(3)(a), (b), or (c), using a manufacturer’s statement of
   66  origin as permitted by s. 319.23(1), only if such dealer is
   67  authorized by a franchise agreement as defined in s. 320.60(1)
   68  to buy, sell, or lease such vehicles and to perform delivery and
   69  preparation obligations and warranty defect adjustments on the
   70  motor vehicle. This limitation does not apply to recreational
   71  vehicles, van conversions, or any other motor vehicle
   72  manufactured on a truck chassis. A motor vehicle dealer may not
   73  transfer a manufacturer’s statement of origin for a motor
   74  vehicle to any person who intends to sell such motor vehicle in
   75  this state unless such person is a licensed motor vehicle dealer
   76  authorized by a franchise agreement to buy, sell, or lease such
   77  vehicles.
   78         2. “Independent motor vehicle dealer” means any person
   79  other than a franchised or wholesale motor vehicle dealer who
   80  engages in the business of buying, selling, or leasing dealing
   81  in motor vehicles, and who may service and repair motor
   82  vehicles.
   83         3. “Wholesale motor vehicle dealer” means any person who
   84  engages exclusively in the business of buying or, selling, or
   85  dealing in motor vehicles at wholesale or with motor vehicle
   86  auctions. Such person shall be licensed to do business in this
   87  state, shall not sell or auction a vehicle to any person who is
   88  not a licensed dealer, and shall not have the privilege of the
   89  use of dealer license plates. Any person who buys, sells, or
   90  deals in motor vehicles at wholesale or with motor vehicle
   91  auctions on behalf of a licensed motor vehicle dealer and as a
   92  bona fide employee of such licensed motor vehicle dealer is not
   93  required to be licensed as a wholesale motor vehicle dealer. In
   94  such cases it shall be prima facie presumed that a bona fide
   95  employer-employee relationship exists. A wholesale motor vehicle
   96  dealer shall be exempt from the display provisions of this
   97  section but shall maintain an office wherein records are kept in
   98  order that those records may be inspected.
   99         4. “Motor vehicle auction” means any person offering motor
  100  vehicles or recreational vehicles for sale to the highest bidder
  101  where buyers are licensed motor vehicle dealers. Such person
  102  shall not sell a vehicle to anyone other than a licensed motor
  103  vehicle dealer.
  104         5. “Salvage motor vehicle dealer” means any person who
  105  engages in the business of acquiring salvaged or wrecked motor
  106  vehicles for the purpose of reselling them and their parts.
  107  
  108  Notwithstanding anything in this subsection to the contrary, the
  109  term “motor vehicle dealer” does not include persons not engaged
  110  in the purchase, or sale, or lease of motor vehicles as a
  111  business who are disposing of vehicles acquired for their own
  112  use or for use in their business or acquired by foreclosure or
  113  by operation of law, provided such vehicles are acquired and
  114  sold in good faith and not for the purpose of avoiding the
  115  provisions of this law; persons engaged in the business of
  116  manufacturing, selling, or offering or displaying for sale or
  117  lease at wholesale or retail no more than 25 trailers in a 12
  118  month period; public officers while performing their official
  119  duties; receivers; trustees, administrators, executors,
  120  guardians, or other persons appointed by, or acting under the
  121  judgment or order of, any court; banks, finance companies, or
  122  other loan agencies that acquire motor vehicles as an incident
  123  to their regular business; motor vehicle brokers; persons whose
  124  sole dealing in motor vehicles is owning a publication in which,
  125  or hosting a website on which, licensed motor vehicle dealers
  126  display vehicles for sale; persons primarily engaged in the
  127  business of the short-term rental of motor vehicles, which
  128  rental term may not exceed 12 months, who are not involved in
  129  the retail sale or lease of motor vehicles; and motor vehicle
  130  rental and leasing companies that sell motor vehicles only to
  131  motor vehicle dealers licensed under this section. Vehicles
  132  owned under circumstances described in this paragraph may be
  133  disposed of at retail, wholesale, or auction, unless otherwise
  134  restricted. A manufacturer of fire trucks, ambulances, or school
  135  buses may sell such vehicles directly to governmental agencies
  136  or to persons who contract to perform or provide firefighting,
  137  ambulance, or school transportation services exclusively to
  138  governmental agencies without processing such sales through
  139  dealers if such fire trucks, ambulances, school buses, or
  140  similar vehicles are not presently available through motor
  141  vehicle dealers licensed by the department.
  142         (d) “Motor vehicle broker” means any person engaged in the
  143  business of, or who holds himself or herself out through
  144  solicitation, advertisement, or other means as being in the
  145  business of, assisting offering to procure or procuring motor
  146  vehicles for the general public in purchasing or leasing a motor
  147  vehicle from a licensed motor vehicle dealer. A motor vehicle
  148  broker may, or who holds himself or herself out through
  149  solicitation, advertisement, or otherwise as one who offers to
  150  procure or procures motor vehicles for the general public, and
  151  who does not store, display, or take ownership of any vehicles
  152  for the purpose of selling such vehicles. Any advertisement or
  153  solicitation by a motor vehicle broker must include conspicuous
  154  notice that the broker is receiving a fee and must clearly state
  155  that the broker is not a licensed motor vehicle dealer. A
  156  licensed manufacturer, distributor, or importer is not
  157  considered a motor vehicle broker.
  158         (2) LICENSE REQUIRED.—No person shall engage in business
  159  as, serve in the capacity of, or act as a motor vehicle dealer
  160  or motor vehicle broker in this state without first obtaining a
  161  license therefor in the appropriate classification as provided
  162  in this section. With the exception of transactions with motor
  163  vehicle auctions, no person other than a licensed motor vehicle
  164  dealer may advertise for sale or lease any motor vehicle
  165  belonging to another party unless as a direct result of a bona
  166  fide legal proceeding, court order, settlement of an estate, or
  167  by contract with a motor vehicle dealer, or by operation of law.
  168  However, owners of motor vehicles titled in their names may
  169  advertise and offer motor vehicles for sale on their own
  170  behalves, provided such vehicles are acquired and sold in good
  171  faith and not for the purpose of avoiding the requirements of
  172  this section behalf. It shall be unlawful for a licensed motor
  173  vehicle dealer to allow any person other than its a bona fide
  174  employee to use the motor vehicle dealer license for the purpose
  175  of acting in the capacity of or conducting motor vehicle sales
  176  or lease transactions as a motor vehicle dealer. Any person
  177  acting selling or offering a motor vehicle for sale in violation
  178  of the licensing requirements of this subsection, or who
  179  misrepresents to any person his or her its relationship with any
  180  manufacturer, importer, or distributor, or motor vehicle dealer,
  181  in addition to the penalties provided herein, shall be deemed to
  182  have committed guilty of an unfair and deceptive trade practice
  183  as defined in violation of part II of chapter 501 and shall be
  184  subject to the provisions of subsections (8) and (9).
  185         (3) APPLICATION AND FEE.—The application for the license
  186  shall be in such form as may be prescribed by the department and
  187  shall be subject to such rules with respect thereto as may be so
  188  prescribed by it. Such application shall be verified by oath or
  189  affirmation and shall contain a full statement of the name and
  190  birth date of the person or persons applying therefor; the name
  191  of the firm or copartnership, with the names and places of
  192  residence of all members thereof, if such applicant is a firm or
  193  copartnership; the names and places of residence of the
  194  principal officers, if the applicant is a body corporate or
  195  other artificial body; the name of the state under whose laws
  196  the corporation is organized; the present and former place or
  197  places of residence of the applicant; and prior business in
  198  which the applicant has been engaged and the location thereof.
  199  Such application shall describe the exact location of the place
  200  of business and shall state whether the place of business is
  201  owned by the applicant and when acquired, or, if leased, a true
  202  copy of the lease shall be attached to the application. The
  203  applicant shall certify that the location provides an adequately
  204  equipped office and is not a residence; that the location
  205  affords sufficient unoccupied space upon and within which
  206  adequately to store all motor vehicles offered and displayed for
  207  sale; and that the location is a suitable place where the
  208  applicant can in good faith carry on such business and keep and
  209  maintain books, records, and files necessary to conduct such
  210  business, which shall be available at all reasonable hours to
  211  inspection by the department or any of its inspectors or other
  212  employees. The applicant shall certify that the business of a
  213  motor vehicle dealer is the principal business which shall be
  214  conducted at that location. The application shall contain a
  215  statement that the applicant is either franchised by a
  216  manufacturer of motor vehicles, in which case the name of each
  217  motor vehicle that the applicant is franchised to sell shall be
  218  included; is, or an independent (nonfranchised) motor vehicle
  219  dealer; or is a motor vehicle broker. The application shall
  220  contain other relevant information as may be required by the
  221  department, including evidence that the applicant is insured
  222  under a garage liability insurance policy or a general liability
  223  insurance policy coupled with a business automobile policy,
  224  which shall include, at a minimum, $25,000 combined single-limit
  225  liability coverage including bodily injury and property damage
  226  protection and $10,000 personal injury protection. However, a
  227  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  228  is exempt from the requirements for garage liability insurance
  229  and personal injury protection insurance on those vehicles that
  230  cannot be legally operated on roads, highways, or streets in
  231  this state. Franchise dealers must submit a garage liability
  232  insurance policy, and all other dealers must submit a garage
  233  liability insurance policy or a general liability insurance
  234  policy coupled with a business automobile policy. Such policy
  235  shall be for the license period, and evidence of a new or
  236  continued policy shall be delivered to the department at the
  237  beginning of each license period. Upon making initial
  238  application, the applicant shall pay to the department a fee of
  239  $300 in addition to any other fees required by law. Applicants
  240  may choose to extend the licensure period for 1 additional year
  241  for a total of 2 years. An initial applicant shall pay to the
  242  department a fee of $300 for the first year and $75 for the
  243  second year, in addition to any other fees required by law. An
  244  applicant for renewal shall pay to the department $75 for a 1
  245  year renewal or $150 for a 2-year renewal, in addition to any
  246  other fees required by law. Upon making an application for a
  247  change of location, the person shall pay a fee of $50 in
  248  addition to any other fees now required by law. The department
  249  shall, in the case of every application for initial licensure,
  250  verify whether certain facts set forth in the application are
  251  true. Each applicant, general partner in the case of a
  252  partnership, or corporate officer and director in the case of a
  253  corporate applicant, must file a set of fingerprints with the
  254  department for the purpose of determining any prior criminal
  255  record or any outstanding warrants. The department shall submit
  256  the fingerprints to the Department of Law Enforcement for state
  257  processing and forwarding to the Federal Bureau of Investigation
  258  for federal processing. The actual cost of state and federal
  259  processing shall be borne by the applicant and is in addition to
  260  the fee for licensure. The department may issue a license to an
  261  applicant pending the results of the fingerprint investigation,
  262  which license is fully revocable if the department subsequently
  263  determines that any facts set forth in the application are not
  264  true or correctly represented.
  265         (4) LICENSE CERTIFICATE.—
  266         (a) A license certificate shall be issued by the department
  267  in accordance with such application when the application is
  268  regular in form and in compliance with the provisions of this
  269  section. The license certificate may be in the form of a
  270  document or a computerized card as determined by the department.
  271  The actual cost of each original, additional, or replacement
  272  computerized card shall be borne by the licensee and is in
  273  addition to the fee for licensure. Such license, when so issued,
  274  entitles the licensee to carry on and conduct the business of a
  275  motor vehicle dealer or motor vehicle broker. Each license
  276  issued to a franchise motor vehicle dealer or motor vehicle
  277  broker expires on December 31 of the year of its expiration
  278  unless revoked or suspended before prior to that date. Each
  279  license issued to an independent or wholesale dealer or auction
  280  expires on April 30 of the year of its expiration unless revoked
  281  or suspended prior to that date. At least 60 days before the
  282  license expiration date, the department shall deliver or mail to
  283  each licensee the necessary renewal forms along with a statement
  284  that the licensee is required to complete any applicable
  285  continuing education or industry certification requirements.
  286  Each independent dealer shall certify that the dealer (owner,
  287  partner, officer, or director of the licensee, or a full-time
  288  employee of the licensee that holds a responsible management
  289  level position) has completed 8 hours of continuing education
  290  prior to filing the renewal forms with the department. Such
  291  certification shall be filed once every 2 years. The continuing
  292  education shall include at least 2 hours of legal or legislative
  293  issues, 1 hour of department issues, and 5 hours of relevant
  294  motor vehicle industry topics. Continuing education shall be
  295  provided by dealer schools licensed under paragraph (b) either
  296  in a classroom setting or by correspondence. Such schools shall
  297  provide certificates of completion to the department and the
  298  customer which shall be filed with the license renewal form, and
  299  such schools may charge a fee for providing continuing
  300  education. Any licensee who does not file his or her application
  301  and fees and any other requisite documents, as required by law,
  302  with the department at least 30 days prior to the license
  303  expiration date shall cease to engage in business as a motor
  304  vehicle dealer on the license expiration date. A renewal filed
  305  with the department within 45 days after the expiration date
  306  shall be accompanied by a delinquent fee of $100. Thereafter, a
  307  new application is required, accompanied by the initial license
  308  fee. A license certificate duly issued by the department may be
  309  modified by endorsement to show a change in the name of the
  310  licensee, provided, as shown by affidavit of the licensee, the
  311  majority ownership interest of the licensee has not changed or
  312  the name of the person appearing as franchisee on the sales and
  313  service agreement has not changed. Modification of a license
  314  certificate to show any name change as herein provided shall not
  315  require initial licensure or reissuance of dealer tags; however,
  316  any dealer obtaining a name change shall transact all business
  317  in and be properly identified by that name. All documents
  318  relative to licensure shall reflect the new name. In the case of
  319  a franchise dealer, the name change shall be approved by the
  320  manufacturer, distributor, or importer. A licensee applying for
  321  a name change endorsement shall pay a fee of $25 which fee shall
  322  apply to the change in the name of a main location and all
  323  additional locations licensed under the provisions of subsection
  324  (5). Each initial license application received by the department
  325  shall be accompanied by verification that, within the preceding
  326  6 months, the applicant, or one or more of his or her designated
  327  employees, has attended a training and information seminar
  328  conducted by a licensed motor vehicle dealer training school.
  329  Any applicant for a new franchised motor vehicle dealer license
  330  who has held a valid franchised motor vehicle dealer license
  331  continuously for the past 2 years and who remains in good
  332  standing with the department is exempt from the prelicensing
  333  training requirement. Such seminar shall include, but is not
  334  limited to, statutory dealer requirements, which requirements
  335  include required bookkeeping and recordkeeping procedures,
  336  requirements for the collection of sales and use taxes, and such
  337  other information that in the opinion of the department will
  338  promote good business practices. No seminar may exceed 8 hours
  339  in length.
  340         (b) Each initial license application received by the
  341  department for licensure under subparagraph (1)(c)2. shall be
  342  accompanied by verification that, within the preceding 6 months,
  343  the applicant (owner, partner, officer, or director of the
  344  applicant, or a full-time employee of the applicant that holds a
  345  responsible management-level position) has successfully
  346  completed training conducted by a licensed motor vehicle dealer
  347  training school. Such training must include training in titling
  348  and registration of motor vehicles, laws relating to unfair and
  349  deceptive trade practices, laws relating to financing with
  350  regard to buy-here, pay-here operations, and such other
  351  information that in the opinion of the department will promote
  352  good business practices. Successful completion of this training
  353  shall be determined by examination administered at the end of
  354  the course and attendance of no less than 90 percent of the
  355  total hours required by such school. Any applicant who had held
  356  a valid motor vehicle dealer’s license continuously within the
  357  past 2 years and who remains in good standing with the
  358  department is exempt from the prelicensing requirements of this
  359  section. The department shall have the authority to adopt any
  360  rule necessary for establishing the training curriculum; length
  361  of training, which shall not exceed 8 hours for required
  362  department topics and shall not exceed an additional 24 hours
  363  for topics related to other regulatory agencies’ instructor
  364  qualifications; and any other requirements under this section.
  365  The curriculum for other subjects shall be approved by any and
  366  all other regulatory agencies having jurisdiction over specific
  367  subject matters; however, the overall administration of the
  368  licensing of these dealer schools and their instructors shall
  369  remain with the department. Such schools are authorized to
  370  charge a fee.
  371         (c) Each application received by the department for renewal
  372  of a license under subparagraph (1)(c)2. must certify that the
  373  dealer (owner, partner, officer, or director of the licensee, or
  374  a full-time employee of the licensee that holds a responsible
  375  management-level position) has completed 8 hours of continuing
  376  education prior to filing the renewal forms with the department.
  377  Such certification must be filed once every 2 years. The
  378  continuing education must include at least 2 hours of legal or
  379  legislative issues, 1 hour of department issues, and 5 hours of
  380  relevant motor vehicle industry topics. Continuing education
  381  shall be provided by dealer schools licensed under paragraph (b)
  382  either in a classroom setting or by correspondence. Such schools
  383  shall provide certificates of completion to the department and
  384  the customer which shall be filed with the license renewal form,
  385  and such schools may charge a fee for providing continuing
  386  education.
  387         (d) Each application received by the department for renewal
  388  of a license under subparagraph (1)(c)1. must certify that the
  389  dealer (dealer operator, owner, partner, officer, director, or
  390  general manager of the licensee) has completed 4 hours of
  391  industry certification on legal and legislative issues each year
  392  prior to filing the renewal forms with the department. Industry
  393  certification shall be provided by a Florida-based, nonprofit,
  394  dealer-owned, statewide industry association of franchised motor
  395  vehicle dealers with state and federal compliance credentials
  396  approved by the department, and shall be in a classroom setting
  397  in convenient locations within the state. Such association shall
  398  provide certificates of completion to the department and the
  399  customer which shall be filed with the license renewal form. An
  400  application for renewal of a license previously issued for 1
  401  year must be accompanied by a certificate establishing
  402  completion of 4 hours of industry certification during the prior
  403  year. An application for renewal of a license previously issued
  404  for 2 years must be accompanied by certificates establishing
  405  completion of 8 hours of industry certification, except that
  406  renewal of a 2 year license that expires on December 31, 2019,
  407  must be accompanied by a certificate establishing completion of
  408  4 hours of industry certification. An association may charge a
  409  fee for providing the industry certification. In the case of
  410  licensees belonging to a dealership group, the required industry
  411  certification may be satisfied for all licensees in the
  412  dealership group through completion of the industry
  413  certification by a single designated owner, officer, director,
  414  or manager of the dealership group. For purposes of this
  415  section, a dealership group is two or more licensed franchised
  416  motor vehicle dealers with common owners having legal or
  417  equitable title of at least 80 percent of each dealer in the
  418  group. A licensee who seeks to satisfy the required industry
  419  certification through a dealership group must provide the
  420  department with evidence of the required common ownership at the
  421  time of filing the certificate of completion.
  422         Section 2. This act shall take effect January 1, 2019.
  423  
  424  ================= T I T L E  A M E N D M E N T ================
  425  And the title is amended as follows:
  426         Delete everything before the enacting clause
  427  and insert:
  428                        A bill to be entitled                      
  429         An act relating to motor vehicle dealers; amending s.
  430         320.27, F.S.; revising the definitions of the terms
  431         “motor vehicle dealer,” “franchised motor vehicle
  432         dealer,” “independent motor vehicle dealer,”
  433         “wholesale motor vehicle dealer,” and “motor vehicle
  434         broker”; prohibiting persons from engaging in business
  435         as, serving in the capacity of, or acting as a motor
  436         vehicle broker in this state without first obtaining a
  437         certain license; adding an exception to the
  438         prohibition on persons other than a licensed motor
  439         vehicle dealer from advertising for sale or lease any
  440         motor vehicle belonging to another party; authorizing
  441         owners of motor vehicles titled in their names to
  442         advertise and offer motor vehicles for sale on their
  443         own behalves provided such vehicles are acquired and
  444         sold in good faith and not for the purpose of avoiding
  445         specified requirements; prohibiting a licensed motor
  446         vehicle dealer from allowing any person other than its
  447         bona fide employee to use its motor vehicle dealer
  448         license for the purpose of acting in the capacity of
  449         or conducting motor vehicle lease transactions as a
  450         motor vehicle dealer; providing that any person acting
  451         in violation of specified licensing requirements or
  452         misrepresenting to any person his or her relationship
  453         with any motor vehicle dealer is deemed to have
  454         committed an unfair and deceptive trade practice in
  455         violation of specified provisions; requiring an
  456         application for a license to contain a statement that
  457         the applicant is a motor vehicle broker under certain
  458         circumstances; providing that a certain license
  459         entitles a licensee to carry on and conduct the
  460         business of a motor vehicle broker; providing that
  461         each license issued to a motor vehicle broker expires
  462         on a specified date of the year of its expiration
  463         unless revoked or suspended before that date;
  464         requiring, within a specified timeframe, the
  465         Department of Highway Safety and Motor Vehicles to
  466         deliver or mail to each licensee the necessary renewal
  467         forms along with a statement that the licensee is
  468         required to complete any applicable continuing
  469         education or industry certification requirements;
  470         deleting certain continuing education and
  471         certification requirements; requiring applications
  472         received by the department for renewal of independent
  473         motor vehicle dealer licenses to certify that the
  474         dealer has completed continuing education prior to
  475         filing the renewal forms with the department, subject
  476         to certain requirements; providing requirements for
  477         continuing education and dealer schools; authorizing
  478         such schools to charge a fee for providing continuing
  479         education; requiring applications received by the
  480         department for renewal of franchised motor vehicle
  481         dealer licenses to certify that the dealer has
  482         completed certain industry certification prior to
  483         filing the renewal forms with the department, subject
  484         to certain requirements; providing requirements for
  485         industry certification and certain statewide industry
  486         associations of franchised motor vehicle dealers;
  487         authorizing an association to charge a fee for
  488         providing the industry certification; authorizing
  489         industry certification for licensees belonging to a
  490         certain dealership group to be accomplished by a
  491         certain designated person; requiring a licensee who
  492         seeks to satisfy the certification through a
  493         dealership group to provide the department with
  494         certain evidence at the time of filing the certificate
  495         of completion; providing an effective date.