Florida Senate - 2018                       CS for CS for SB 616
       
       
        
       By the Committees on Commerce and Tourism; and Transportation;
       and Senators Passidomo, Perry, and Hutson
       
       
       
       
       577-02328-18                                           2018616c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle dealers; amending s.
    3         320.27, F.S.; revising the definitions of the terms
    4         “motor vehicle dealer,” “franchised motor vehicle
    5         dealer,” “independent motor vehicle dealer,”
    6         “wholesale motor vehicle dealer,” and “motor vehicle
    7         broker”; prohibiting persons from engaging in business
    8         as, serving in the capacity of, or acting as a motor
    9         vehicle broker in this state without first obtaining a
   10         certain license; adding an exception to the
   11         prohibition on persons other than a licensed motor
   12         vehicle dealer from advertising for sale or lease any
   13         motor vehicle belonging to another party; authorizing
   14         owners of motor vehicles titled in their names to
   15         advertise and offer motor vehicles for sale on their
   16         own behalves provided such vehicles are acquired and
   17         sold in good faith and not for the purpose of avoiding
   18         specified requirements; prohibiting a licensed motor
   19         vehicle dealer from allowing any person other than its
   20         bona fide employee to use its motor vehicle dealer
   21         license for the purpose of acting in the capacity of
   22         or conducting motor vehicle lease transactions as a
   23         motor vehicle dealer; providing that any person acting
   24         in violation of specified licensing requirements or
   25         misrepresenting to any person his or her relationship
   26         with any motor vehicle dealer is deemed to have
   27         committed an unfair and deceptive trade practice in
   28         violation of specified provisions; requiring an
   29         application for a license to contain a statement that
   30         the applicant is a motor vehicle broker under certain
   31         circumstances; providing that a certain license
   32         entitles a licensee to carry on and conduct the
   33         business of a motor vehicle broker; providing that
   34         each license issued to a motor vehicle broker expires
   35         on a specified date of the year of its expiration
   36         unless revoked or suspended before that date;
   37         requiring, within a specified timeframe, the
   38         Department of Highway Safety and Motor Vehicles to
   39         deliver or mail to each licensee the necessary renewal
   40         forms along with a statement that the licensee is
   41         required to complete any applicable continuing
   42         education or industry certification requirements;
   43         deleting certain continuing education and
   44         certification requirements; requiring applications
   45         received by the department for renewal of independent
   46         motor vehicle dealer licenses to certify that the
   47         dealer has completed continuing education prior to
   48         filing the renewal forms with the department, subject
   49         to certain requirements; providing requirements for
   50         continuing education and dealer schools; authorizing
   51         such schools to charge a fee for providing continuing
   52         education; requiring applications received by the
   53         department for renewal of franchised motor vehicle
   54         dealer licenses to certify that the dealer has
   55         completed certain industry certification prior to
   56         filing the renewal forms with the department, subject
   57         to certain requirements; providing requirements for
   58         industry certification and certain statewide industry
   59         associations of franchised motor vehicle dealers;
   60         authorizing an association to charge a fee for
   61         providing the industry certification; authorizing
   62         industry certification for licensees belonging to a
   63         certain dealership group to be accomplished by a
   64         certain designated person; requiring a licensee who
   65         seeks to satisfy the certification through a
   66         dealership group to provide the department with
   67         certain evidence at the time of filing the certificate
   68         of completion; providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Paragraphs (c) and (d) of subsection (1) and
   73  subsections (2), (3), and (4) of section 320.27, Florida
   74  Statutes, are amended to read:
   75         320.27 Motor vehicle dealers.—
   76         (1) DEFINITIONS.—The following words, terms, and phrases
   77  when used in this section have the meanings respectively
   78  ascribed to them in this subsection, except where the context
   79  clearly indicates a different meaning:
   80         (c) “Motor vehicle dealer” means any person engaged in the
   81  business of buying, selling, or leasing dealing in motor
   82  vehicles or offering or displaying motor vehicles for sale or
   83  lease at wholesale, excluding sales from a manufacturer, factory
   84  branch, distributor, or importer licensed pursuant to s. 320.61
   85  to a franchised motor vehicle dealer licensed pursuant to this
   86  section, or at retail, or who may service and repair motor
   87  vehicles pursuant to an agreement as defined in s. 320.60(1).
   88  Any person who buys, sells, or leases deals in three or more
   89  motor vehicles in any 12-month period or who offers or displays
   90  for sale or lease three or more motor vehicles in any 12-month
   91  period is shall be prima facie presumed to be a motor vehicle
   92  dealer. Any person who engages in any of the following
   93  activities is deemed to be a motor vehicle dealer: possessing,
   94  storing, or displaying motor vehicles that such person offers
   95  for retail sale or lease; advertising motor vehicles held in
   96  inventory which such person offers for retail sale or lease;
   97  compensating customers for vehicles at wholesale or retail, also
   98  known as trade-ins; negotiating with customers regarding the
   99  terms of sale or lease for a motor vehicle; providing test
  100  drives of motor vehicles that such person offers for retail sale
  101  or lease; delivering or arranging for the delivery of a motor
  102  vehicle in conjunction with the retail sale or lease of the
  103  motor vehicle by such person engaged in such business. The terms
  104  “selling” and “sale” include lease-purchase transactions. A
  105  motor vehicle dealer may, at retail or wholesale, sell a
  106  recreational vehicle as described in s. 320.01(1)(b)1.-6. and
  107  8., acquired in exchange for the sale or lease of a motor
  108  vehicle, provided such acquisition is incidental to the
  109  principal business of being a motor vehicle dealer. However, a
  110  motor vehicle dealer may not buy a recreational vehicle for the
  111  purpose of resale unless licensed as a recreational vehicle
  112  dealer pursuant to s. 320.771. A motor vehicle dealer may apply
  113  for a certificate of title to a motor vehicle required to be
  114  registered under s. 320.08(2)(b), (c), and (d), using a
  115  manufacturer’s statement of origin as permitted by s. 319.23(1),
  116  only if such dealer is authorized by a franchised agreement as
  117  defined in s. 320.60(1), to buy, sell, or deal in such vehicle
  118  and is authorized by such agreement to perform delivery and
  119  preparation obligations and warranty defect adjustments on the
  120  motor vehicle; provided this limitation shall not apply to
  121  recreational vehicles, van conversions, or any other motor
  122  vehicle manufactured on a truck chassis. The transfer of a motor
  123  vehicle by a dealer not meeting these qualifications shall be
  124  titled as a used vehicle. The classifications of motor vehicle
  125  dealers are defined as follows:
  126         1. “Franchised motor vehicle dealer” means any person who
  127  engages in the business of repairing, servicing, buying,
  128  selling, or leasing dealing in motor vehicles pursuant to an
  129  agreement as defined in s. 320.60(1). A motor vehicle dealer may
  130  apply for a certificate of title to a motor vehicle required to
  131  be registered under s. 320.08(2)(b), (c), and (d) or s.
  132  320.08(3)(a), (b), or (c), using a manufacturer’s statement of
  133  origin as permitted by s. 319.23(1), only if such dealer is
  134  authorized by a franchise agreement as defined in s. 320.60(1)
  135  to buy, sell, or lease such vehicles and to perform delivery and
  136  preparation obligations and warranty defect adjustments on the
  137  motor vehicle. This limitation does not apply to recreational
  138  vehicles, van conversions, or any other motor vehicle
  139  manufactured on a truck chassis. A motor vehicle dealer may not
  140  transfer a manufacturer’s statement of origin for a motor
  141  vehicle to any person who intends to sell such motor vehicle in
  142  this state unless such person is a licensed motor vehicle dealer
  143  authorized by a franchise agreement to buy, sell, or lease such
  144  vehicles.
  145         2. “Independent motor vehicle dealer” means any person
  146  other than a franchised or wholesale motor vehicle dealer who
  147  engages in the business of buying, selling, or leasing dealing
  148  in motor vehicles, and who may service and repair motor
  149  vehicles.
  150         3. “Wholesale motor vehicle dealer” means any person who
  151  engages exclusively in the business of buying or, selling, or
  152  dealing in motor vehicles at wholesale or with motor vehicle
  153  auctions. Such person shall be licensed to do business in this
  154  state, shall not sell or auction a vehicle to any person who is
  155  not a licensed dealer, and shall not have the privilege of the
  156  use of dealer license plates. Any person who buys, sells, or
  157  deals in motor vehicles at wholesale or with motor vehicle
  158  auctions on behalf of a licensed motor vehicle dealer and as a
  159  bona fide employee of such licensed motor vehicle dealer is not
  160  required to be licensed as a wholesale motor vehicle dealer. In
  161  such cases it shall be prima facie presumed that a bona fide
  162  employer-employee relationship exists. A wholesale motor vehicle
  163  dealer shall be exempt from the display provisions of this
  164  section but shall maintain an office wherein records are kept in
  165  order that those records may be inspected.
  166         4. “Motor vehicle auction” means any person offering motor
  167  vehicles or recreational vehicles for sale to the highest bidder
  168  where buyers are licensed motor vehicle dealers. Such person
  169  shall not sell a vehicle to anyone other than a licensed motor
  170  vehicle dealer.
  171         5. “Salvage motor vehicle dealer” means any person who
  172  engages in the business of acquiring salvaged or wrecked motor
  173  vehicles for the purpose of reselling them and their parts.
  174  
  175  Notwithstanding anything in this subsection to the contrary, the
  176  term “motor vehicle dealer” does not include persons not engaged
  177  in the purchase, or sale, or lease of motor vehicles as a
  178  business who are disposing of vehicles acquired for their own
  179  use or for use in their business or acquired by foreclosure or
  180  by operation of law, provided such vehicles are acquired and
  181  sold in good faith and not for the purpose of avoiding the
  182  provisions of this law; persons engaged in the business of
  183  manufacturing, selling, or offering or displaying for sale or
  184  lease at wholesale or retail no more than 25 trailers in a 12
  185  month period; public officers while performing their official
  186  duties; receivers; trustees, administrators, executors,
  187  guardians, or other persons appointed by, or acting under the
  188  judgment or order of, any court; banks, finance companies, or
  189  other loan agencies that acquire motor vehicles as an incident
  190  to their regular business; motor vehicle brokers; persons whose
  191  sole dealing in motor vehicles is owning a publication in which,
  192  or hosting a website on which, licensed motor vehicle dealers
  193  display vehicles for sale; persons primarily engaged in the
  194  business of the short-term rental of motor vehicles, which
  195  rental term may not exceed 12 months, who are not involved in
  196  the retail sale or lease of motor vehicles; and motor vehicle
  197  rental and leasing companies that sell motor vehicles only to
  198  motor vehicle dealers licensed under this section. Vehicles
  199  owned under circumstances described in this paragraph may be
  200  disposed of at retail, wholesale, or auction, unless otherwise
  201  restricted. A manufacturer of fire trucks, ambulances, or school
  202  buses may sell such vehicles directly to governmental agencies
  203  or to persons who contract to perform or provide firefighting,
  204  ambulance, or school transportation services exclusively to
  205  governmental agencies without processing such sales through
  206  dealers if such fire trucks, ambulances, school buses, or
  207  similar vehicles are not presently available through motor
  208  vehicle dealers licensed by the department.
  209         (d) “Motor vehicle broker” means any person engaged in the
  210  business of, or who holds himself or herself out through
  211  solicitation, advertisement, or other means as being in the
  212  business of, assisting offering to procure or procuring motor
  213  vehicles for the general public in purchasing or leasing a motor
  214  vehicle from a licensed motor vehicle dealer. A motor vehicle
  215  broker may, or who holds himself or herself out through
  216  solicitation, advertisement, or otherwise as one who offers to
  217  procure or procures motor vehicles for the general public, and
  218  who does not store, display, or take ownership of any vehicles
  219  for the purpose of selling such vehicles. Any advertisement or
  220  solicitation by a motor vehicle broker must include conspicuous
  221  notice that the broker is receiving a fee and must clearly state
  222  that the broker is not a licensed motor vehicle dealer. A
  223  licensed manufacturer, distributor, or importer is not
  224  considered a motor vehicle broker.
  225         (2) LICENSE REQUIRED.—No person shall engage in business
  226  as, serve in the capacity of, or act as a motor vehicle dealer
  227  or motor vehicle broker in this state without first obtaining a
  228  license therefor in the appropriate classification as provided
  229  in this section. With the exception of transactions with motor
  230  vehicle auctions, no person other than a licensed motor vehicle
  231  dealer may advertise for sale or lease any motor vehicle
  232  belonging to another party unless as a direct result of a bona
  233  fide legal proceeding, court order, settlement of an estate, or
  234  by contract with a motor vehicle dealer, or by operation of law.
  235  However, owners of motor vehicles titled in their names may
  236  advertise and offer motor vehicles for sale on their own
  237  behalves, provided such vehicles are acquired and sold in good
  238  faith and not for the purpose of avoiding the requirements of
  239  this section behalf. It shall be unlawful for a licensed motor
  240  vehicle dealer to allow any person other than its a bona fide
  241  employee to use the motor vehicle dealer license for the purpose
  242  of acting in the capacity of or conducting motor vehicle sales
  243  or lease transactions as a motor vehicle dealer. Any person
  244  acting selling or offering a motor vehicle for sale in violation
  245  of the licensing requirements of this subsection, or who
  246  misrepresents to any person his or her its relationship with any
  247  manufacturer, importer, or distributor, or motor vehicle dealer,
  248  in addition to the penalties provided herein, shall be deemed to
  249  have committed guilty of an unfair and deceptive trade practice
  250  as defined in violation of part II of chapter 501 and shall be
  251  subject to the provisions of subsections (8) and (9).
  252         (3) APPLICATION AND FEE.—The application for the license
  253  shall be in such form as may be prescribed by the department and
  254  shall be subject to such rules with respect thereto as may be so
  255  prescribed by it. Such application shall be verified by oath or
  256  affirmation and shall contain a full statement of the name and
  257  birth date of the person or persons applying therefor; the name
  258  of the firm or copartnership, with the names and places of
  259  residence of all members thereof, if such applicant is a firm or
  260  copartnership; the names and places of residence of the
  261  principal officers, if the applicant is a body corporate or
  262  other artificial body; the name of the state under whose laws
  263  the corporation is organized; the present and former place or
  264  places of residence of the applicant; and prior business in
  265  which the applicant has been engaged and the location thereof.
  266  Such application shall describe the exact location of the place
  267  of business and shall state whether the place of business is
  268  owned by the applicant and when acquired, or, if leased, a true
  269  copy of the lease shall be attached to the application. The
  270  applicant shall certify that the location provides an adequately
  271  equipped office and is not a residence; that the location
  272  affords sufficient unoccupied space upon and within which
  273  adequately to store all motor vehicles offered and displayed for
  274  sale; and that the location is a suitable place where the
  275  applicant can in good faith carry on such business and keep and
  276  maintain books, records, and files necessary to conduct such
  277  business, which shall be available at all reasonable hours to
  278  inspection by the department or any of its inspectors or other
  279  employees. The applicant shall certify that the business of a
  280  motor vehicle dealer is the principal business which shall be
  281  conducted at that location. The application shall contain a
  282  statement that the applicant is either franchised by a
  283  manufacturer of motor vehicles, in which case the name of each
  284  motor vehicle that the applicant is franchised to sell shall be
  285  included; is, or an independent (nonfranchised) motor vehicle
  286  dealer; or is a motor vehicle broker. The application shall
  287  contain other relevant information as may be required by the
  288  department, including evidence that the applicant is insured
  289  under a garage liability insurance policy or a general liability
  290  insurance policy coupled with a business automobile policy,
  291  which shall include, at a minimum, $25,000 combined single-limit
  292  liability coverage including bodily injury and property damage
  293  protection and $10,000 personal injury protection. However, a
  294  salvage motor vehicle dealer as defined in subparagraph (1)(c)5.
  295  is exempt from the requirements for garage liability insurance
  296  and personal injury protection insurance on those vehicles that
  297  cannot be legally operated on roads, highways, or streets in
  298  this state. Franchise dealers must submit a garage liability
  299  insurance policy, and all other dealers must submit a garage
  300  liability insurance policy or a general liability insurance
  301  policy coupled with a business automobile policy. Such policy
  302  shall be for the license period, and evidence of a new or
  303  continued policy shall be delivered to the department at the
  304  beginning of each license period. Upon making initial
  305  application, the applicant shall pay to the department a fee of
  306  $300 in addition to any other fees required by law. Applicants
  307  may choose to extend the licensure period for 1 additional year
  308  for a total of 2 years. An initial applicant shall pay to the
  309  department a fee of $300 for the first year and $75 for the
  310  second year, in addition to any other fees required by law. An
  311  applicant for renewal shall pay to the department $75 for a 1
  312  year renewal or $150 for a 2-year renewal, in addition to any
  313  other fees required by law. Upon making an application for a
  314  change of location, the person shall pay a fee of $50 in
  315  addition to any other fees now required by law. The department
  316  shall, in the case of every application for initial licensure,
  317  verify whether certain facts set forth in the application are
  318  true. Each applicant, general partner in the case of a
  319  partnership, or corporate officer and director in the case of a
  320  corporate applicant, must file a set of fingerprints with the
  321  department for the purpose of determining any prior criminal
  322  record or any outstanding warrants. The department shall submit
  323  the fingerprints to the Department of Law Enforcement for state
  324  processing and forwarding to the Federal Bureau of Investigation
  325  for federal processing. The actual cost of state and federal
  326  processing shall be borne by the applicant and is in addition to
  327  the fee for licensure. The department may issue a license to an
  328  applicant pending the results of the fingerprint investigation,
  329  which license is fully revocable if the department subsequently
  330  determines that any facts set forth in the application are not
  331  true or correctly represented.
  332         (4) LICENSE CERTIFICATE.—
  333         (a) A license certificate shall be issued by the department
  334  in accordance with such application when the application is
  335  regular in form and in compliance with the provisions of this
  336  section. The license certificate may be in the form of a
  337  document or a computerized card as determined by the department.
  338  The actual cost of each original, additional, or replacement
  339  computerized card shall be borne by the licensee and is in
  340  addition to the fee for licensure. Such license, when so issued,
  341  entitles the licensee to carry on and conduct the business of a
  342  motor vehicle dealer or motor vehicle broker. Each license
  343  issued to a franchise motor vehicle dealer or motor vehicle
  344  broker expires on December 31 of the year of its expiration
  345  unless revoked or suspended before prior to that date. Each
  346  license issued to an independent or wholesale dealer or auction
  347  expires on April 30 of the year of its expiration unless revoked
  348  or suspended prior to that date. At least 60 days before the
  349  license expiration date, the department shall deliver or mail to
  350  each licensee the necessary renewal forms along with a statement
  351  that the licensee is required to complete any applicable
  352  continuing education or industry certification requirements.
  353  Each independent dealer shall certify that the dealer (owner,
  354  partner, officer, or director of the licensee, or a full-time
  355  employee of the licensee that holds a responsible management
  356  level position) has completed 8 hours of continuing education
  357  prior to filing the renewal forms with the department. Such
  358  certification shall be filed once every 2 years. The continuing
  359  education shall include at least 2 hours of legal or legislative
  360  issues, 1 hour of department issues, and 5 hours of relevant
  361  motor vehicle industry topics. Continuing education shall be
  362  provided by dealer schools licensed under paragraph (b) either
  363  in a classroom setting or by correspondence. Such schools shall
  364  provide certificates of completion to the department and the
  365  customer which shall be filed with the license renewal form, and
  366  such schools may charge a fee for providing continuing
  367  education. Any licensee who does not file his or her application
  368  and fees and any other requisite documents, as required by law,
  369  with the department at least 30 days prior to the license
  370  expiration date shall cease to engage in business as a motor
  371  vehicle dealer on the license expiration date. A renewal filed
  372  with the department within 45 days after the expiration date
  373  shall be accompanied by a delinquent fee of $100. Thereafter, a
  374  new application is required, accompanied by the initial license
  375  fee. A license certificate duly issued by the department may be
  376  modified by endorsement to show a change in the name of the
  377  licensee, provided, as shown by affidavit of the licensee, the
  378  majority ownership interest of the licensee has not changed or
  379  the name of the person appearing as franchisee on the sales and
  380  service agreement has not changed. Modification of a license
  381  certificate to show any name change as herein provided shall not
  382  require initial licensure or reissuance of dealer tags; however,
  383  any dealer obtaining a name change shall transact all business
  384  in and be properly identified by that name. All documents
  385  relative to licensure shall reflect the new name. In the case of
  386  a franchise dealer, the name change shall be approved by the
  387  manufacturer, distributor, or importer. A licensee applying for
  388  a name change endorsement shall pay a fee of $25 which fee shall
  389  apply to the change in the name of a main location and all
  390  additional locations licensed under the provisions of subsection
  391  (5). Each initial license application received by the department
  392  shall be accompanied by verification that, within the preceding
  393  6 months, the applicant, or one or more of his or her designated
  394  employees, has attended a training and information seminar
  395  conducted by a licensed motor vehicle dealer training school.
  396  Any applicant for a new franchised motor vehicle dealer license
  397  who has held a valid franchised motor vehicle dealer license
  398  continuously for the past 2 years and who remains in good
  399  standing with the department is exempt from the prelicensing
  400  training requirement. Such seminar shall include, but is not
  401  limited to, statutory dealer requirements, which requirements
  402  include required bookkeeping and recordkeeping procedures,
  403  requirements for the collection of sales and use taxes, and such
  404  other information that in the opinion of the department will
  405  promote good business practices. No seminar may exceed 8 hours
  406  in length.
  407         (b) Each initial license application received by the
  408  department for licensure under subparagraph (1)(c)2. shall be
  409  accompanied by verification that, within the preceding 6 months,
  410  the applicant (owner, partner, officer, or director of the
  411  applicant, or a full-time employee of the applicant that holds a
  412  responsible management-level position) has successfully
  413  completed training conducted by a licensed motor vehicle dealer
  414  training school. Such training must include training in titling
  415  and registration of motor vehicles, laws relating to unfair and
  416  deceptive trade practices, laws relating to financing with
  417  regard to buy-here, pay-here operations, and such other
  418  information that in the opinion of the department will promote
  419  good business practices. Successful completion of this training
  420  shall be determined by examination administered at the end of
  421  the course and attendance of no less than 90 percent of the
  422  total hours required by such school. Any applicant who had held
  423  a valid motor vehicle dealer’s license continuously within the
  424  past 2 years and who remains in good standing with the
  425  department is exempt from the prelicensing requirements of this
  426  section. The department shall have the authority to adopt any
  427  rule necessary for establishing the training curriculum; length
  428  of training, which shall not exceed 8 hours for required
  429  department topics and shall not exceed an additional 24 hours
  430  for topics related to other regulatory agencies’ instructor
  431  qualifications; and any other requirements under this section.
  432  The curriculum for other subjects shall be approved by any and
  433  all other regulatory agencies having jurisdiction over specific
  434  subject matters; however, the overall administration of the
  435  licensing of these dealer schools and their instructors shall
  436  remain with the department. Such schools are authorized to
  437  charge a fee.
  438         (c) Each application received by the department for renewal
  439  of a license under subparagraph (1)(c)2. must certify that the
  440  dealer (owner, partner, officer, or director of the licensee, or
  441  a full-time employee of the licensee that holds a responsible
  442  management-level position) has completed 8 hours of continuing
  443  education prior to filing the renewal forms with the department.
  444  Such certification must be filed once every 2 years. The
  445  continuing education must include at least 2 hours of legal or
  446  legislative issues, 1 hour of department issues, and 5 hours of
  447  relevant motor vehicle industry topics. Continuing education
  448  shall be provided by dealer schools licensed under paragraph (b)
  449  either in a classroom setting or by correspondence. Such schools
  450  shall provide certificates of completion to the department and
  451  the customer which shall be filed with the license renewal form,
  452  and such schools may charge a fee for providing continuing
  453  education.
  454         (d) Each application received by the department for renewal
  455  of a license under subparagraph (1)(c)1. must certify that the
  456  dealer (dealer operator, owner, partner, officer, director, or
  457  general manager of the licensee) has completed 4 hours of
  458  industry certification on legal and legislative issues each year
  459  prior to filing the renewal forms with the department. Industry
  460  certification shall be provided by a Florida-based, nonprofit,
  461  dealer-owned, statewide industry association of franchised motor
  462  vehicle dealers with state and federal compliance credentials
  463  approved by the department, and shall be in a classroom setting
  464  in convenient locations within the state. Such association shall
  465  provide certificates of completion to the department and the
  466  customer which shall be filed with the license renewal form. An
  467  application for renewal of a license previously issued for 1
  468  year must be accompanied by a certificate establishing
  469  completion of 4 hours of industry certification during the prior
  470  year. An application for renewal of a license previously issued
  471  for 2 years must be accompanied by certificates establishing
  472  completion of 8 hours of industry certification, except that
  473  renewal of a 2 year license that expires on December 31, 2019,
  474  must be accompanied by a certificate establishing completion of
  475  4 hours of industry certification. An association may charge a
  476  fee for providing the industry certification. In the case of
  477  licensees belonging to a dealership group, the required industry
  478  certification may be satisfied for all licensees in the
  479  dealership group through completion of the industry
  480  certification by a single designated owner, officer, director,
  481  or manager of the dealership group. For purposes of this
  482  section, a dealership group is two or more licensed franchised
  483  motor vehicle dealers with common owners having legal or
  484  equitable title of at least 80 percent of each dealer in the
  485  group. A licensee who seeks to satisfy the required industry
  486  certification through a dealership group must provide the
  487  department with evidence of the required common ownership at the
  488  time of filing the certificate of completion.
  489         Section 2. This act shall take effect January 1, 2019.