Senate Bill sb1882

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1882

    By Senator Latvala





    19-1192A-02                                         See HB 347

  1                      A bill to be entitled

  2         An act relating to the Motor Vehicle Warranty

  3         Enforcement Act; amending s. 681.117, F.S.;

  4         providing for the remittance of a fee by motor

  5         vehicle dealers to the Department of Revenue

  6         under certain circumstances; amending s.

  7         681.1096, F.S.; postponing expiration of the

  8         Pilot RV Mediation and Arbitration Program;

  9         providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 681.117, Florida Statutes, is

14  amended to read:

15         681.117  Fee.--

16         (1)  A $2 fee shall be collected by a motor vehicle

17  dealer, or by a person engaged in the business of leasing

18  motor vehicles, from the consumer at the consummation of the

19  sale of a motor vehicle or at the time of entry into a lease

20  agreement for a motor vehicle. Such fees shall be remitted to

21  the county tax collector or private tag agency acting as agent

22  for the Department of Revenue. If the purchaser or lessee

23  removes the motor vehicle from the state for titling and

24  registration outside Florida, the fee shall be remitted to the

25  Department of Revenue. All fees, less the cost of

26  administration, shall be transferred monthly to the Department

27  of Legal Affairs for deposit into the Motor Vehicle Warranty

28  Trust Fund. The Department of Legal Affairs shall distribute

29  monthly an amount not exceeding one-fourth of the fees

30  received to the Division of Consumer Services of the

31  Department of Agriculture and Consumer Services to carry out

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1882
    19-1192A-02                                         See HB 347




  1  the provisions of ss. 681.108 and 681.109. The Department of

  2  Legal Affairs shall contract with the Division of Consumer

  3  Services for payment of services performed by the division

  4  pursuant to ss. 681.108 and 681.109.

  5         (2)  The Department of Revenue shall administer,

  6  collect, and enforce the fee authorized under this section

  7  pursuant to the provisions of chapter 212. The fee shall not

  8  be included in the computation of estimated taxes pursuant to

  9  s. 212.11(1)(a), nor shall the dealer's credit provided under

10  s. 212.12 apply to the fee. The provisions of chapter 212

11  regarding the authority to audit and make assessments, the

12  keeping of books and records, and interest and penalties on

13  delinquent fees apply to the fee imposed by this section.

14         Section 2.  Subsection (1) of section 681.1096, Florida

15  Statutes, is amended to read:

16         681.1096  Pilot RV Mediation and Arbitration Program;

17  creation and qualifications.--

18         (1)  This section and s. 681.1097 shall apply to

19  disputes determined eligible under this chapter involving

20  recreational vehicles acquired on or after October 1, 1997,

21  and shall remain in effect until September 30, 2006 2002, at

22  which time recreational vehicle disputes shall be subject to

23  the provisions of ss. 681.109 and 681.1095. The Attorney

24  General shall report to the President of the Senate, the

25  Speaker of the House of Representatives, the Minority Leader

26  of each house of the Legislature, and appropriate legislative

27  committees regarding the effectiveness of the pilot program.

28         Section 3.  This act shall take effect July 1, 2002.

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 1882
    19-1192A-02                                         See HB 347




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Provides that a $2 fee collected by motor vehicle dealers
      under the Motor Vehicle Warranty Enforcement Act shall be
  4    remitted to the Department of Revenue if the purchaser or
      lessee removes the motor vehicle from the state for
  5    titling and registration outside of Florida. Extends the
      life of the Pilot RV Mediation and Arbitration Program
  6    until September 30, 2006.

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.