Florida Senate - 2013 SB 62 By Senator Hays 11-00109-13 201362__ 1 A bill to be entitled 2 An act relating to low-speed vehicles; amending s. 3 319.14, F.S.; authorizing the conversion of a vehicle 4 titled or branded and registered as a low-speed 5 vehicle to a golf cart; providing procedures; 6 providing for a fee; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 319.14, Florida Statutes, is amended to 11 read: 12 319.14 Sale of motor vehicles registered or used as 13 taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 14 nonconforming vehicles, custom vehicles, or street rod vehicles; 15 conversion of low-speed vehicles.— 16 (1)(a) A person may not knowingly offer for sale, sell, or 17 exchange any vehicle that has been licensed, registered, or used 18 as a taxicab, police vehicle, or short-term-lease vehicle, or a 19 vehicle that has been repurchased by a manufacturer pursuant to 20 a settlement, determination, or decision under chapter 681, 21 until the department has stamped in a conspicuous place on the 22 certificate of title of the vehicle, or its duplicate, words 23 stating the nature of the previous use of the vehicle or the 24 title has been stamped “Manufacturer’s Buy Back” to reflect that 25 the vehicle is a nonconforming vehicle. If the certificate of 26 title or duplicate was not so stamped upon initial issuance 27 thereof or if, subsequent to initial issuance of the title, the 28 use of the vehicle is changed to a use requiring the notation 29 provided for in this section, the owner or lienholder of the 30 vehicle shall surrender the certificate of title or duplicate to 31 the department prior to offering the vehicle for sale, and the 32 department shall stamp the certificate or duplicate as required 33 herein. When a vehicle has been repurchased by a manufacturer 34 pursuant to a settlement, determination, or decision under 35 chapter 681, the title shall be stamped “Manufacturer’s Buy 36 Back” to reflect that the vehicle is a nonconforming vehicle. 37 (b) A person may not knowingly offer for sale, sell, or 38 exchange a rebuilt vehicle until the department has stamped in a 39 conspicuous place on the certificate of title for the vehicle 40 words stating that the vehicle has been rebuilt or assembled 41 from parts, or is a kit car, glider kit, replica, flood vehicle, 42 custom vehicle, or street rod vehicle unless proper application 43 for a certificate of title for a vehicle that is rebuilt or 44 assembled from parts, or is a kit car, glider kit, replica, 45 flood vehicle, custom vehicle, or street rod vehicle has been 46 made to the department in accordance with this chapter and the 47 department has conducted the physical examination of the vehicle 48 to assure the identity of the vehicle and all major component 49 parts, as defined in s. 319.30(1), which have been repaired or 50 replaced. Thereafter, the department shall affix a decal to the 51 vehicle, in the manner prescribed by the department, showing the 52 vehicle to be rebuilt. 53 (c) As used in this section, the term: 54 1. “Police vehicle” means a motor vehicle owned or leased 55 by the state or a county or municipality and used in law 56 enforcement. 57 2.a. “Short-term-lease vehicle” means a motor vehicle 58 leased without a driver and under a written agreement to one or 59 more persons from time to time for a period of less than 12 60 months. 61 b. “Long-term-lease vehicle” means a motor vehicle leased 62 without a driver and under a written agreement to one person for 63 a period of 12 months or longer. 64 c. “Lease vehicle” includes both short-term-lease vehicles 65 and long-term-lease vehicles. 66 3. “Rebuilt vehicle” means a motor vehicle or mobile home 67 built from salvage or junk, as defined in s. 319.30(1). 68 4. “Assembled from parts” means a motor vehicle or mobile 69 home assembled from parts or combined from parts of motor 70 vehicles or mobile homes, new or used. “Assembled from parts” 71 does not mean a motor vehicle defined as a “rebuilt vehicle” in 72 subparagraph 3., which has been declared a total loss pursuant 73 to s. 319.30. 74 5. “Kit car” means a motor vehicle assembled with a kit 75 supplied by a manufacturer to rebuild a wrecked or outdated 76 motor vehicle with a new body kit. 77 6. “Glider kit” means a vehicle assembled with a kit 78 supplied by a manufacturer to rebuild a wrecked or outdated 79 truck or truck tractor. 80 7. “Replica” means a complete new motor vehicle 81 manufactured to look like an old vehicle. 82 8. “Flood vehicle” means a motor vehicle or mobile home 83 that has been declared to be a total loss pursuant to s. 84 319.30(3)(a) resulting from damage caused by water. 85 9. “Nonconforming vehicle” means a motor vehicle which has 86 been purchased by a manufacturer pursuant to a settlement, 87 determination, or decision under chapter 681. 88 10. “Settlement” means an agreement entered into between a 89 manufacturer and a consumer that occurs after a dispute is 90 submitted to a program, or an informal dispute settlement 91 procedure established by a manufacturer or is approved for 92 arbitration before the New Motor Vehicle Arbitration Board as 93 defined in s. 681.102. 94 11. “Custom vehicle” means a motor vehicle that: 95 a. Is 25 years of age or older and of a model year after 96 1948 or was manufactured to resemble a vehicle that is 25 years 97 of age or older and of a model year after 1948; and 98 b. Has been altered from the manufacturer’s original design 99 or has a body constructed from nonoriginal materials. 100 101 The model year and year of manufacture that the body of a custom 102 vehicle resembles is the model year and year of manufacture 103 listed on the certificate of title, regardless of when the 104 vehicle was actually manufactured. 105 12. “Street rod” means a motor vehicle that: 106 a. Is of a model year of 1948 or older or was manufactured 107 after 1948 to resemble a vehicle of a model year of 1948 or 108 older; and 109 b. Has been altered from the manufacturer’s original design 110 or has a body constructed from nonoriginal materials. 111 112 The model year and year of manufacture that the body of a street 113 rod resembles is the model year and year of manufacture listed 114 on the certificate of title, regardless of when the vehicle was 115 actually manufactured. 116 (2) A person may not knowingly sell, exchange, or transfer 117 a vehicle referred to in subsection (1) without, before 118 consummating the sale, exchange, or transfer, disclosing in 119 writing to the purchaser, customer, or transferee the fact that 120 the vehicle has previously been titled, registered, or used as a 121 taxicab, police vehicle, or short-term-lease vehicle, is a 122 vehicle that is rebuilt or assembled from parts, is a kit car, 123 glider kit, replica, or flood vehicle, or is a nonconforming 124 vehicle, custom vehicle, or street rod vehicle, as the case may 125 be. 126 (3) Any person who, with intent to offer for sale or 127 exchange any vehicle referred to in subsection (1), knowingly or 128 intentionally advertises, publishes, disseminates, circulates, 129 or places before the public in any communications medium, 130 whether directly or indirectly, any offer to sell or exchange 131 the vehicle shall clearly and precisely state in each such offer 132 that the vehicle has previously been titled, registered, or used 133 as a taxicab, police vehicle, or short-term-lease vehicle or 134 that the vehicle or mobile home is a vehicle that is rebuilt or 135 assembled from parts, is a kit car, glider kit, replica, or 136 flood vehicle, or is a nonconforming vehicle, custom vehicle, or 137 street rod vehicle, as the case may be. A person who violates 138 this subsection commits a misdemeanor of the second degree, 139 punishable as provided in s. 775.082 or s. 775.083. 140 (4) If a certificate of title, including a foreign 141 certificate, is branded to reflect a condition or prior use of 142 the titled vehicle, the brand must be noted on the registration 143 certificate of the vehicle and such brand shall be carried 144 forward on all subsequent certificates of title and registration 145 certificates issued for the life of the vehicle. 146 (5) A person who knowingly sells, exchanges, or offers to 147 sell or exchange a motor vehicle or mobile home contrary to this 148 section or any officer, agent, or employee of a person who 149 knowingly authorizes, directs, aids in, or consents to the sale, 150 exchange, or offer to sell or exchange a motor vehicle or mobile 151 home contrary to this section commits a misdemeanor of the 152 second degree, punishable as provided in s. 775.082 or s. 153 775.083. 154 (6) A person who removes a rebuilt decal from a rebuilt 155 vehicle with the intent to conceal the rebuilt status of the 156 vehicle commits a felony of the third degree, punishable as 157 provided in s. 775.082, s. 775.083, or s. 775.084. 158 (7) This section applies to a mobile home, travel trailer, 159 camping trailer, truck camper, or fifth-wheel recreation trailer 160 only when the mobile home or vehicle is a rebuilt vehicle or is 161 assembled from parts. 162 (8) A person is not liable or accountable in any civil 163 action arising out of a violation of this section if the 164 designation of the previous use or condition of the motor 165 vehicle is not noted on the certificate of title and 166 registration certificate of the vehicle which was received by, 167 or delivered to, such person, unless the person has actively 168 concealed the prior use or condition of the vehicle from the 169 purchaser. 170 (9) Subsections (1), (2), and (3) do not apply to the 171 transfer of ownership of a motor vehicle after the motor vehicle 172 has ceased to be used as a lease vehicle and the ownership has 173 been transferred to an owner for private use or to the transfer 174 of ownership of a nonconforming vehicle with 36,000 or more 175 miles on its odometer, or 34 months whichever is later and the 176 ownership has been transferred to an owner for private use. Such 177 owner, as shown on the title certificate, may request the 178 department to issue a corrected certificate of title that does 179 not contain the statement of the previous use of the vehicle as 180 a lease vehicle or condition as a nonconforming vehicle. 181 (10)(a) A vehicle titled or branded and registered as a 182 low-speed vehicle may be converted to a golf cart pursuant to 183 the following: 184 1. The owner of the converted vehicle must contact the 185 regional office of the department to verify the conversion, 186 surrender the registration license plate and the current 187 certificate of title, and pay the appropriate fee established 188 under paragraph (b). 189 2. Upon verification of the conversion, the department 190 shall note in the vehicle record that the low-speed vehicle has 191 been converted to a golf cart and cancel the certificate of 192 title and registration of the vehicle. 193 (b) The department shall establish a fee of $40 to cover 194 the cost of verification and associated administrative costs for 195 carrying out its responsibilities under this subsection. 196 Section 2. This act shall take effect July 1, 2013.