Florida Senate - 2013 CS for SB 62 By the Committee on Transportation; and Senator Hays 596-00753-13 201362c1 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 requiring an affidavit; requiring the Department of 7 Highway Safety and Motor Vehicles to issue a decal; 8 providing specifications for the decal; providing for 9 a fee; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 319.14, Florida Statutes, is amended to 14 read: 15 319.14 Sale of motor vehicles registered or used as 16 taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 17 nonconforming vehicles, custom vehicles, or street rod vehicles; 18 conversion of low-speed vehicles.— 19 (1)(a) A person may not knowingly offer for sale, sell, or 20 exchange any vehicle that has been licensed, registered, or used 21 as a taxicab, police vehicle, or short-term-lease vehicle, or a 22 vehicle that has been repurchased by a manufacturer pursuant to 23 a settlement, determination, or decision under chapter 681, 24 until the department has stamped in a conspicuous place on the 25 certificate of title of the vehicle, or its duplicate, words 26 stating the nature of the previous use of the vehicle or the 27 title has been stamped “Manufacturer’s Buy Back” to reflect that 28 the vehicle is a nonconforming vehicle. If the certificate of 29 title or duplicate was not so stamped upon initial issuance 30 thereof or if, subsequent to initial issuance of the title, the 31 use of the vehicle is changed to a use requiring the notation 32 provided for in this section, the owner or lienholder of the 33 vehicle shall surrender the certificate of title or duplicate to 34 the department prior to offering the vehicle for sale, and the 35 department shall stamp the certificate or duplicate as required 36 herein. When a vehicle has been repurchased by a manufacturer 37 pursuant to a settlement, determination, or decision under 38 chapter 681, the title shall be stamped “Manufacturer’s Buy 39 Back” to reflect that the vehicle is a nonconforming vehicle. 40 (b) A person may not knowingly offer for sale, sell, or 41 exchange a rebuilt vehicle until the department has stamped in a 42 conspicuous place on the certificate of title for the vehicle 43 words stating that the vehicle has been rebuilt or assembled 44 from parts, or is a kit car, glider kit, replica, flood vehicle, 45 custom vehicle, or street rod vehicle unless proper application 46 for a certificate of title for a vehicle that is rebuilt or 47 assembled from parts, or is a kit car, glider kit, replica, 48 flood vehicle, custom vehicle, or street rod vehicle has been 49 made to the department in accordance with this chapter and the 50 department has conducted the physical examination of the vehicle 51 to assure the identity of the vehicle and all major component 52 parts, as defined in s. 319.30(1), which have been repaired or 53 replaced. Thereafter, the department shall affix a decal to the 54 vehicle, in the manner prescribed by the department, showing the 55 vehicle to be rebuilt. 56 (c) As used in this section, the term: 57 1. “Police vehicle” means a motor vehicle owned or leased 58 by the state or a county or municipality and used in law 59 enforcement. 60 2.a. “Short-term-lease vehicle” means a motor vehicle 61 leased without a driver and under a written agreement to one or 62 more persons from time to time for a period of less than 12 63 months. 64 b. “Long-term-lease vehicle” means a motor vehicle leased 65 without a driver and under a written agreement to one person for 66 a period of 12 months or longer. 67 c. “Lease vehicle” includes both short-term-lease vehicles 68 and long-term-lease vehicles. 69 3. “Rebuilt vehicle” means a motor vehicle or mobile home 70 built from salvage or junk, as defined in s. 319.30(1). 71 4. “Assembled from parts” means a motor vehicle or mobile 72 home assembled from parts or combined from parts of motor 73 vehicles or mobile homes, new or used. “Assembled from parts” 74 does not mean a motor vehicle defined as a “rebuilt vehicle” in 75 subparagraph 3., which has been declared a total loss pursuant 76 to s. 319.30. 77 5. “Kit car” means a motor vehicle assembled with a kit 78 supplied by a manufacturer to rebuild a wrecked or outdated 79 motor vehicle with a new body kit. 80 6. “Glider kit” means a vehicle assembled with a kit 81 supplied by a manufacturer to rebuild a wrecked or outdated 82 truck or truck tractor. 83 7. “Replica” means a complete new motor vehicle 84 manufactured to look like an old vehicle. 85 8. “Flood vehicle” means a motor vehicle or mobile home 86 that has been declared to be a total loss pursuant to s. 87 319.30(3)(a) resulting from damage caused by water. 88 9. “Nonconforming vehicle” means a motor vehicle which has 89 been purchased by a manufacturer pursuant to a settlement, 90 determination, or decision under chapter 681. 91 10. “Settlement” means an agreement entered into between a 92 manufacturer and a consumer that occurs after a dispute is 93 submitted to a program, or an informal dispute settlement 94 procedure established by a manufacturer or is approved for 95 arbitration before the New Motor Vehicle Arbitration Board as 96 defined in s. 681.102. 97 11. “Custom vehicle” means a motor vehicle that: 98 a. Is 25 years of age or older and of a model year after 99 1948 or was manufactured to resemble a vehicle that is 25 years 100 of age or older and of a model year after 1948; and 101 b. Has been altered from the manufacturer’s original design 102 or has a body constructed from nonoriginal materials. 103 104 The model year and year of manufacture that the body of a custom 105 vehicle resembles is the model year and year of manufacture 106 listed on the certificate of title, regardless of when the 107 vehicle was actually manufactured. 108 12. “Street rod” means a motor vehicle that: 109 a. Is of a model year of 1948 or older or was manufactured 110 after 1948 to resemble a vehicle of a model year of 1948 or 111 older; and 112 b. Has been altered from the manufacturer’s original design 113 or has a body constructed from nonoriginal materials. 114 115 The model year and year of manufacture that the body of a street 116 rod resembles is the model year and year of manufacture listed 117 on the certificate of title, regardless of when the vehicle was 118 actually manufactured. 119 (2) A person may not knowingly sell, exchange, or transfer 120 a vehicle referred to in subsection (1) without, before 121 consummating the sale, exchange, or transfer, disclosing in 122 writing to the purchaser, customer, or transferee the fact that 123 the vehicle has previously been titled, registered, or used as a 124 taxicab, police vehicle, or short-term-lease vehicle, is a 125 vehicle that is rebuilt or assembled from parts, is a kit car, 126 glider kit, replica, or flood vehicle, or is a nonconforming 127 vehicle, custom vehicle, or street rod vehicle, as the case may 128 be. 129 (3) Any person who, with intent to offer for sale or 130 exchange any vehicle referred to in subsection (1), knowingly or 131 intentionally advertises, publishes, disseminates, circulates, 132 or places before the public in any communications medium, 133 whether directly or indirectly, any offer to sell or exchange 134 the vehicle shall clearly and precisely state in each such offer 135 that the vehicle has previously been titled, registered, or used 136 as a taxicab, police vehicle, or short-term-lease vehicle or 137 that the vehicle or mobile home is a vehicle that is rebuilt or 138 assembled from parts, is a kit car, glider kit, replica, or 139 flood vehicle, or is a nonconforming vehicle, custom vehicle, or 140 street rod vehicle, as the case may be. A person who violates 141 this subsection commits a misdemeanor of the second degree, 142 punishable as provided in s. 775.082 or s. 775.083. 143 (4) If a certificate of title, including a foreign 144 certificate, is branded to reflect a condition or prior use of 145 the titled vehicle, the brand must be noted on the registration 146 certificate of the vehicle and such brand shall be carried 147 forward on all subsequent certificates of title and registration 148 certificates issued for the life of the vehicle. 149 (5) A person who knowingly sells, exchanges, or offers to 150 sell or exchange a motor vehicle or mobile home contrary to this 151 section or any officer, agent, or employee of a person who 152 knowingly authorizes, directs, aids in, or consents to the sale, 153 exchange, or offer to sell or exchange a motor vehicle or mobile 154 home contrary to this section commits a misdemeanor of the 155 second degree, punishable as provided in s. 775.082 or s. 156 775.083. 157 (6) A person who removes a rebuilt decal from a rebuilt 158 vehicle with the intent to conceal the rebuilt status of the 159 vehicle commits a felony of the third degree, punishable as 160 provided in s. 775.082, s. 775.083, or s. 775.084. 161 (7) This section applies to a mobile home, travel trailer, 162 camping trailer, truck camper, or fifth-wheel recreation trailer 163 only when the mobile home or vehicle is a rebuilt vehicle or is 164 assembled from parts. 165 (8) A person is not liable or accountable in any civil 166 action arising out of a violation of this section if the 167 designation of the previous use or condition of the motor 168 vehicle is not noted on the certificate of title and 169 registration certificate of the vehicle which was received by, 170 or delivered to, such person, unless the person has actively 171 concealed the prior use or condition of the vehicle from the 172 purchaser. 173 (9) Subsections (1), (2), and (3) do not apply to the 174 transfer of ownership of a motor vehicle after the motor vehicle 175 has ceased to be used as a lease vehicle and the ownership has 176 been transferred to an owner for private use or to the transfer 177 of ownership of a nonconforming vehicle with 36,000 or more 178 miles on its odometer, or 34 months whichever is later and the 179 ownership has been transferred to an owner for private use. Such 180 owner, as shown on the title certificate, may request the 181 department to issue a corrected certificate of title that does 182 not contain the statement of the previous use of the vehicle as 183 a lease vehicle or condition as a nonconforming vehicle. 184 (10)(a) A vehicle titled or branded and registered as a 185 low-speed vehicle may be converted to a golf cart pursuant to 186 the following: 187 1. The owner of the converted vehicle must contact the 188 regional office of the department to verify the conversion, 189 surrender the registration license plate and the current 190 certificate of title, and pay the appropriate fee established 191 under paragraph (b). 192 2. The owner of the converted vehicle must provide an 193 affidavit to the department attesting that the vehicle has been 194 modified to comply with the speed restrictions provided in s. 195 320.01(42) and acknowledging that the vehicle must be operated 196 in accordance with s. 316.212, s. 316.2125, s. 316.2126, or s. 197 316.21265. 198 3. Upon verification of the conversion, the department 199 shall note in the vehicle record that the low-speed vehicle has 200 been converted to a golf cart and shall cancel the certificate 201 of title and registration of the vehicle. 202 (b) The department shall establish a fee of $40 to cover 203 the cost of verification and associated administrative costs for 204 carrying out its responsibilities under this subsection. 205 (c) The department shall issue a decal reflecting the 206 conversion of the vehicle to a golf cart, upon which is clearly 207 legible the following text: “CONVERTED VEHICLE. Max speed 20 208 mph.” The decal must be displayed on the rear of the vehicle, so 209 that the decal is plainly visible. 210 Section 2. This act shall take effect July 1, 2013.