Senate Bill sb2188

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    Florida Senate - 2007                                  SB 2188

    By Senator Constantine





    22-1451-07

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         316.1951, F.S.; revising provisions relating to

  4         parking vehicles on public property for the

  5         purpose of displaying the vehicles for sale,

  6         hire, or rental; providing exceptions;

  7         prohibiting certain acts in the sale of motor

  8         vehicles; providing an effective date.

  9  

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

11  

12         Section 1.  Section 316.1951, Florida Statutes, is

13  amended to read:

14         316.1951  Parking for certain purposes prohibited; sale

15  of motor vehicles; prohibited acts.--

16         (1)  It is unlawful for any person to park a motor

17  vehicle, as defined in s. 320.01, for a continuous period in

18  excess of 24 hours, after written notice, upon a public street

19  or highway, upon a public parking lot, or other public

20  property, or upon private property where the public has the

21  right to travel by motor vehicle, for the principal purpose

22  and intent of displaying the motor vehicle thereon for sale,

23  hire, or rental unless the sale, hire, or rental of the motor

24  vehicle is specifically authorized on such property by

25  municipal or county regulation and the person is duly licensed

26  as a motor vehicle dealer in accordance with s. 320.27, and

27  the person is in compliance with all municipal or county

28  licensing regulations.

29         (2)  The provisions of subsection (1) do not prohibit a

30  person from parking his or her own motor vehicle or his or her

31  other personal property on any private real property which the

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    Florida Senate - 2007                                  SB 2188
    22-1451-07




 1  person owns or leases or on private real property which the

 2  person does not own or lease, but for which he or she obtains

 3  the permission of the owner, or on the public street

 4  immediately adjacent thereto, for the principal purpose and

 5  intent of sale, hire, or rental.

 6         (3)  Subsection (1) does not prohibit a licensed motor

 7  vehicle dealer from displaying or offering for sale motor

 8  vehicles at locations other than the dealer's licensed

 9  location if the dealer has been issued a supplemental license

10  for off-premises sales, as provided in s. 320.27(5), and has

11  complied with the requirements in subsection (1). A vehicle

12  displayed for sale by a licensed dealer at any location other

13  than the dealer's licensed location is subject to immediate

14  removal without warning.

15         (4)(3)  The Department of Highway Safety and Motor

16  Vehicles shall adopt by rule a uniform written notice to be

17  used to enforce this section. Each law enforcement agency in

18  this state shall provide, at each agency's expense, the notice

19  forms necessary to enforce this section.

20         (5)(4)  A law enforcement officer, compliance officer

21  examiner, license inspector, or supervisor of the department

22  may cause to be removed at the owner's expense any motor

23  vehicle found upon a public street, public parking lot, other

24  public property, or private property, where the public has the

25  right to travel by motor vehicle, which is in violation of

26  subsection (1), which has been parked in one location for more

27  than 24 hours after a written notice has been issued. Every

28  written notice issued pursuant to this section shall be

29  affixed in a conspicuous place upon a vehicle by a law

30  enforcement officer, compliance officer examiner, license

31  inspector, or supervisor of the department. Any vehicle found

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    Florida Senate - 2007                                  SB 2188
    22-1451-07




 1  in violation of subsection (1) within 30 10 days after a

 2  previous violation and written notice is shall be subject to

 3  immediate removal without an additional waiting period.

 4         (6)  It is unlawful to offer a vehicle for sale if the

 5  vehicle identification number has been destroyed, removed,

 6  covered, altered, or defaced, as described in s. 319.33(1)(d).

 7  A vehicle found in violation of this subsection is subject to

 8  immediate removal without warning.

 9         (7)  It is unlawful to knowingly attach to any motor

10  vehicle a registration that was not assigned or lawfully

11  transferred to the vehicle pursuant to s. 320.261. A vehicle

12  found in violation of this subsection is subject to immediate

13  removal without warning.

14         (8)  It is unlawful to display or offer for sale a

15  vehicle that does not have a valid registration as provided in

16  s. 320.02. A vehicle found in violation of this subsection is

17  subject to immediate removal without warning.

18         (9)  A vehicle is subject to immediate removal without

19  warning if it bears a telephone number that has been displayed

20  on three or more vehicles offered for sale within a 12-month

21  period.

22         (10)(5)  Any other provision of law to the contrary

23  notwithstanding, a violation of subsection (1) shall subject

24  the owner of such motor vehicle to towing fees reasonably

25  necessitated by removal and storage of the motor vehicle.

26         (11)(6)  This section does not prohibit the governing

27  body of a municipality or county, with respect to streets,

28  highways, or other property under its jurisdiction, from

29  regulating the parking of motor vehicles for any purpose.

30         (12)(7)  A violation of this section is a noncriminal

31  traffic infraction, punishable as a nonmoving violation as

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    Florida Senate - 2007                                  SB 2188
    22-1451-07




 1  provided in chapter 318, unless otherwise mandated by general

 2  law.

 3         Section 2.  This act shall take effect July 1, 2007.

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 6                          SENATE SUMMARY

 7    Revises provisions relating to parking vehicles on public
      property for the purpose of displaying the vehicle for
 8    sale, hire, or rental. Provides exceptions. Prohibits
      certain acts in the sale of motor vehicles.
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