Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 454
                        Barcode 295946
                            CHAMBER ACTION
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11  The Committee on Criminal Justice (King) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 8, between lines 25 and 26,
16  
17  insert:
18         Section 8.  Subsection (19) is added to section 320.02,
19  Florida Statutes, to read:
20         320.02  Registration required; application for
21  registration; forms; withholding of registration.--
22         (19)  The department is authorized to withhold
23  registration or re-registration of a motor vehicle if the
24  owner, or one of the co-owners' name appears on a list with
25  the department that was submitted by a licensed motor vehicle
26  dealer to the department for a previous registration of that
27  vehicle. The motor vehicle dealer must maintain signed
28  evidence that the owner or co-owner acknowledged the dealer's
29  authority to submit the list to the department if they failed
30  to pay, and note the amount the owner or co-owner would be
31  responsible for their vehicle registration. The dealer must
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    12:09 PM   03/29/05                             s0454.cj08.eee

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 454 Barcode 295946 1 maintain the necessary documentation required in this 2 subsection or face penalties as provided in s. 320.27. This 3 subsection does not affect the issuance of a title to a motor 4 vehicle. 5 (a) The motor vehicle owner or co-owner may dispute 6 the claim that money is owed to a dealer for registration fees 7 by submitting a form to the department if the motor vehicle 8 owner or co-owner has documentary proof that the registration 9 fees have been paid to the dealer for the disputed amount. 10 Without clear evidence of the amounts owed for the vehicle 11 registration and repayment, the department will assume initial 12 payments are applied to government assessed fees first. 13 (b) If the registered owner's dispute complies with 14 paragraph (a), the department shall immediately remove the 15 motor vehicle owner or co-owner's name form the list thereby 16 allowing the issuance of a license plate or revalidation 17 sticker. 18 Section 9. Subparagraph 18 is added to paragraph (b) 19 of subsection (9) of section 320.27, Florida Statutes, to 20 read: 21 320.27 Motor vehicle dealers.-- 22 (9) DENIAL, SUSPENSION, OR REVOCATION.-- 23 (b) The department may deny, suspend, or revoke any 24 license issued hereunder or under the provisions of s. 320.77 25 or s. 320.771 upon proof that a licensee has committed, with 26 sufficient frequency so as to establish a pattern of 27 wrongdoing on the part of a licensee, violations of one or 28 more of the following activities: 29 18. Failure to maintain evidence of notification to 30 the owner or co-owner of a vehicle regarding registration or 31 titling fees owned as required in s. 320.02(19). 2 12:09 PM 03/29/05 s0454.cj08.eee
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for SB 454 Barcode 295946 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 1, line 25, after the semicolon 8 9 insert: 10 amending s. 320.02, F.S.; authorizing the 11 withholding of motor vehicle registrations or 12 re-registrations in certain situations; 13 requiring motor vehicle dealers to maintain 14 certain information; allowing owners and 15 co-owners to dispute dealer's claims of money 16 owned; amending s. 320.27, F.S.; providing for 17 motor vehicle dealer license discipline for 18 failure to maintain evidence of notification to 19 the owner or co-owner of a vehicle regarding 20 registration and titling fees owed; 21 22 23 24 25 26 27 28 29 30 31 3 12:09 PM 03/29/05 s0454.cj08.eee