Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 2630
       
       
       
       
       
       
                                Barcode 220510                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/30/2009 11:46 AM       .                                
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       Senator Haridopolos moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 648 and 649
    4  insert:
    5         Section 6. Subsection (10) of section 320.771, Florida
    6  Statutes, is amended to read:
    7         320.771 License required of recreational vehicle dealers.—
    8         (10) EVIDENCE OF TITLE REQUIRED.—
    9         (a) The licensee shall also have in his or her possession
   10  for each new recreational vehicle a manufacturer’s invoice or
   11  statement of origin, and for each used recreational vehicle a
   12  properly assigned certificate of title or registration
   13  certificate if the used recreational vehicle was previously
   14  registered in a nontitle state, from the time the recreational
   15  vehicle is delivered to the licensee until it has been disposed
   16  of by the licensee.
   17         (b)For each used recreational vehicle in the possession of
   18  a licensee and offered for sale by him or her, the licensee
   19  either shall have in his or her possession or control a duly
   20  assigned certificate of title from the owner in accordance with
   21  the provisions of chapter 319,or a registration certificate if
   22  the used recreational vehicle was previously registered in a
   23  nontitle state, from the time when the vehicle is delivered to
   24  the licensee and offered for sale by him or her until it has
   25  been disposed of by the licensee, or shall have reasonable
   26  indicia of ownership or right of possession, or shall have made
   27  proper application for a certificate of title or duplicate
   28  certificate of title in accordance with the provisions of
   29  chapter 319. A dealer may not sell or offer for sale a vehicle
   30  in his or her possession unless the dealer satisfies the
   31  requirements of this subsection. Reasonable indicia of ownership
   32  shall include a duly assigned certificate of title; in the case
   33  of a new vehicle, a manufacturer’s certificate of origin issued
   34  to or reassigned to the dealer; a consignment contract between
   35  the owner and the dealer along with a secure power of attorney
   36  from the owner to the dealer authorizing the dealer to apply for
   37  a duplicate certificate of title and assign the title on behalf
   38  of the owner; a court order awarding title to the vehicle to the
   39  dealer; a salvage certificate of title; a photocopy of a duly
   40  assigned certificate of title being held by a financial
   41  institution as collateral for a business loan of money to the
   42  dealer (“floor plan”); a copy of a canceled check or other
   43  documentation evidencing that an outstanding lien on a vehicle
   44  taken in trade by a licensed dealer has been satisfied and that
   45  the certificate of title will be, but has not yet been, received
   46  by the dealer; a vehicle purchase order or installment contract
   47  for a specific vehicle identifying that vehicle as a trade-in on
   48  a replacement vehicle; or a duly executed odometer disclosure
   49  statement as required by Title IV of the Motor Vehicle
   50  Information and Cost Savings Act of 1972 (Pub. L. No. 92-513, as
   51  amended by Pub. L. No. 94-364 and Pub. L. No. 100-561) and by 49
   52  C.F.R. part 580 bearing the signatures of the titled owners of a
   53  traded-in vehicle.
   54  
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57         And the title is amended as follows:
   58         Delete line 41
   59  and insert:
   60         severability; amending s. 320.771, F.S.; conforming
   61         provisions relating to certificate of title
   62         requirements for recreational vehicle dealers;
   63         providing an effective date.