HB 631

1
A bill to be entitled
2An act relating to motor vehicle transactions; amending s.
3316.1951, F.S.; directing the Department of Highway Safety
4and Motor Vehicles to adopt a uniform traffic citation to
5be used to enforce provisions that prohibit parking a
6motor vehicle on certain property for the purpose of
7displaying the motor vehicle as being for sale, hire, or
8rental; removing a requirement that each law enforcement
9agency provide its own notice for such enforcement;
10authorizing a code enforcement officer from any local
11government agency to enforce such provisions; providing
12that the owner of a vehicle parked in violation of such
13provisions is subject to a fine in addition to towing and
14storage fees; amending s. 318.18, F.S.; specifying a fine
15for a vehicle that is displayed for sale, hire, or rental
16in violation of such provisions; amending s. 319.225,
17F.S.; prohibiting the department from requiring the
18signature of the transferor to be notarized on certain
19motor vehicle title transfer forms relating to mileage of
20the vehicle; requiring the forms to include an affidavit
21declaring facts in the document to be true; amending s.
22319.23, F.S.; providing that, under certain circumstances,
23a motor vehicle dealer is not required to apply for a
24certificate of title for a motor vehicle sold to a general
25purchaser who resides outside the state; amending s.
26320.02, F.S.; directing the department to place the name
27of the owner of a motor vehicle on the list of persons who
28may not be issued a license plate or revalidation sticker
29if that person is on a list submitted to the department by
30a licensed dealer; amending s. 320.27, F.S.; clarifying an
31exemption from certain dealer prelicensing requirements;
32removing a requirement for evaluation of privatized
33applicant training methods; limiting the issuance to a
34licensed dealer of supplemental off-premises sale
35licenses; authorizing dealer records to be kept in either
36paper or electronic form; providing procedures for
37transfer of documents to electronic form; authorizing the
38department to deny, suspend, or revoke a dealer's license
39for certain actions relating to payments made to the
40department; authorizing a dealer training school to cancel
41the training certificate issued to a student for certain
42actions relating to payments made to the school; providing
43an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Section 316.1951, Florida Statutes, is amended
48to read:
49     316.1951  Parking for certain purposes prohibited; sale of
50motor vehicles; prohibited acts.-
51     (1)  It is unlawful for any person to park a motor vehicle,
52as defined in s. 320.01, upon a public street or highway, upon a
53public parking lot, or other public property, or upon private
54property where the public has the right to travel by motor
55vehicle, for the principal purpose and intent of displaying the
56motor vehicle thereon for sale, hire, or rental unless the sale,
57hire, or rental of the motor vehicle is specifically authorized
58on such property by municipal or county regulation and the
59person is in compliance with all municipal or county licensing
60regulations.
61     (2)  The provisions of subsection (1) do not prohibit a
62person from parking his or her own motor vehicle or his or her
63other personal property on any private real property which the
64person owns or leases or on private real property which the
65person does not own or lease, but for which he or she obtains
66the permission of the owner, or on the public street immediately
67adjacent thereto, for the principal purpose and intent of sale,
68hire, or rental.
69     (3)  Subsection (1) does not prohibit a licensed motor
70vehicle dealer from displaying for sale or offering for sale
71motor vehicles at locations other than the dealer's licensed
72location if the dealer has been issued a supplemental license
73for off-premises sales, as provided in s. 320.27(5), and has
74complied with the requirements in subsection (1). A vehicle
75displayed for sale by a licensed dealer at any location other
76than the dealer's licensed location is subject to immediate
77removal without warning.
78     (4)  The Department of Highway Safety and Motor Vehicles
79shall adopt by rule a uniform written traffic citation notice to
80be used to enforce this section. Each law enforcement agency in
81this state shall provide, at each agency's expense, the notice
82forms necessary to enforce this section.
83     (5)  A law enforcement officer, compliance officer, code
84enforcement officer from any local government agency, or
85supervisor of the department may cause to be removed at the
86owner's expense any motor vehicle found in violation of
87subsection (1) that, which has been parked in one location for
88more than 24 hours after a written traffic citation notice has
89been issued. Every written traffic citation notice issued
90pursuant to this section shall be affixed in a conspicuous place
91upon a vehicle by a law enforcement officer, compliance officer,
92code enforcement officer, or supervisor of the department. Any
93vehicle found in violation of subsection (1) within 30 days
94after a previous violation and written traffic citation notice
95is subject to immediate removal without an additional waiting
96period.
97     (6)  It is unlawful to offer a vehicle for sale if the
98vehicle identification number has been destroyed, removed,
99covered, altered, or defaced, as described in s. 319.33(1)(d). A
100vehicle found in violation of this subsection is subject to
101immediate removal without warning.
102     (7)  It is unlawful to knowingly attach to any motor
103vehicle a registration that was not assigned or lawfully
104transferred to the vehicle pursuant to s. 320.261. A vehicle
105found in violation of this subsection is subject to immediate
106removal without warning.
107     (8)  It is unlawful to display or offer for sale a vehicle
108that does not have a valid registration as provided in s.
109320.02. A vehicle found in violation of this subsection is
110subject to immediate removal without warning. This subsection
111does not apply to vehicles and recreational vehicles being
112offered for sale through motor vehicle auctions as defined in s.
113320.27(1)(c)4.
114     (9)  A vehicle is subject to immediate removal without
115warning if it bears a telephone number that has been displayed
116on three or more vehicles offered for sale within a 12-month
117period.
118     (10)  Any other provision of law to the contrary
119notwithstanding, a violation of subsection (1) shall subject the
120owner of such motor vehicle to towing fees reasonably
121necessitated by removal and storage of the motor vehicle and a
122fine as required by s. 318.18.
123     (11)  This section does not prohibit the governing body of
124a municipality or county, with respect to streets, highways, or
125other property under its jurisdiction, from regulating the
126parking of motor vehicles for any purpose.
127     (12)  A violation of this section is a noncriminal traffic
128infraction, punishable as a nonmoving violation as provided in
129chapter 318, unless otherwise mandated by general law.
130     Section 2.  Subsection (21) is added to section 318.18,
131Florida Statutes, to read:
132     318.18  Amount of penalties.-The penalties required for a
133noncriminal disposition pursuant to s. 318.14 or a criminal
134offense listed in s. 318.17 are as follows:
135     (21)  One hundred dollars for a violation of s. 316.1951
136for a vehicle that is unlawfully displayed for sale, hire, or
137rental.
138     Section 3.  Paragraphs (a) and (b) of subsection (6) of
139section 319.225, Florida Statutes, are amended to read:
140     319.225  Transfer and reassignment forms; odometer
141disclosure statements.-
142     (6)(a)  If the certificate of title is physically held by a
143lienholder, the transferor may give a power of attorney to his
144or her transferee for the purpose of odometer disclosure. The
145power of attorney must be on a form issued or authorized by the
146department, which form must be in compliance with 49 C.F.R. ss.
147580.4 and 580.13. The department shall not require the signature
148of the transferor to be notarized on the form; however, in lieu
149of notarization, the form shall include an affidavit with the
150following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
151HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
152ARE TRUE. The transferee shall sign the power of attorney form,
153print his or her name, and return a copy of the power of
154attorney form to the transferor. Upon receipt of a title
155certificate, the transferee shall complete the space for mileage
156disclosure on the title certificate exactly as the mileage was
157disclosed by the transferor on the power of attorney form. If
158the transferee is a licensed motor vehicle dealer who is
159transferring the vehicle to a retail purchaser, the dealer shall
160make application on behalf of the retail purchaser as provided
161in s. 319.23(6) and shall submit the original power of attorney
162form to the department with the application for title and the
163transferor's title certificate; otherwise, a dealer may reassign
164the title certificate by using the dealer reassignment form in
165the manner prescribed in subsection (3), and, at the time of
166physical transfer of the vehicle, the original power of attorney
167shall be delivered to the person designated as the transferee of
168the dealer on the dealer reassignment form. A copy of the
169executed power of attorney shall be submitted to the department
170with a copy of the executed dealer reassignment form within 5
171business days after the certificate of title and dealer
172reassignment form are delivered by the dealer to its transferee.
173     (b)  If the certificate of title is lost or otherwise
174unavailable, the transferor may give a power of attorney to his
175or her transferee for the purpose of odometer disclosure. The
176power of attorney must be on a form issued or authorized by the
177department, which form must be in compliance with 49 C.F.R. ss.
178580.4 and 580.13. The department shall not require the signature
179of the transferor to be notarized on the form; however, in lieu
180of notarization, the form shall include an affidavit with the
181following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
182HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
183ARE TRUE. The transferee shall sign the power of attorney form,
184print his or her name, and return a copy of the power of
185attorney form to the transferor. Upon receipt of the title
186certificate or a duplicate title certificate, the transferee
187shall complete the space for mileage disclosure on the title
188certificate exactly as the mileage was disclosed by the
189transferor on the power of attorney form. If the transferee is a
190licensed motor vehicle dealer who is transferring the vehicle to
191a retail purchaser, the dealer shall make application on behalf
192of the retail purchaser as provided in s. 319.23(6) and shall
193submit the original power of attorney form to the department
194with the application for title and the transferor's title
195certificate or duplicate title certificate; otherwise, a dealer
196may reassign the title certificate by using the dealer
197reassignment form in the manner prescribed in subsection (3),
198and, at the time of physical transfer of the vehicle, the
199original power of attorney shall be delivered to the person
200designated as the transferee of the dealer on the dealer
201reassignment form. A copy of the executed power of attorney
202shall be submitted to the department with a copy of the executed
203dealer reassignment form within 5 business days after the
204duplicate certificate of title and dealer reassignment form are
205delivered by the dealer to its transferee.
206     Section 4.  Subsection (6) of section 319.23, Florida
207Statutes, is amended to read:
208     319.23  Application for, and issuance of, certificate of
209title.-
210     (6)(a)  In the case of the sale of a motor vehicle or
211mobile home by a licensed dealer to a general purchaser, the
212certificate of title must be obtained in the name of the
213purchaser by the dealer upon application signed by the
214purchaser, and in each other case such certificate must be
215obtained by the purchaser. In each case of transfer of a motor
216vehicle or mobile home, the application for a certificate of
217title, a or corrected certificate, or an assignment or
218reassignment, must be filed within 30 days after from the
219delivery of the motor vehicle or mobile home to the purchaser.
220An applicant must pay a fee of $20, in addition to all other
221fees and penalties required by law, for failing to file such
222application within the specified time. In the case of the sale
223of a motor vehicle by a licensed motor vehicle dealer to a
224general purchaser who resides in another state or country, the
225dealer is not required to apply for a certificate of title for
226the motor vehicle; however, the dealer must transfer ownership
227and reassign the certificate of title or manufacturer's
228certificate of origin to the purchaser, and the purchaser must
229sign an affidavit, as approved by the department, that the
230purchaser will title and register the motor vehicle in another
231state or country.
232     (b)  If a licensed dealer acquires a motor vehicle or
233mobile home as a trade-in, the dealer must file with the
234department, within 30 days, a notice of sale signed by the
235seller. The department shall update its database for that title
236record to indicate "sold." A licensed dealer need not apply for
237a certificate of title for any motor vehicle or mobile home in
238stock acquired for stock purposes except as provided in s.
239319.225.
240     Section 5.  Subsection (16) of section 320.02, Florida
241Statutes, is amended to read:
242     320.02  Registration required; application for
243registration; forms.-
244     (16)  The department is authorized to withhold registration
245or re-registration of a motor vehicle if the name of the owner
246or of a coowner appears on a list submitted to the department by
247a licensed motor vehicle dealer for a previous registration of
248that vehicle. The department shall place the name of the
249registered owner of that vehicle on the list of those persons
250who may not be issued a license plate, revalidation sticker, or
251replacement plate for the vehicle purchased from the licensed
252motor vehicle dealer. The motor vehicle dealer must maintain
253signed evidence that the owner or coowner acknowledged the
254dealer's authority to submit the list to the department if he or
255she failed to pay and must note the amount for which the owner
256or coowner would be responsible for the vehicle registration.
257The dealer must maintain the necessary documentation required in
258this subsection or face penalties as provided in s. 320.27. This
259subsection does not affect the issuance of a title to a motor
260vehicle.
261     (a)  The motor vehicle owner or coowner may dispute the
262claim that money is owed to a dealer for registration fees by
263submitting a form to the department if the motor vehicle owner
264or coowner has documentary proof that the registration fees have
265been paid to the dealer for the disputed amount. Without clear
266evidence of the amounts owed for the vehicle registration and
267repayment, the department will assume initial payments are
268applied to government-assessed fees first.
269     (b)  If the registered owner's dispute complies with
270paragraph (a), the department shall immediately remove the motor
271vehicle owner or coowner's name from the list, thereby allowing
272the issuance of a license plate or revalidation sticker.
273     Section 6.  Subsections (4), (5), and (6) and paragraph (a)
274of subsection (9) of section 320.27, Florida Statutes, are
275amended to read:
276     320.27  Motor vehicle dealers.-
277     (4)  LICENSE CERTIFICATE.-
278     (a)  A license certificate shall be issued by the
279department in accordance with such application when the
280application is regular in form and in compliance with the
281provisions of this section. The license certificate may be in
282the form of a document or a computerized card as determined by
283the department. The actual cost of each original, additional, or
284replacement computerized card shall be borne by the licensee and
285is in addition to the fee for licensure. Such license, when so
286issued, entitles the licensee to carry on and conduct the
287business of a motor vehicle dealer. Each license issued to a
288franchise motor vehicle dealer expires annually on December 31
289unless revoked or suspended prior to that date. Each license
290issued to an independent or wholesale dealer or auction expires
291annually on April 30 unless revoked or suspended prior to that
292date. Not less than 60 days prior to the license expiration
293date, the department shall deliver or mail to each licensee the
294necessary renewal forms. Each independent dealer shall certify
295that the dealer (owner, partner, officer, or director of the
296licensee, or a full-time employee of the licensee that holds a
297responsible management-level position) has completed 8 hours of
298continuing education prior to filing the renewal forms with the
299department. Such certification shall be filed once every 2 years
300commencing with the 2006 renewal period. The continuing
301education shall include at least 2 hours of legal or legislative
302issues, 1 hour of department issues, and 5 hours of relevant
303motor vehicle industry topics. Continuing education shall be
304provided by dealer schools licensed under paragraph (b) either
305in a classroom setting or by correspondence. Such schools shall
306provide certificates of completion to the department and the
307customer which shall be filed with the license renewal form, and
308such schools may charge a fee for providing continuing
309education. Any licensee who does not file his or her application
310and fees and any other requisite documents, as required by law,
311with the department at least 30 days prior to the license
312expiration date shall cease to engage in business as a motor
313vehicle dealer on the license expiration date. A renewal filed
314with the department within 45 days after the expiration date
315shall be accompanied by a delinquent fee of $100. Thereafter, a
316new application is required, accompanied by the initial license
317fee. A license certificate duly issued by the department may be
318modified by endorsement to show a change in the name of the
319licensee, provided, as shown by affidavit of the licensee, the
320majority ownership interest of the licensee has not changed or
321the name of the person appearing as franchisee on the sales and
322service agreement has not changed. Modification of a license
323certificate to show any name change as herein provided shall not
324require initial licensure or reissuance of dealer tags; however,
325any dealer obtaining a name change shall transact all business
326in and be properly identified by that name. All documents
327relative to licensure shall reflect the new name. In the case of
328a franchise dealer, the name change shall be approved by the
329manufacturer, distributor, or importer. A licensee applying for
330a name change endorsement shall pay a fee of $25 which fee shall
331apply to the change in the name of a main location and all
332additional locations licensed under the provisions of subsection
333(5). Each initial license application received by the department
334shall be accompanied by verification that, within the preceding
3356 months, the applicant, or one or more of his or her designated
336employees, has attended a training and information seminar
337conducted by a licensed motor vehicle dealer training school.
338Any applicant for a new franchised motor vehicle dealer license
339who has held a valid franchised motor vehicle dealer license
340continuously for the past 2 years and who remains in good
341standing with the department is exempt from the prelicensing
342training requirement. Such seminar shall include, but is not
343limited to, statutory dealer requirements, which requirements
344include required bookkeeping and recordkeeping procedures,
345requirements for the collection of sales and use taxes, and such
346other information that in the opinion of the department will
347promote good business practices. No seminar may exceed 8 hours
348in length.
349     (b)  Each initial license application received by the
350department for licensure under subparagraph (1)(c)2. shall must
351be accompanied by verification that, within the preceding 6
352months, the applicant (owner, partner, officer, or director of
353the applicant, or a full-time employee of the applicant that
354holds a responsible management-level position) has successfully
355completed training conducted by a licensed motor vehicle dealer
356training school. Such training must include training in titling
357and registration of motor vehicles, laws relating to unfair and
358deceptive trade practices, laws relating to financing with
359regard to buy-here, pay-here operations, and such other
360information that in the opinion of the department will promote
361good business practices. Successful completion of this training
362shall be determined by examination administered at the end of
363the course and attendance of no less than 90 percent of the
364total hours required by such school. Any applicant who had held
365a valid motor vehicle dealer's license continuously within the
366past 2 years and who remains in good standing with the
367department is exempt from the prelicensing requirements of this
368section paragraph. The department shall have the authority to
369adopt any rule necessary for establishing the training
370curriculum; length of training, which shall not exceed 8 hours
371for required department topics and shall not exceed an
372additional 24 hours for topics related to other regulatory
373agencies' instructor qualifications; and any other requirements
374under this section. The curriculum for other subjects shall be
375approved by any and all other regulatory agencies having
376jurisdiction over specific subject matters; however, the overall
377administration of the licensing of these dealer schools and
378their instructors shall remain with the department. Such schools
379are authorized to charge a fee. This privatized method for
380training applicants for dealer licensing pursuant to
381subparagraph (1)(c)2. is a pilot program that shall be evaluated
382by the department after it has been in operation for a period of
3832 years.
384     (5)  SUPPLEMENTAL LICENSE.-Any person licensed hereunder
385shall obtain a supplemental license for each permanent
386additional place or places of business not contiguous to the
387premises for which the original license is issued, on a form to
388be furnished by the department, and upon payment of a fee of $50
389for each such additional location. Upon making renewal
390applications for such supplemental licenses, such applicant
391shall pay $50 for each additional location. A supplemental
392license authorizing off-premises sales shall be issued, at no
393charge to the dealer, for a period not to exceed 10 consecutive
394calendar days at the authorized location; however, an off-
395premises sale supplemental license under this subsection shall
396not be issued more often than once in any calendar month. To
397obtain such a temporary supplemental license for off-premises
398sales, the applicant must be a licensed dealer; must notify the
399applicable local department office of the specific dates and
400location for which such license is requested, display a sign at
401the licensed location clearly identifying the dealer, and
402provide staff to work at the temporary location for the duration
403of the off-premises sale; must meet any local government
404permitting requirements; and must have permission of the
405property owner to sell at that location. In the case of an off-
406premises sale by a motor vehicle dealer licensed under
407subparagraph (1)(c)1. for the sale of new motor vehicles, the
408applicant must also include documentation notifying the
409applicable licensee licensed under s. 320.61 of the intent to
410engage in an off-premises sale 5 working days prior to the date
411of the off-premises sale. The licensee shall either approve or
412disapprove of the off-premises sale within 2 working days after
413receiving notice; otherwise, it will be deemed approved. This
414section does not apply to a nonselling motor vehicle show or
415public display of new motor vehicles.
416     (6)  RECORDS TO BE KEPT BY LICENSEE.-Every licensee shall
417keep a book or record in either paper or electronic such form as
418shall be prescribed or approved by the department for a period
419of 5 years, in which the licensee shall keep a record of the
420purchase, sale, or exchange, or receipt for the purpose of sale,
421of any motor vehicle, the date upon which any temporary tag was
422issued, the date of title transfer, and a description of such
423motor vehicle together with the name and address of the seller,
424the purchaser, and the alleged owner or other person from whom
425such motor vehicle was purchased or received or to whom it was
426sold or delivered, as the case may be. Such description shall
427include the identification or engine number, maker's number, if
428any, chassis number, if any, and such other numbers or
429identification marks as may be thereon and shall also include a
430statement that a number has been obliterated, defaced, or
431changed, if such is the fact. When a licensee chooses to
432maintain electronic records, the original paper documents may be
433destroyed after the licensee successfully transfers title and
434registration to the purchaser as required by chapter 319 for any
435purchaser who titles and registers the motor vehicle in this
436state. In the case of a sale to a purchaser who will title and
437register the motor vehicle in another state or country, the
438licensee may destroy the original paper documents after
439successfully delivering a lawfully reassigned title or
440manufacturer's certificate or statement of origin to the
441purchaser and after producing electronic images of all documents
442related to the sale.
443     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
444     (a)  The department may deny, suspend, or revoke any
445license issued hereunder or under the provisions of s. 320.77 or
446s. 320.771, upon proof that an applicant or a licensee has
447committed any of the following activities:
448     1.  Committed Commission of fraud or willful
449misrepresentation in application for or in obtaining a license.
450     2.  Been convicted Conviction of a felony.
451     3.  Failed Failure to honor a bank draft or check given to
452a motor vehicle dealer for the purchase of a motor vehicle by
453another motor vehicle dealer within 10 days after notification
454that the bank draft or check has been dishonored. If the
455transaction is disputed, the maker of the bank draft or check
456shall post a bond in accordance with the provisions of s.
457559.917, and no proceeding for revocation or suspension shall be
458commenced until the dispute is resolved.
459     4.a.  Failed to provide payment within 10 business days to
460the department for a check payable to the department that was
461dishonored due to insufficient funds in the amount due plus any
462statutorily authorized fee for uttering a worthless check. The
463department shall notify an applicant or licensee when the
464applicant or licensee makes payment to the department by a check
465that is subsequently dishonored by the bank due to insufficient
466funds. The applicant or licensee shall, within 10 business days
467after receiving the notice, provide payment to the department in
468the form of cash in the amount due plus any statutorily
469authorized fee. If the applicant or licensee fails to make such
470payment within 10 business days, the department may deny,
471suspend, or revoke the applicant's or licensee's motor vehicle
472dealer license.
473     b.  Stopped payment on a check payable to the department,
474issued a check payable to the department from an account that
475has been closed, or charged back a credit card transaction to
476the department. If an applicant or licensee commits any such
477act, the department may deny, suspend, or revoke the applicant's
478or licensee's motor vehicle dealer license.
479     5.a.  Failed to provide payment in the amount of tuition
480due plus any statutorily authorized fee within 10 business days
481to a licensed motor vehicle dealer training school for a check
482payable to the school that was dishonored due to insufficient
483funds in the amount of tuition due plus any statutorily
484authorized fee for uttering a worthless check. A licensed motor
485vehicle dealer training school shall notify a student when the
486student makes payment to the school by a check that is
487subsequently dishonored by the bank due to insufficient funds.
488The student shall, within 10 business days after receiving the
489notice, provide payment to the school in a manner designated by
490the school in the amount of tuition due plus any statutorily
491authorized fee. If the student fails to make such payment within
49210 business days, the motor vehicle dealer training school may
493cancel the training certificate issued to the student and notify
494the department of the cancellation of the training certificate.
495     b.  Stopped payment on a check payable to a licensed motor
496vehicle dealer training school, issued a check payable to a
497licensed motor vehicle dealer training school from an account
498that has been closed, or charged back a credit card transaction
499to a licensed motor vehicle dealer training school. If a student
500commits any such act, the motor vehicle dealer training school
501may cancel the training certificate issued to the student and
502notify the department of the cancellation of the training
503certificate.
504     Section 7.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.