Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1992
417306
Senate
Comm: 4/RCS
3/11/2008
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House
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The Committee on Transportation (Baker) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Between line(s) 759-760
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insert:
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Section 23. Subsection (3) of section 320.27, Florida
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Statutes, is amended to read:
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320.27 Motor vehicle dealers.--
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(3) APPLICATION AND FEE.--The application for the license
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shall be in such form as may be prescribed by the department and
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shall be subject to such rules with respect thereto as may be so
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prescribed by it. Such application shall be verified by oath or
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affirmation and shall contain a full statement of the name and
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birth date of the person or persons applying therefor; the name
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of the firm or copartnership, with the names and places of
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residence of all members thereof, if such applicant is a firm or
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copartnership; the names and places of residence of the
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principal officers, if the applicant is a body corporate or
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other artificial body; the name of the state under whose laws
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the corporation is organized; the present and former place or
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places of residence of the applicant; and prior business in
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which the applicant has been engaged and the location thereof.
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Such application shall describe the exact location of the place
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of business and shall state whether the place of business is
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owned by the applicant and when acquired, or, if leased, a true
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copy of the lease shall be attached to the application. The
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applicant shall certify that the location provides an adequately
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equipped office and is not a residence; that the location
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affords sufficient unoccupied space upon and within which
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adequately to store all motor vehicles offered and displayed for
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sale; and that the location is a suitable place where the
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applicant can in good faith carry on such business and keep and
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maintain books, records, and files necessary to conduct such
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business, which will be available at all reasonable hours to
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inspection by the department or any of its inspectors or other
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employees. The applicant shall certify that the business of a
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motor vehicle dealer is the principal business which shall be
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conducted at that location. Such application shall contain a
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statement that the applicant is either franchised by a
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manufacturer of motor vehicles, in which case the name of each
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motor vehicle that the applicant is franchised to sell shall be
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included, or an independent (nonfranchised) motor vehicle
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dealer. Such application shall contain such other relevant
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information as may be required by the department, including
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evidence that the applicant is insured under a garage liability
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insurance policy, which shall include, at a minimum, $25,000
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combined single-limit liability coverage including bodily injury
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and property damage protection and $10,000 personal injury
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protection. Such policy shall be for the license period, and
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evidence of a new or continued policy shall be delivered to the
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department at the beginning of each license period. Upon making
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such initial application, the person applying therefor shall pay
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to the department a fee of $300 in addition to any other fees
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now required by law; upon making a subsequent renewal
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application, the person applying therefor shall pay to the
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department a fee of $75 in addition to any other fees now
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required by law. Upon making an application for a change of
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location, the person shall pay a fee of $50 in addition to any
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other fees now required by law. The department shall, in the
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case of every application for initial licensure, verify whether
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certain facts set forth in the application are true. Each
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applicant, general partner in the case of a partnership, or
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corporate officer and director in the case of a corporate
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applicant, must file a set of fingerprints with the department
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for the purpose of determining any prior criminal record or any
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outstanding warrants. The department shall submit the
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fingerprints to the Department of Law Enforcement for state
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processing and forwarding to the Federal Bureau of Investigation
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for federal processing. The actual cost of such state and
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federal processing shall be borne by the applicant and is to be
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in addition to the fee for licensure. The department may issue a
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license to an applicant pending the results of the fingerprint
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investigation, which license is fully revocable if the
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department subsequently determines that any facts set forth in
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the application are not true or correctly represented.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Line 78, after the first semicolon
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insert:
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amending s. 320.27, F.S., revising evidence required for
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motor vehicle dealer applications;
3/7/2008 5:38:00 PM TR.TR.04606
CODING: Words stricken are deletions; words underlined are additions.