Florida Senate - 2018                              CS for SB 616
       
       
        
       By the Committee on Transportation; and Senator Passidomo
       
       
       
       
       
       596-01811-18                                           2018616c1
    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; requiring
   14         any person acting in violation of specified licensing
   15         requirements to be deemed to have committed an unfair
   16         and deceptive trade practice in violation of specified
   17         provisions; requiring an initial license certificate
   18         to be issued by the Department of Highway Safety and
   19         Motor Vehicles in accordance with an application when
   20         the application is regular in form and in compliance
   21         with specified provisions; providing for expiration of
   22         a license issued to a motor vehicle broker; deleting
   23         provisions relating to renewal forms, license
   24         certificates, and initial license applications;
   25         requiring each initial application for licensure as an
   26         independent motor vehicle dealer received by the
   27         department to be accompanied by certain verification
   28         of attending training and an information seminar;
   29         providing seminar and training requirements; providing
   30         an exemption; authorizing the department to adopt
   31         certain rules; providing that the curriculum for
   32         certain subjects is approved by any and all other
   33         regulatory agencies having jurisdiction over the
   34         specific subject matters; requiring that the overall
   35         administration of the licensing of dealer schools and
   36         their instructors remains with the department;
   37         authorizing the schools to charge a fee for training;
   38         requiring the department to deliver or mail to each
   39         licensee the necessary renewal forms within a
   40         specified period; requiring independent motor vehicle
   41         dealers to complete certain certification relating to
   42         continuing education, subject to certain requirements;
   43         defining the term “dealer”; providing requirements for
   44         continuing education; requiring dealer schools to
   45         provide certificates of completion to the department
   46         and customer; authorizing the schools to charge a fee
   47         for providing continuing education; requiring
   48         franchised motor vehicle dealers to complete certain
   49         industry certification, subject to certain
   50         requirements; authorizing a certain association to
   51         charge a fee for providing the industry certification;
   52         authorizing such certification to be accomplished by a
   53         certain designated person under certain circumstances;
   54         providing certification requirements; requiring
   55         designated individuals to receive certificates of
   56         completion; requiring a licensee who seeks to satisfy
   57         the certification through a dealership group to
   58         provide the department with certain evidence at the
   59         time of filing the certificate of completion;
   60         requiring licensees who do not file their application
   61         and any other requisite documents with, and pay the
   62         fees to, the department within a specified period to
   63         cease engaging in business; providing fees for a
   64         renewal or new application filed with the department
   65         within specified periods after the expiration date;
   66         authorizing a license certificate to be modified to
   67         show a change in the name of the licensee, subject to
   68         certain requirements; requiring a specified fee for
   69         such modification; conforming provisions to changes
   70         made by the act; providing an effective date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Paragraphs (c) and (d) of subsection (1) and
   75  subsections (2), (3), and (4) of section 320.27, Florida
   76  Statutes, are amended to read:
   77         320.27 Motor vehicle dealers.—
   78         (1) DEFINITIONS.—The following words, terms, and phrases
   79  when used in this section have the meanings respectively
   80  ascribed to them in this subsection, except where the context
   81  clearly indicates a different meaning:
   82         (c) “Motor vehicle dealer” means any person engaged in the
   83  business of buying, selling, or leasing dealing in motor
   84  vehicles or offering or displaying motor vehicles for sale or
   85  lease at wholesale or retail, or who may service and repair
   86  motor vehicles pursuant to an agreement as defined in s.
   87  320.60(1). Any person who buys, sells, or leases deals in three
   88  or more motor vehicles in any 12-month period or who offers or
   89  displays for sale or lease three or more motor vehicles in any
   90  12-month period shall be prima facie presumed to be engaged in
   91  such business a motor vehicle dealer. Any person who engages in
   92  any of the following activities shall be deemed to be a motor
   93  vehicle dealer: possessing, storing, or displaying motor
   94  vehicles for retail sale or lease by the person; advertising
   95  motor vehicles held in inventory by the person for retail sale
   96  or lease by the person; compensating customers for vehicles at
   97  wholesale or retail, also known as trade-ins; negotiating with
   98  customers regarding the terms of sale or lease for a motor
   99  vehicle; providing test drives of motor vehicles offered for
  100  retail sale or lease by the person; delivering or arranging for
  101  the delivery of a motor vehicle in conjunction with the retail
  102  sale or lease of the motor vehicle; or offering to sell a motor
  103  vehicle service agreement at the time of the retail sale or
  104  lease of a motor vehicle. The terms “selling” and “sale” include
  105  lease-purchase transactions. A motor vehicle dealer may, at
  106  retail or wholesale, sell a recreational vehicle as described in
  107  s. 320.01(1)(b)1.-6. and 8., acquired in exchange for the sale
  108  of a motor vehicle, provided such acquisition is incidental to
  109  the principal business of being a motor vehicle dealer. However,
  110  a motor vehicle dealer may not buy a recreational vehicle for
  111  the 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), or (d) or s.
  132  320.08(3)(a), (b), or (c), using a manufacturer’s statement of
  133  origin as required 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 deal in such vehicles and is authorized by such
  136  agreement to perform delivery and preparation obligations and
  137  warranty defect adjustments on the motor vehicle. This
  138  limitation does not apply to recreational vehicles, van
  139  conversions, or any other motor vehicle manufactured on a truck
  140  chassis.
  141         2. “Independent motor vehicle dealer” means any person
  142  other than a franchised or wholesale motor vehicle dealer who
  143  engages in the business of buying, selling, or leasing dealing
  144  in motor vehicles, and who may service and repair motor
  145  vehicles.
  146         3. “Wholesale motor vehicle dealer” means any person who
  147  engages exclusively in the business of buying or, selling, or
  148  dealing in motor vehicles at wholesale or with motor vehicle
  149  auctions. Such person shall be licensed to do business in this
  150  state, shall not sell or auction a vehicle to any person who is
  151  not a licensed dealer, and shall not have the privilege of the
  152  use of dealer license plates. Any person who buys, sells, or
  153  deals in motor vehicles at wholesale or with motor vehicle
  154  auctions on behalf of a licensed motor vehicle dealer and as a
  155  bona fide employee of such licensed motor vehicle dealer is not
  156  required to be licensed as a wholesale motor vehicle dealer. In
  157  such cases it shall be prima facie presumed that a bona fide
  158  employer-employee relationship exists. A wholesale motor vehicle
  159  dealer shall be exempt from the display provisions of this
  160  section but shall maintain an office wherein records are kept in
  161  order that those records may be inspected.
  162         4. “Motor vehicle auction” means any person offering motor
  163  vehicles or recreational vehicles for sale to the highest bidder
  164  where buyers are licensed motor vehicle dealers. Such person
  165  shall not sell a vehicle to anyone other than a licensed motor
  166  vehicle dealer.
  167         5. “Salvage motor vehicle dealer” means any person who
  168  engages in the business of acquiring salvaged or wrecked motor
  169  vehicles for the purpose of reselling them and their parts.
  170  
  171  Notwithstanding anything in this subsection to the contrary, the
  172  term “motor vehicle dealer” does not include persons not engaged
  173  in the purchase or sale of motor vehicles as a business who are
  174  disposing of vehicles acquired for their own use or for use in
  175  their business or acquired by foreclosure or by operation of
  176  law, provided such vehicles are acquired and sold in good faith
  177  and not for the purpose of avoiding the provisions of this law;
  178  persons engaged in the business of manufacturing, selling, or
  179  offering or displaying for sale at wholesale or retail no more
  180  than 25 trailers in a 12-month period; public officers while
  181  performing their official duties; receivers; trustees,
  182  administrators, executors, guardians, or other persons appointed
  183  by, or acting under the judgment or order of, any court; banks,
  184  finance companies, or other loan agencies that acquire motor
  185  vehicles as an incident to their regular business; motor vehicle
  186  brokers; persons whose sole dealing in motor vehicles is owning
  187  a publication in, or hosting a website on, which licensed motor
  188  vehicle dealers display vehicles for sale; persons primarily
  189  engaged in the business of the short-term rental of motor
  190  vehicles, which rental term may not exceed 12 months, who are
  191  not also involved in the retail sale of motor vehicles; and
  192  motor vehicle rental and leasing companies that sell motor
  193  vehicles only to motor vehicle dealers licensed under this
  194  section. Vehicles owned under circumstances described in this
  195  paragraph may be disposed of at retail, wholesale, or auction,
  196  unless otherwise restricted. A manufacturer of fire trucks,
  197  ambulances, or school buses may sell such vehicles directly to
  198  governmental agencies or to persons who contract to perform or
  199  provide firefighting, ambulance, or school transportation
  200  services exclusively to governmental agencies without processing
  201  such sales through dealers if such fire trucks, ambulances,
  202  school buses, or similar vehicles are not presently available
  203  through motor vehicle dealers licensed by the department.
  204         (d) “Motor vehicle broker” means any person engaged in the
  205  business of, or who holds himself or herself out through
  206  solicitation, advertisement, or other means as being in the
  207  business of, assisting offering to procure or procuring motor
  208  vehicles for the general public in purchasing or leasing a motor
  209  vehicle from a licensed motor vehicle dealer, or who holds
  210  himself or herself out through solicitation, advertisement, or
  211  otherwise as one who offers to procure or procures motor
  212  vehicles for the general public, and who does not store,
  213  display, or take ownership of any vehicles for the purpose of
  214  selling such vehicles. Any advertisement or solicitation by a
  215  motor vehicle broker must include notice that the broker is
  216  receiving a fee and must clearly state that the broker is not a
  217  licensed motor vehicle dealer. A licensed manufacturer,
  218  distributor, or importer is not considered a motor vehicle
  219  broker.
  220         (2) LICENSE REQUIRED.—No person shall engage in business
  221  as, serve in the capacity of, or act as a motor vehicle dealer
  222  or motor vehicle broker in this state without first obtaining a
  223  license therefor in the appropriate classification as provided
  224  in this section. With the exception of transactions with motor
  225  vehicle auctions, no person other than a licensed motor vehicle
  226  dealer may advertise for sale or lease any motor vehicle
  227  belonging to another party unless as a direct result of a bona
  228  fide legal proceeding, court order, settlement of an estate, or
  229  by contract with a motor vehicle dealer, or by operation of law.
  230  However, owners of motor vehicles titled in their names may
  231  advertise and offer vehicles for sale on their own behalf. It
  232  shall be unlawful for a licensed motor vehicle dealer to allow
  233  any person other than a bona fide employee to use the motor
  234  vehicle dealer license for the purpose of acting in the capacity
  235  of or conducting motor vehicle sales transactions as a motor
  236  vehicle dealer. Any person acting selling or offering a motor
  237  vehicle for sale in violation of the licensing requirements of
  238  this subsection, or who misrepresents to any person its
  239  relationship with any manufacturer, importer, or distributor, in
  240  addition to the penalties provided herein, shall be deemed to
  241  have committed guilty of an unfair and deceptive trade practice
  242  as defined in violation of part II of chapter 501 and shall be
  243  subject to the provisions of subsections (8) and (9).
  244         (3) APPLICATION AND FEE.—The application for the license
  245  shall be in such form as may be prescribed by the department and
  246  shall be subject to such rules with respect thereto as may be so
  247  prescribed by it. Such application shall be verified by oath or
  248  affirmation and shall contain a full statement of the name and
  249  birth date of the person or persons applying therefor; the name
  250  of the firm or copartnership, with the names and places of
  251  residence of all members thereof, if such applicant is a firm or
  252  copartnership; the names and places of residence of the
  253  principal officers, if the applicant is a body corporate or
  254  other artificial body; the name of the state under whose laws
  255  the corporation is organized; the present and former place or
  256  places of residence of the applicant; and prior business in
  257  which the applicant has been engaged and the location thereof.
  258  Such application shall describe the exact location of the place
  259  of business and shall state whether the place of business is
  260  owned by the applicant and when acquired, or, if leased, a true
  261  copy of the lease shall be attached to the application. The
  262  applicant shall certify that the location provides an adequately
  263  equipped office and is not a residence; that the location
  264  affords sufficient unoccupied space upon and within which
  265  adequately to store all motor vehicles offered and displayed for
  266  sale; and that the location is a suitable place where the
  267  applicant can in good faith carry on such business and keep and
  268  maintain books, records, and files necessary to conduct such
  269  business, which shall be available at all reasonable hours to
  270  inspection by the department or any of its inspectors or other
  271  employees. The applicant shall certify that the business of a
  272  motor vehicle dealer is the principal business which shall be
  273  conducted at that location. The application shall contain a
  274  statement that the applicant is: either franchised by a
  275  manufacturer of motor vehicles, in which case the name of each
  276  motor vehicle that the applicant is franchised to sell shall be
  277  included;, or an independent (nonfranchised) motor vehicle
  278  dealer; or a motor vehicle broker. The application shall contain
  279  other relevant information as may be required by the department,
  280  including evidence that the applicant is insured under a garage
  281  liability insurance policy or a general liability insurance
  282  policy coupled with a business automobile policy, which shall
  283  include, at a minimum, $25,000 combined single-limit liability
  284  coverage including bodily injury and property damage protection
  285  and $10,000 personal injury protection. However, a salvage motor
  286  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  287  from the requirements for garage liability insurance and
  288  personal injury protection insurance on those vehicles that
  289  cannot be legally operated on roads, highways, or streets in
  290  this state. Franchise dealers must submit a garage liability
  291  insurance policy, and all other dealers must submit a garage
  292  liability insurance policy or a general liability insurance
  293  policy coupled with a business automobile policy. Such policy
  294  shall be for the license period, and evidence of a new or
  295  continued policy shall be delivered to the department at the
  296  beginning of each license period. Upon making initial
  297  application, the applicant shall pay to the department a fee of
  298  $300 in addition to any other fees required by law. Applicants
  299  may choose to extend the licensure period for 1 additional year
  300  for a total of 2 years. An initial applicant shall pay to the
  301  department a fee of $300 for the first year and $75 for the
  302  second year, in addition to any other fees required by law. An
  303  applicant for renewal shall pay to the department $75 for a 1
  304  year renewal or $150 for a 2-year renewal, in addition to any
  305  other fees required by law. Upon making an application for a
  306  change of location, the person shall pay a fee of $50 in
  307  addition to any other fees now required by law. The department
  308  shall, in the case of every application for initial licensure,
  309  verify whether certain facts set forth in the application are
  310  true. Each applicant, general partner in the case of a
  311  partnership, or corporate officer and director in the case of a
  312  corporate applicant, must file a set of fingerprints with the
  313  department for the purpose of determining any prior criminal
  314  record or any outstanding warrants. The department shall submit
  315  the fingerprints to the Department of Law Enforcement for state
  316  processing and forwarding to the Federal Bureau of Investigation
  317  for federal processing. The actual cost of state and federal
  318  processing shall be borne by the applicant and is in addition to
  319  the fee for licensure. The department may issue a license to an
  320  applicant pending the results of the fingerprint investigation,
  321  which license is fully revocable if the department subsequently
  322  determines that any facts set forth in the application are not
  323  true or correctly represented.
  324         (4) LICENSE CERTIFICATE.—
  325         (a) An initial A license certificate shall be issued by the
  326  department in accordance with such application when the
  327  application is regular in form and in compliance with the
  328  provisions of this section. The license certificate may be in
  329  the form of a document or a computerized card as determined by
  330  the department. The actual cost of each original, additional, or
  331  replacement computerized card shall be borne by the licensee and
  332  is in addition to the fee for licensure. Such license, when so
  333  issued, entitles the licensee to carry on and conduct the
  334  business of a motor vehicle dealer or broker. Each license
  335  issued to a franchise motor vehicle dealer or motor vehicle
  336  broker expires on December 31 of the year of its expiration
  337  unless revoked or suspended prior to that date. Each license
  338  issued to an independent or wholesale dealer or auction expires
  339  on April 30 of the year of its expiration unless revoked or
  340  suspended prior to that date. At least 60 days before the
  341  license expiration date, the department shall deliver or mail to
  342  each licensee the necessary renewal forms. Each independent
  343  dealer shall certify that the dealer (owner, partner, officer,
  344  or director of the licensee, or a full-time employee of the
  345  licensee that holds a responsible management-level position) has
  346  completed 8 hours of continuing education prior to filing the
  347  renewal forms with the department. Such certification shall be
  348  filed once every 2 years. The continuing education shall include
  349  at least 2 hours of legal or legislative issues, 1 hour of
  350  department issues, and 5 hours of relevant motor vehicle
  351  industry topics. Continuing education shall be provided by
  352  dealer schools licensed under paragraph (b) either in a
  353  classroom setting or by correspondence. Such schools shall
  354  provide certificates of completion to the department and the
  355  customer which shall be filed with the license renewal form, and
  356  such schools may charge a fee for providing continuing
  357  education. Any licensee who does not file his or her application
  358  and fees and any other requisite documents, as required by law,
  359  with the department at least 30 days prior to the license
  360  expiration date shall cease to engage in business as a motor
  361  vehicle dealer on the license expiration date. A renewal filed
  362  with the department within 45 days after the expiration date
  363  shall be accompanied by a delinquent fee of $100. Thereafter, a
  364  new application is required, accompanied by the initial license
  365  fee. A license certificate duly issued by the department may be
  366  modified by endorsement to show a change in the name of the
  367  licensee, provided, as shown by affidavit of the licensee, the
  368  majority ownership interest of the licensee has not changed or
  369  the name of the person appearing as franchisee on the sales and
  370  service agreement has not changed. Modification of a license
  371  certificate to show any name change as herein provided shall not
  372  require initial licensure or reissuance of dealer tags; however,
  373  any dealer obtaining a name change shall transact all business
  374  in and be properly identified by that name. All documents
  375  relative to licensure shall reflect the new name. In the case of
  376  a franchise dealer, the name change shall be approved by the
  377  manufacturer, distributor, or importer. A licensee applying for
  378  a name change endorsement shall pay a fee of $25 which fee shall
  379  apply to the change in the name of a main location and all
  380  additional locations licensed under the provisions of subsection
  381  (5). Each initial license application received by the department
  382  shall be accompanied by verification that, within the preceding
  383  6 months, the applicant, or one or more of his or her designated
  384  employees, has attended a training and information seminar
  385  conducted by a licensed motor vehicle dealer training school.
  386  Any applicant for a new franchised motor vehicle dealer license
  387  who has held a valid franchised motor vehicle dealer license
  388  continuously for the past 2 years and who remains in good
  389  standing with the department is exempt from the prelicensing
  390  training requirement. Such seminar shall include, but is not
  391  limited to, statutory dealer requirements, which requirements
  392  include required bookkeeping and recordkeeping procedures,
  393  requirements for the collection of sales and use taxes, and such
  394  other information that in the opinion of the department will
  395  promote good business practices. No seminar may exceed 8 hours
  396  in length.
  397         (b) Each initial license application received by the
  398  department for licensure under subparagraph (1)(c)2. shall be
  399  accompanied by verification that, within the preceding 6 months,
  400  the applicant (owner, partner, officer, or director of the
  401  applicant, or a full-time employee of the applicant that holds a
  402  responsible management-level position) has successfully
  403  completed training conducted by a licensed motor vehicle dealer
  404  training school. Such training must include training in titling
  405  and registration of motor vehicles, laws relating to unfair and
  406  deceptive trade practices, laws relating to financing with
  407  regard to buy-here, pay-here operations, and such other
  408  information that in the opinion of the department will promote
  409  good business practices. Successful completion of this training
  410  shall be determined by examination administered at the end of
  411  the course and attendance of no less than 90 percent of the
  412  total hours required by such school. Any applicant who had held
  413  a valid motor vehicle dealer’s license continuously within the
  414  past 2 years and who remains in good standing with the
  415  department is exempt from the prelicensing requirements of this
  416  section. The department shall have the authority to adopt any
  417  rule necessary for establishing the training curriculum; length
  418  of training, which shall not exceed 8 hours for required
  419  department topics and shall not exceed an additional 24 hours
  420  for topics related to other regulatory agencies’ instructor
  421  qualifications; and any other requirements under this section.
  422  The curriculum for other subjects shall be approved by any and
  423  all other regulatory agencies having jurisdiction over specific
  424  subject matters; however, the overall administration of the
  425  licensing of these dealer schools and their instructors shall
  426  remain with the department. Such schools are authorized to
  427  charge a fee.
  428         (b)Each application for initial licensure as an
  429  independent motor vehicle dealer received by the department
  430  shall be accompanied by verification that, within the preceding
  431  6 months, the applicant or one or more of his or her designated
  432  employees has attended a training and information seminar
  433  conducted by a licensed motor vehicle dealer training school.
  434  Such seminar must include, but need not be limited to, statutory
  435  dealer requirements, which include required bookkeeping and
  436  recordkeeping procedures, requirements for the collection of
  437  sales and use taxes, and any other information that, in the
  438  opinion of the department, will promote good business practices.
  439  A seminar may not exceed 8 hours in length. Such training must
  440  include instruction in titling and registration of motor
  441  vehicles, laws relating to unfair and deceptive trade practices,
  442  laws relating to financing with regard to buy-here, pay-here
  443  operations, and such other information that in the opinion of
  444  the department promotes good business practices. Successful
  445  completion of this training shall be determined by examination
  446  administered at the end of the seminar and attendance of no less
  447  than 90 percent of the total hours required by such school. Any
  448  applicant for an independent dealer license who had held a valid
  449  motor vehicle dealer license continuously within the past 2
  450  years and who remains in good standing with the department is
  451  exempt from the prelicensing requirements of this section. The
  452  department may adopt any rule necessary for establishing the
  453  training curriculum; length of training, which shall not exceed
  454  8 hours for required department topics and shall not exceed an
  455  additional 24 hours for topics related to other regulatory
  456  agencies’ instructor qualifications; and any other requirements
  457  under this section. The curriculum for other subjects shall be
  458  approved by any and all other regulatory agencies having
  459  jurisdiction over the specific subject matters; however, the
  460  overall administration of the licensing of these dealer schools
  461  and their instructors shall remain with the department. Such
  462  schools are authorized to charge a fee for training.
  463         (c)At least 60 days before the license expiration date,
  464  the department shall deliver or mail to each licensee the
  465  necessary renewal forms.
  466         1.Each independent motor vehicle dealer must certify that
  467  the dealer has completed 8 hours of continuing education before
  468  filing the renewal forms with the department. For purposes of
  469  this subparagraph, the term “dealer” means an owner, partner,
  470  officer, or director of the licensee, or a full-time employee of
  471  the licensee that holds a responsible management-level position.
  472  Such certification must be filed once every 2 years. The
  473  continuing education shall include at least 2 hours of
  474  instruction in legal or legislative issues, 1 hour of
  475  instruction in department issues, and 5 hours of instruction in
  476  relevant motor vehicle industry topics. Continuing education
  477  shall be provided by dealer schools licensed under paragraph (b)
  478  either in a classroom setting or by correspondence. Such schools
  479  shall provide certificates of completion to the department and
  480  the customer which must be filed with the license renewal form,
  481  and such schools may charge a fee for providing continuing
  482  education.
  483         2.Each franchised motor vehicle dealer shall certify that
  484  the dealer, operator, owner, partner, director, or general
  485  manager of the licensee has completed 8 hours of industry
  486  certification on legal and legislative issues every 2 years
  487  provided by a Florida-based, nonprofit, dealer-owned, statewide
  488  industry association of franchised motor vehicle dealers with
  489  state and federal compliance credentials approved by the
  490  department. Such association may charge a fee for providing the
  491  industry certification. In the case of licensees belonging to a
  492  dealership group, the required certification may be satisfied
  493  for all licensees in the dealership group through completion of
  494  the industry certification by one designated owner, officer,
  495  director, or manager of the dealership group. For purposes of
  496  this section, a dealership group is two or more licensed
  497  franchised motor vehicle dealers with a common owner which has
  498  legal or equitable title of at least 80 percent of each dealer
  499  in the group. Certification shall be required in a classroom
  500  setting in a convenient location within the state and designated
  501  individuals shall receive certificates of completion from the
  502  organization which must be filed with their license renewal
  503  form. A licensee who seeks to satisfy the required certification
  504  through a dealership group must provide the department with
  505  evidence of the required common ownership at the time of filing
  506  the certificate of completion.
  507         3.Any licensee who does not file his or her application
  508  and any other requisite documents with, and pay the fees to, as
  509  required by law, the department at least 30 days before the
  510  license expiration date must cease to engage in business as a
  511  motor vehicle dealer no later than the license expiration date.
  512  A renewal filed with the department within 45 days after the
  513  expiration date must be accompanied by a delinquent fee of $100.
  514  Thereafter, a new application is required, accompanied by the
  515  initial license fee.
  516         (d)A license certificate duly issued by the department may
  517  be modified by endorsement to show a change in the name of the
  518  licensee, provided, as shown by affidavit of the licensee, the
  519  majority ownership interest of the licensee has not changed or
  520  the name of the person appearing as franchisee on the sales and
  521  service agreement has not changed. Modification of a license
  522  certificate to show any name change as provided in this
  523  paragraph does not require initial licensure or reissuance of
  524  dealer tags; however, any dealer obtaining a name change shall
  525  transact all business in and be properly identified by that
  526  name. All documents relative to licensure shall reflect the new
  527  name. In the case of a franchised motor vehicle dealer, the name
  528  change shall be approved by the manufacturer, distributor, or
  529  importer. A licensee applying for a name change endorsement
  530  shall pay a fee of $25 which shall apply to the change in the
  531  name of a main location and all additional locations licensed
  532  under subsection (5).
  533         Section 2. This act shall take effect July 1, 2018.