Florida Senate - 2023                                    SB 1636
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00885A-23                                           20231636__
    1                        A bill to be entitled                      
    2         An act relating to the sale of motor vehicles;
    3         creating s. 319.255, F.S.; authorizing certain parties
    4         to rescind or cancel the sale of a motor vehicle under
    5         certain circumstances; requiring the motor vehicle
    6         dealer to certify upon a form the rescinded or
    7         canceled sale and that certain moneys were returned
    8         under certain circumstances; specifying requirements
    9         for the form; specifying the duties of the Department
   10         of Highway Safety and Motor Vehicles upon receiving
   11         such forms; prohibiting the motor vehicle dealer from
   12         selling a vehicle until such form is received;
   13         authorizing a motor vehicle dealer to request a
   14         certain refund of fees and taxes; providing
   15         construction; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 319.255, Florida Statutes, is created to
   20  read:
   21         319.255 Dealer sale rescission.—
   22         (1)A motor vehicle dealer, purchaser, and any lienholders,
   23  by concurrence of all parties, may rescind or cancel the sale of
   24  a motor vehicle not later than the 30th day following the date
   25  of sale. A rescinded or canceled sale requires return by the
   26  motor vehicle dealer to the rightful parties of all fees, taxes,
   27  and other moneys provided to the motor vehicle dealer as part of
   28  the sale. The concurrence of all parties to cancel or rescind
   29  the sale must be acknowledged in a return agreement, which must
   30  be retained by the dealer with the vehicle sales records, and
   31  invalidates any subsequent requirements imposed upon the motor
   32  vehicle dealer to submit an application or remit any fees or
   33  taxes if the application, fees, and taxes have not been
   34  remitted.
   35         (2)If an application has been submitted or tax or fees
   36  remitted or the motor vehicle dealer requires a certificate of
   37  title for resale purposes, the rescinded or canceled sale and
   38  the return to the rightful parties of all fees, taxes, and other
   39  moneys must be certified by the motor vehicle dealer upon a form
   40  prescribed by the department. The form must be completed and
   41  submitted to the department within 15 days after the date the
   42  parties agree to cancel the sale and must have attached to it a
   43  copy of the dealer’s return agreement. If a certificate of title
   44  has been issued, the certificate of title must be attached or a
   45  certification made on the form that the certificate of title has
   46  been lost or destroyed.
   47         (3)Within 7 days after receipt of the form, the department
   48  shall rescind, cancel, or revoke any application for title or
   49  issued title; refund to the motor vehicle dealer any fees and
   50  taxes paid or remitted to the department, less fees paid in
   51  accordance with s. 319.32; return a department-acknowledged and
   52  dated copy of the form; and issue a certificate of title to the
   53  dealer reflecting the name of the motor vehicle dealer and the
   54  odometer reading as recorded at the time of sale that was
   55  rescinded or canceled. A motor vehicle dealer may not offer for
   56  retail sale a vehicle that is the subject of an application
   57  submitted or tax or fees remitted pursuant to subsection (2)
   58  until the dealer has received the title from the department.
   59         (4)Within 30 days after the date on the department
   60  acknowledged copy of the form, a motor vehicle dealer may
   61  request, by submitting a copy of the department-acknowledged
   62  form to the county tax collector, a refund of fees and taxes
   63  retained by the county tax collector, less fees paid in
   64  accordance with s. 319.32.
   65         (5)Any rescission, cancellation, or revocation under this
   66  section does not negate that the vehicle has been the subject of
   67  a previous retail sale.
   68         Section 2. This act shall take effect July 1, 2023.