| 1 | Representative(s) Russell offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove line(s) 56-108 and insert: |
| 5 | that the dealer principal (owner, partner, officer of the |
| 6 | corporation, or director of the licensee, or a full-time |
| 7 | employee of the licensee who holds a responsible management- |
| 8 | level position) has completed 8 hours of continuing education |
| 9 | prior to filing the renewal forms with the department. Such |
| 10 | certification shall be filed once every 2 years commencing with |
| 11 | the 2006 renewal period. The continuing education shall include |
| 12 | at least 2 hours of legal or legislative issues, 1 hour of |
| 13 | department issues, and 5 hours of relevant motor vehicle |
| 14 | industry topics. Continuing education shall be provided by |
| 15 | dealer schools licensed under paragraph (b) either in a |
| 16 | classroom setting or by correspondence. Such schools shall |
| 17 | provide certificates of completion to the department and the |
| 18 | customer which shall be filed with the license renewal form, and |
| 19 | such schools may charge a fee for providing continuing |
| 20 | education. Any licensee who does not file his or her application |
| 21 | and fees and any other requisite documents, as required by law, |
| 22 | with the department at least 30 days prior to the license |
| 23 | expiration date shall cease to engage in business as a motor |
| 24 | vehicle dealer on the license expiration date. A renewal filed |
| 25 | with the department within 45 days after the expiration date |
| 26 | shall be accompanied by a delinquent fee of $100. Thereafter, a |
| 27 | new application is required, accompanied by the initial license |
| 28 | fee. A license certificate duly issued by the department may be |
| 29 | modified by endorsement to show a change in the name of the |
| 30 | licensee, provided, as shown by affidavit of the licensee, the |
| 31 | majority ownership interest of the licensee has not changed or |
| 32 | the name of the person appearing as franchisee on the sales and |
| 33 | service agreement has not changed. Modification of a license |
| 34 | certificate to show any name change as herein provided shall not |
| 35 | require initial licensure or reissuance of dealer tags; however, |
| 36 | any dealer obtaining a name change shall transact all business |
| 37 | in and be properly identified by that name. All documents |
| 38 | relative to licensure shall reflect the new name. In the case of |
| 39 | a franchise dealer, the name change shall be approved by the |
| 40 | manufacturer, distributor, or importer. A licensee applying for |
| 41 | a name change endorsement shall pay a fee of $25 which fee shall |
| 42 | apply to the change in the name of a main location and all |
| 43 | additional locations licensed under the provisions of subsection |
| 44 | (5). Each initial license application received by the department |
| 45 | shall be accompanied by verification that, within the preceding |
| 46 | 6 months, the applicant, or one or more of his or her designated |
| 47 | employees, has attended a training and information seminar |
| 48 | conducted by a licensed motor vehicle dealer training school. |
| 49 | Any applicant for a new franchised motor vehicle dealer license |
| 50 | who has held a valid franchised motor vehicle dealer license |
| 51 | continuously for the past 2 years and who remains in good |
| 52 | standing with the department is exempt from the prelicensing |
| 53 | training requirement. Such seminar shall include, but is not |
| 54 | limited to, statutory dealer requirements, which requirements |
| 55 | include required bookkeeping and recordkeeping procedures, |
| 56 | requirements for the collection of sales and use taxes, and such |
| 57 | other information that in the opinion of the department will |
| 58 | promote good business practices. No seminar may exceed 8 hours |
| 59 | in length. |
| 60 | (b) Each initial license application received by the |
| 61 | department for licensure under subparagraph (1)(c)2. must be |
| 62 | accompanied by verification that, within the preceding 6 months, |
| 63 | the applicant (owner, partner, officer of the corporation, or |
| 64 | director of the applicant, or a full-time employee of the |
| 65 | applicant who holds a responsible management-level position) has |
| 66 | successfully completed training conducted by a licensed motor |
| 67 | vehicle dealer training school. Such training must include |
| 68 | training in titling and registration of motor vehicles, laws |
| 69 | relating to unfair and deceptive trade practices, laws relating |
| 70 | to financing with regard to buy-here, pay-here operations, and |
| 71 | such other information that in the opinion of the department |
| 72 | will promote good business practices. Successful completion of |
| 73 | this training shall be determined by examination administered at |
| 74 | the end of the course and attendance of no less than 90 percent |
| 75 | of the total hours required by such school. Any applicant who |
| 76 | had held a valid motor vehicle dealer's license within the past |
| 77 | 2 years and who remains in good standing with the department is |
| 78 | exempt from the requirements of this paragraph. In the case of |
| 79 | nonresident applicants, the requirement to attend such training |
| 80 | shall be placed on any employee of the licensee who holds a |
| 81 | responsible management-level position and who is employed full- |
| 82 | time at the motor vehicle dealership. The department shall have |
| 83 | the authority to adopt any rule necessary for establishing the |
| 84 | training curriculum; length of training, which shall not exceed |
| 85 | 8 hours for required department topics and shall not exceed an |
| 86 | additional 24 hours for topics related to other regulatory |
| 87 | agencies' instructor qualifications; and any other requirements |
| 88 | under this section. The curriculum for other subjects shall be |
| 89 | approved by any and all other regulatory agencies having |
| 90 | jurisdiction over specific subject matters; however, the overall |
| 91 | administration of the licensing of these dealer schools and |
| 92 | their instructors shall remain with the department. Such schools |
| 93 | are authorized to charge a fee. This privatized method for |
| 94 | training applicants for dealer licensing pursuant to |
| 95 | subparagraph (1)(c)2. is a pilot program that shall be evaluated |
| 96 | by the department after it has been in operation for a period of |
| 97 | 2 years. |
| 98 |
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| 99 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 100 | Remove line(s) 35-36 and insert: |
| 101 | Section 1. Subsection (4) of section 320.27, Florida |
| 102 | Statutes, is amended to read: |
| 103 |
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| 104 |
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| 105 | ======= T I T L E A M E N D M E N T ======= |
| 106 | Remove line 7 and insert: |
| 107 | 320.27, F.S.; revising education requirements for |
| 108 | licensure to provide for a full-time, management-level |
| 109 | employee of the applicant or licensee; exempting certain |
| 110 | applicants for a new |