Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 599, 1st Eng.
       
       
       
       
       
       
                                Barcode 568574                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2012 06:40 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 41 and 42
    4  insert:
    5         Section 1. Section 319.14, Florida Statutes, is amended to
    6  read:
    7         319.14 Sale of motor vehicles registered or used as
    8  taxicabs, police vehicles, lease vehicles, or rebuilt vehicles
    9  and nonconforming vehicles; conversion of low-speed vehicles.—
   10         (1)(a) No person shall knowingly offer for sale, sell, or
   11  exchange any vehicle that has been licensed, registered, or used
   12  as a taxicab, police vehicle, or short-term-lease vehicle, or a
   13  vehicle that has been repurchased by a manufacturer pursuant to
   14  a settlement, determination, or decision under chapter 681,
   15  until the department has stamped in a conspicuous place on the
   16  certificate of title of the vehicle, or its duplicate, words
   17  stating the nature of the previous use of the vehicle or the
   18  title has been stamped “Manufacturer’s Buy Back” to reflect that
   19  the vehicle is a nonconforming vehicle. If the certificate of
   20  title or duplicate was not so stamped upon initial issuance
   21  thereof or if, subsequent to initial issuance of the title, the
   22  use of the vehicle is changed to a use requiring the notation
   23  provided for in this section, the owner or lienholder of the
   24  vehicle shall surrender the certificate of title or duplicate to
   25  the department prior to offering the vehicle for sale, and the
   26  department shall stamp the certificate or duplicate as required
   27  herein. When a vehicle has been repurchased by a manufacturer
   28  pursuant to a settlement, determination, or decision under
   29  chapter 681, the title shall be stamped “Manufacturer’s Buy
   30  Back” to reflect that the vehicle is a nonconforming vehicle.
   31         (b) No person shall knowingly offer for sale, sell, or
   32  exchange a rebuilt vehicle until the department has stamped in a
   33  conspicuous place on the certificate of title for the vehicle
   34  words stating that the vehicle has been rebuilt or assembled
   35  from parts, or is a kit car, glider kit, replica, or flood
   36  vehicle unless proper application for a certificate of title for
   37  a vehicle that is rebuilt or assembled from parts, or is a kit
   38  car, glider kit, replica, or flood vehicle has been made to the
   39  department in accordance with this chapter and the department
   40  has conducted the physical examination of the vehicle to assure
   41  the identity of the vehicle and all major component parts, as
   42  defined in s. 319.30(1), which have been repaired or replaced.
   43  Thereafter, the department shall affix a decal to the vehicle,
   44  in the manner prescribed by the department, showing the vehicle
   45  to be rebuilt.
   46         (c) As used in this section:
   47         1. “Police vehicle” means a motor vehicle owned or leased
   48  by the state or a county or municipality and used in law
   49  enforcement.
   50         2.a. “Short-term-lease vehicle” means a motor vehicle
   51  leased without a driver and under a written agreement to one or
   52  more persons from time to time for a period of less than 12
   53  months.
   54         b. “Long-term-lease vehicle” means a motor vehicle leased
   55  without a driver and under a written agreement to one person for
   56  a period of 12 months or longer.
   57         c. “Lease vehicle” includes both short-term-lease vehicles
   58  and long-term-lease vehicles.
   59         3. “Rebuilt vehicle” means a motor vehicle or mobile home
   60  built from salvage or junk, as defined in s. 319.30(1).
   61         4. “Assembled from parts” means a motor vehicle or mobile
   62  home assembled from parts or combined from parts of motor
   63  vehicles or mobile homes, new or used. “Assembled from parts”
   64  does not mean a motor vehicle defined as a “rebuilt vehicle” in
   65  subparagraph 3., which has been declared a total loss pursuant
   66  to s. 319.30.
   67         5. “Kit car” means a motor vehicle assembled with a kit
   68  supplied by a manufacturer to rebuild a wrecked or outdated
   69  motor vehicle with a new body kit.
   70         6. “Glider kit” means a vehicle assembled with a kit
   71  supplied by a manufacturer to rebuild a wrecked or outdated
   72  truck or truck tractor.
   73         7. “Replica” means a complete new motor vehicle
   74  manufactured to look like an old vehicle.
   75         8. “Flood vehicle” means a motor vehicle or mobile home
   76  that has been declared to be a total loss pursuant to s.
   77  319.30(3)(a) resulting from damage caused by water.
   78         9. “Nonconforming vehicle” means a motor vehicle which has
   79  been purchased by a manufacturer pursuant to a settlement,
   80  determination, or decision under chapter 681.
   81         10. “Settlement” means an agreement entered into between a
   82  manufacturer and a consumer that occurs after a dispute is
   83  submitted to a program, or an informal dispute settlement
   84  procedure established by a manufacturer or is approved for
   85  arbitration before the New Motor Vehicle Arbitration Board as
   86  defined in s. 681.102.
   87         (2) No person shall knowingly sell, exchange, or transfer a
   88  vehicle referred to in subsection (1) without, prior to
   89  consummating the sale, exchange, or transfer, disclosing in
   90  writing to the purchaser, customer, or transferee the fact that
   91  the vehicle has previously been titled, registered, or used as a
   92  taxicab, police vehicle, or short-term-lease vehicle or is a
   93  vehicle that is rebuilt or assembled from parts, or is a kit
   94  car, glider kit, replica, or flood vehicle, or is a
   95  nonconforming vehicle, as the case may be.
   96         (3) Any person who, with intent to offer for sale or
   97  exchange any vehicle referred to in subsection (1), knowingly or
   98  intentionally advertises, publishes, disseminates, circulates,
   99  or places before the public in any communications medium,
  100  whether directly or indirectly, any offer to sell or exchange
  101  the vehicle shall clearly and precisely state in each such offer
  102  that the vehicle has previously been titled, registered, or used
  103  as a taxicab, police vehicle, or short-term-lease vehicle or
  104  that the vehicle or mobile home is a vehicle that is rebuilt or
  105  assembled from parts, or is a kit car, glider kit, replica, or
  106  flood vehicle, or a nonconforming vehicle, as the case may be.
  107  Any person who violates this subsection commits a misdemeanor of
  108  the second degree, punishable as provided in s. 775.082 or s.
  109  775.083.
  110         (4) When a certificate of title, including a foreign
  111  certificate, is branded to reflect a condition or prior use of
  112  the titled vehicle, the brand must be noted on the registration
  113  certificate of the vehicle and such brand shall be carried
  114  forward on all subsequent certificates of title and registration
  115  certificates issued for the life of the vehicle.
  116         (5) Any person who knowingly sells, exchanges, or offers to
  117  sell or exchange a motor vehicle or mobile home contrary to the
  118  provisions of this section or any officer, agent, or employee of
  119  a person who knowingly authorizes, directs, aids in, or consents
  120  to the sale, exchange, or offer to sell or exchange a motor
  121  vehicle or mobile home contrary to the provisions of this
  122  section commits a misdemeanor of the second degree, punishable
  123  as provided in s. 775.082 or s. 775.083.
  124         (6) Any person who removes a rebuilt decal from a rebuilt
  125  vehicle with the intent to conceal the rebuilt status of the
  126  vehicle commits a felony of the third degree, punishable as
  127  provided in s. 775.082, s. 775.083, or s. 775.084.
  128         (7) This section applies to a mobile home, travel trailer,
  129  camping trailer, truck camper, or fifth-wheel recreation trailer
  130  only when such mobile home or vehicle is a rebuilt vehicle or is
  131  assembled from parts.
  132         (8) No person shall be liable or accountable in any civil
  133  action arising out of a violation of this section if the
  134  designation of the previous use or condition of the motor
  135  vehicle is not noted on the certificate of title and
  136  registration certificate of the vehicle which was received by,
  137  or delivered to, such person, unless such person has actively
  138  concealed the prior use or condition of the vehicle from the
  139  purchaser.
  140         (9) Subsections (1), (2), and (3) do not apply to the
  141  transfer of ownership of a motor vehicle after the motor vehicle
  142  has ceased to be used as a lease vehicle and the ownership has
  143  been transferred to an owner for private use or to the transfer
  144  of ownership of a nonconforming vehicle with 36,000 or more
  145  miles on its odometer, or 34 months whichever is later and the
  146  ownership has been transferred to an owner for private use. Such
  147  owner, as shown on the title certificate, may request the
  148  department to issue a corrected certificate of title that does
  149  not contain the statement of the previous use of the vehicle as
  150  a lease vehicle or condition as a nonconforming vehicle.
  151         (10)(a) A golf cart titled or branded and registered as a
  152  low-speed vehicle may be converted to a golf cart pursuant to
  153  the following:
  154         1. The owner of the converted vehicle must contact the
  155  regional office of the department to verify the conversion,
  156  surrender the registration license plate and the current
  157  certificate of title, and pay the appropriate fee established
  158  under paragraph (b).
  159         2. Upon verification of the conversion, the department
  160  shall note in the vehicle record that the low-speed vehicle has
  161  been converted to a golf cart and cancel the certificate of
  162  title and registration of the vehicle.
  163         (b) The department shall establish a fee of $40 to cover
  164  the cost of verification and associated administrative costs for
  165  carrying out its responsibilities under this subsection.
  166         Section 2. Subsection (42) of section 320.01, Florida
  167  Statutes, is amended to read:
  168         320.01 Definitions, general.—As used in the Florida
  169  Statutes, except as otherwise provided, the term:
  170         (42) “Low-speed vehicle” means any four-wheeled electric
  171  vehicle whose top speed is greater than 20 miles per hour but
  172  not greater than 25 miles per hour, including, without
  173  limitation, neighborhood electric vehicles. Low-speed vehicles
  174  must comply with the safety standards in 49 C.F.R. s. 571.500
  175  and s. 316.2122.
  176  
  177  ================= T I T L E  A M E N D M E N T ================
  178         And the title is amended as follows:
  179         Delete line 3
  180  and insert:
  181         programs; amending s. 319.14, F.S.; authorizing the
  182         conversion of a golf cart titled or branded and
  183         registered as a low-speed vehicle to a golf cart;
  184         providing procedures; providing for a fee; amending s.
  185         320.01, F.S.; redefining the term “low-speed vehicle”;
  186         amending s. 341.301, F.S.; revising the