CS/HB 631

1
A bill to be entitled
2An act relating to motor vehicles; amending ss. 261.03 and
3317.0003, F.S.; redefining the term "ROV" for purposes of
4provisions relating to off-highway vehicles to include
5vehicles of increased width and weight; amending s.
6316.1951, F.S.; removing a requirement that the Department
7of Highway Safety and Motor Vehicles adopt a uniform
8written notice to be used to enforce provisions that
9prohibit parking a motor vehicle on certain property for
10the purpose of displaying the motor vehicle as being for
11sale, hire, or rental; removing a requirement that each
12law enforcement agency provide its own notice for such
13enforcement; authorizing a code enforcement officer from
14any local government agency to enforce such provisions;
15providing for immediate removal of a motor vehicle in
16violation of specified provisions; providing for
17assessment of a fine in addition to towing and storage
18fees; requiring a release form prescribed by the
19department to be completed before release of the motor
20vehicle; amending s. 318.18, F.S.; specifying a fine for a
21vehicle that is displayed for sale, hire, or rental in
22violation of such provisions; providing for disposition of
23fines collected; amending s. 319.225, F.S.; prohibiting
24the department from requiring the signature of the
25transferor to be notarized on certain motor vehicle title
26transfer forms relating to mileage of the vehicle;
27requiring the forms to include an affidavit declaring
28facts in the document to be true; amending s. 319.23,
29F.S.; providing that, under certain circumstances, a motor
30vehicle dealer is not required to apply for a certificate
31of title for a motor vehicle sold to a general purchaser
32who resides outside the state; amending s. 320.02, F.S.;
33directing the department to place the name of the owner of
34a motor vehicle on the list of persons who may not be
35issued a license plate or revalidation sticker if that
36person is on a list submitted to the department by a
37licensed dealer; amending s. 320.27, F.S.; clarifying an
38exemption from certain dealer prelicensing requirements;
39removing a requirement for evaluation of privatized
40applicant training methods; authorizing dealer records to
41be kept in either paper or electronic form; providing
42procedures for transfer of documents to electronic form;
43authorizing the department to deny, suspend, or revoke a
44dealer's license for certain actions relating to payments
45made to the department; authorizing a dealer training
46school to cancel the training certificate issued to a
47student for certain actions relating to payments made to
48the school; providing an effective date.
49
50Be It Enacted by the Legislature of the State of Florida:
51
52     Section 1.  Subsection (9) of section 261.03, Florida
53Statutes, is amended to read:
54     261.03  Definitions.-As used in this chapter, the term:
55     (9)  "ROV" means any motorized recreational off-highway
56vehicle 64 60 inches or less in width, having a dry weight of
572,000 1,500 pounds or less, designed to travel on four or more
58nonhighway tires, having nonstraddle seating and a steering
59wheel, and manufactured for recreational use by one or more
60persons. The term "ROV" does not include a golf cart as defined
61in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
62defined in s. 320.01(42).
63     Section 2.  Subsection (9) of section 317.0003, Florida
64Statutes, is amended to read:
65     317.0003  Definitions.-As used in this chapter, the term:
66     (9)  "ROV" means any motorized recreational off-highway
67vehicle 64 60 inches or less in width, having a dry weight of
682,000 1,500 pounds or less, designed to travel on four or more
69nonhighway tires, having nonstraddle seating and a steering
70wheel, and manufactured for recreational use by one or more
71persons. The term "ROV" does not include a golf cart as defined
72in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
73defined in s. 320.01(42).
74     Section 3.  Section 316.1951, Florida Statutes, is amended
75to read:
76     316.1951  Parking for certain purposes prohibited; sale of
77motor vehicles; prohibited acts.-
78     (1)  It is unlawful for any person to park a motor vehicle,
79as defined in s. 320.01, upon a public street or highway, upon a
80public parking lot, or other public property, or upon private
81property where the public has the right to travel by motor
82vehicle, for the principal purpose and intent of displaying the
83motor vehicle thereon for sale, hire, or rental unless the sale,
84hire, or rental of the motor vehicle is specifically authorized
85on such property by municipal or county regulation and the
86person is in compliance with all municipal or county licensing
87regulations.
88     (2)  The provisions of subsection (1) do not prohibit a
89person from parking his or her own motor vehicle or his or her
90other personal property on any private real property which the
91person owns or leases or on private real property which the
92person does not own or lease, but for which he or she obtains
93the permission of the owner, or on the public street immediately
94adjacent thereto, for the principal purpose and intent of sale,
95hire, or rental.
96     (3)  Subsection (1) does not prohibit a licensed motor
97vehicle dealer from displaying for sale or offering for sale
98motor vehicles at locations other than the dealer's licensed
99location if the dealer has been issued a supplemental license
100for off-premises sales, as provided in s. 320.27(5), and has
101complied with the requirements in subsection (1). A vehicle
102displayed for sale by a licensed dealer at any location other
103than the dealer's licensed location is subject to immediate
104removal without warning.
105     (4)  The Department of Highway Safety and Motor Vehicles
106shall adopt by rule a uniform written notice to be used to
107enforce this section. Each law enforcement agency in this state
108shall provide, at each agency's expense, the notice forms
109necessary to enforce this section.
110     (4)(5)  A law enforcement officer, compliance officer, code
111enforcement officer from any local government agency, or
112supervisor of the department may cause to be immediately removed
113at the owner's expense any motor vehicle found in violation of
114subsection (1), subsection (5), subsection (6), subsection (7),
115or subsection (8), and the owner shall be assessed a penalty as
116provided in s. 318.18(21) by the government agency or authority
117that orders immediate removal of the motor vehicle. A motor
118vehicle removed under this section shall not be released from an
119impound or towing and storage facility before a release form
120prescribed by the department has been completed verifying that
121the fine has been paid to the government agency or authority
122that ordered immediate removal of the motor vehicle. However,
123the owner may pay towing and storage charges to the towing and
124storage facility before payment of the fine or before the
125release form has been completed which has been parked in one
126location for more than 24 hours after a written notice has been
127issued. Every written notice issued pursuant to this section
128shall be affixed in a conspicuous place upon a vehicle by a law
129enforcement officer, compliance officer, or supervisor of the
130department. Any vehicle found in violation of subsection (1)
131within 30 days after a previous violation and written notice is
132subject to immediate removal without an additional waiting
133period.
134     (5)(6)  It is unlawful to offer a vehicle for sale if the
135vehicle identification number has been destroyed, removed,
136covered, altered, or defaced, as described in s. 319.33(1)(d). A
137vehicle found in violation of this subsection is subject to
138immediate removal without warning.
139     (6)(7)  It is unlawful to knowingly attach to any motor
140vehicle a registration that was not assigned or lawfully
141transferred to the vehicle pursuant to s. 320.261. A vehicle
142found in violation of this subsection is subject to immediate
143removal without warning.
144     (7)(8)  It is unlawful to display or offer for sale a
145vehicle that does not have a valid registration as provided in
146s. 320.02. A vehicle found in violation of this subsection is
147subject to immediate removal without warning. This subsection
148does not apply to vehicles and recreational vehicles being
149offered for sale through motor vehicle auctions as defined in s.
150320.27(1)(c)4.
151     (8)(9)  A vehicle is subject to immediate removal without
152warning if it bears a telephone number that has been displayed
153on three or more vehicles offered for sale within a 12-month
154period.
155     (9)(10)  Any other provision of law to the contrary
156notwithstanding, a violation of subsection (1), subsection (5),
157subsection (6), subsection (7), or subsection (8) shall subject
158the owner of such motor vehicle to towing fees reasonably
159necessitated by removal and storage of the motor vehicle and a
160fine as required by s. 318.18.
161     (10)(11)  This section does not prohibit the governing body
162of a municipality or county, with respect to streets, highways,
163or other property under its jurisdiction, from regulating the
164parking of motor vehicles for any purpose.
165     (11)(12)  A violation of this section is a noncriminal
166traffic infraction, punishable as a nonmoving violation as
167provided in chapter 318, unless otherwise mandated by general
168law.
169     Section 4.  Subsection (21) is added to section 318.18,
170Florida Statutes, to read:
171     318.18  Amount of penalties.-The penalties required for a
172noncriminal disposition pursuant to s. 318.14 or a criminal
173offense listed in s. 318.17 are as follows:
174     (21)  One hundred dollars for a violation of s. 316.1951
175for a vehicle that is unlawfully displayed for sale, hire, or
176rental. Notwithstanding any other law to the contrary, fines
177collected under this subsection shall be retained by the
178governing authority that authorized towing of the vehicle. Fines
179collected by the department shall be deposited into the Highway
180Safety Operating Trust Fund.
181     Section 5.  Paragraphs (a) and (b) of subsection (6) of
182section 319.225, Florida Statutes, are amended to read:
183     319.225  Transfer and reassignment forms; odometer
184disclosure statements.-
185     (6)(a)  If the certificate of title is physically held by a
186lienholder, the transferor may give a power of attorney to his
187or her transferee for the purpose of odometer disclosure. The
188power of attorney must be on a form issued or authorized by the
189department, which form must be in compliance with 49 C.F.R. ss.
190580.4 and 580.13. The department shall not require the signature
191of the transferor to be notarized on the form; however, in lieu
192of notarization, the form shall include an affidavit with the
193following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
194HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
195ARE TRUE. The transferee shall sign the power of attorney form,
196print his or her name, and return a copy of the power of
197attorney form to the transferor. Upon receipt of a title
198certificate, the transferee shall complete the space for mileage
199disclosure on the title certificate exactly as the mileage was
200disclosed by the transferor on the power of attorney form. If
201the transferee is a licensed motor vehicle dealer who is
202transferring the vehicle to a retail purchaser, the dealer shall
203make application on behalf of the retail purchaser as provided
204in s. 319.23(6) and shall submit the original power of attorney
205form to the department with the application for title and the
206transferor's title certificate; otherwise, a dealer may reassign
207the title certificate by using the dealer reassignment form in
208the manner prescribed in subsection (3), and, at the time of
209physical transfer of the vehicle, the original power of attorney
210shall be delivered to the person designated as the transferee of
211the dealer on the dealer reassignment form. A copy of the
212executed power of attorney shall be submitted to the department
213with a copy of the executed dealer reassignment form within 5
214business days after the certificate of title and dealer
215reassignment form are delivered by the dealer to its transferee.
216     (b)  If the certificate of title is lost or otherwise
217unavailable, the transferor may give a power of attorney to his
218or her transferee for the purpose of odometer disclosure. The
219power of attorney must be on a form issued or authorized by the
220department, which form must be in compliance with 49 C.F.R. ss.
221580.4 and 580.13. The department shall not require the signature
222of the transferor to be notarized on the form; however, in lieu
223of notarization, the form shall include an affidavit with the
224following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
225HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
226ARE TRUE. The transferee shall sign the power of attorney form,
227print his or her name, and return a copy of the power of
228attorney form to the transferor. Upon receipt of the title
229certificate or a duplicate title certificate, the transferee
230shall complete the space for mileage disclosure on the title
231certificate exactly as the mileage was disclosed by the
232transferor on the power of attorney form. If the transferee is a
233licensed motor vehicle dealer who is transferring the vehicle to
234a retail purchaser, the dealer shall make application on behalf
235of the retail purchaser as provided in s. 319.23(6) and shall
236submit the original power of attorney form to the department
237with the application for title and the transferor's title
238certificate or duplicate title certificate; otherwise, a dealer
239may reassign the title certificate by using the dealer
240reassignment form in the manner prescribed in subsection (3),
241and, at the time of physical transfer of the vehicle, the
242original power of attorney shall be delivered to the person
243designated as the transferee of the dealer on the dealer
244reassignment form. A copy of the executed power of attorney
245shall be submitted to the department with a copy of the executed
246dealer reassignment form within 5 business days after the
247duplicate certificate of title and dealer reassignment form are
248delivered by the dealer to its transferee.
249     Section 6.  Subsection (6) of section 319.23, Florida
250Statutes, is amended to read:
251     319.23  Application for, and issuance of, certificate of
252title.-
253     (6)(a)  In the case of the sale of a motor vehicle or
254mobile home by a licensed dealer to a general purchaser, the
255certificate of title must be obtained in the name of the
256purchaser by the dealer upon application signed by the
257purchaser, and in each other case such certificate must be
258obtained by the purchaser. In each case of transfer of a motor
259vehicle or mobile home, the application for a certificate of
260title, a or corrected certificate, or an assignment or
261reassignment, must be filed within 30 days after from the
262delivery of the motor vehicle or mobile home to the purchaser.
263An applicant must pay a fee of $20, in addition to all other
264fees and penalties required by law, for failing to file such
265application within the specified time. In the case of the sale
266of a motor vehicle by a licensed motor vehicle dealer to a
267general purchaser who resides in another state or country, the
268dealer is not required to apply for a certificate of title for
269the motor vehicle; however, the dealer must transfer ownership
270and reassign the certificate of title or manufacturer's
271certificate of origin to the purchaser, and the purchaser must
272sign an affidavit, as approved by the department, that the
273purchaser will title and register the motor vehicle in another
274state or country.
275     (b)  If a licensed dealer acquires a motor vehicle or
276mobile home as a trade-in, the dealer must file with the
277department, within 30 days, a notice of sale signed by the
278seller. The department shall update its database for that title
279record to indicate "sold." A licensed dealer need not apply for
280a certificate of title for any motor vehicle or mobile home in
281stock acquired for stock purposes except as provided in s.
282319.225.
283     Section 7.  Subsection (16) of section 320.02, Florida
284Statutes, is amended to read:
285     320.02  Registration required; application for
286registration; forms.-
287     (16)  The department is authorized to withhold registration
288or re-registration of a motor vehicle if the name of the owner
289or of a coowner appears on a list submitted to the department by
290a licensed motor vehicle dealer for a previous registration of
291that vehicle. The department shall place the name of the
292registered owner of that vehicle on the list of those persons
293who may not be issued a license plate, revalidation sticker, or
294replacement plate for the vehicle purchased from the licensed
295motor vehicle dealer. The motor vehicle dealer must maintain
296signed evidence that the owner or coowner acknowledged the
297dealer's authority to submit the list to the department if he or
298she failed to pay and must note the amount for which the owner
299or coowner would be responsible for the vehicle registration.
300The dealer must maintain the necessary documentation required in
301this subsection or face penalties as provided in s. 320.27. This
302subsection does not affect the issuance of a title to a motor
303vehicle.
304     (a)  The motor vehicle owner or coowner may dispute the
305claim that money is owed to a dealer for registration fees by
306submitting a form to the department if the motor vehicle owner
307or coowner has documentary proof that the registration fees have
308been paid to the dealer for the disputed amount. Without clear
309evidence of the amounts owed for the vehicle registration and
310repayment, the department will assume initial payments are
311applied to government-assessed fees first.
312     (b)  If the registered owner's dispute complies with
313paragraph (a), the department shall immediately remove the motor
314vehicle owner or coowner's name from the list, thereby allowing
315the issuance of a license plate or revalidation sticker.
316     Section 8.  Subsections (4) and (6) and paragraph (a) of
317subsection (9) of section 320.27, Florida Statutes, are amended
318to read:
319     320.27  Motor vehicle dealers.-
320     (4)  LICENSE CERTIFICATE.-
321     (a)  A license certificate shall be issued by the
322department in accordance with such application when the
323application is regular in form and in compliance with the
324provisions of this section. The license certificate may be in
325the form of a document or a computerized card as determined by
326the department. The actual cost of each original, additional, or
327replacement computerized card shall be borne by the licensee and
328is in addition to the fee for licensure. Such license, when so
329issued, entitles the licensee to carry on and conduct the
330business of a motor vehicle dealer. Each license issued to a
331franchise motor vehicle dealer expires annually on December 31
332unless revoked or suspended prior to that date. Each license
333issued to an independent or wholesale dealer or auction expires
334annually on April 30 unless revoked or suspended prior to that
335date. Not less than 60 days prior to the license expiration
336date, the department shall deliver or mail to each licensee the
337necessary renewal forms. Each independent dealer shall certify
338that the dealer (owner, partner, officer, or director of the
339licensee, or a full-time employee of the licensee that holds a
340responsible management-level position) has completed 8 hours of
341continuing education prior to filing the renewal forms with the
342department. Such certification shall be filed once every 2 years
343commencing with the 2006 renewal period. The continuing
344education shall include at least 2 hours of legal or legislative
345issues, 1 hour of department issues, and 5 hours of relevant
346motor vehicle industry topics. Continuing education shall be
347provided by dealer schools licensed under paragraph (b) either
348in a classroom setting or by correspondence. Such schools shall
349provide certificates of completion to the department and the
350customer which shall be filed with the license renewal form, and
351such schools may charge a fee for providing continuing
352education. Any licensee who does not file his or her application
353and fees and any other requisite documents, as required by law,
354with the department at least 30 days prior to the license
355expiration date shall cease to engage in business as a motor
356vehicle dealer on the license expiration date. A renewal filed
357with the department within 45 days after the expiration date
358shall be accompanied by a delinquent fee of $100. Thereafter, a
359new application is required, accompanied by the initial license
360fee. A license certificate duly issued by the department may be
361modified by endorsement to show a change in the name of the
362licensee, provided, as shown by affidavit of the licensee, the
363majority ownership interest of the licensee has not changed or
364the name of the person appearing as franchisee on the sales and
365service agreement has not changed. Modification of a license
366certificate to show any name change as herein provided shall not
367require initial licensure or reissuance of dealer tags; however,
368any dealer obtaining a name change shall transact all business
369in and be properly identified by that name. All documents
370relative to licensure shall reflect the new name. In the case of
371a franchise dealer, the name change shall be approved by the
372manufacturer, distributor, or importer. A licensee applying for
373a name change endorsement shall pay a fee of $25 which fee shall
374apply to the change in the name of a main location and all
375additional locations licensed under the provisions of subsection
376(5). Each initial license application received by the department
377shall be accompanied by verification that, within the preceding
3786 months, the applicant, or one or more of his or her designated
379employees, has attended a training and information seminar
380conducted by a licensed motor vehicle dealer training school.
381Any applicant for a new franchised motor vehicle dealer license
382who has held a valid franchised motor vehicle dealer license
383continuously for the past 2 years and who remains in good
384standing with the department is exempt from the prelicensing
385training requirement. Such seminar shall include, but is not
386limited to, statutory dealer requirements, which requirements
387include required bookkeeping and recordkeeping procedures,
388requirements for the collection of sales and use taxes, and such
389other information that in the opinion of the department will
390promote good business practices. No seminar may exceed 8 hours
391in length.
392     (b)  Each initial license application received by the
393department for licensure under subparagraph (1)(c)2. shall must
394be accompanied by verification that, within the preceding 6
395months, the applicant (owner, partner, officer, or director of
396the applicant, or a full-time employee of the applicant that
397holds a responsible management-level position) has successfully
398completed training conducted by a licensed motor vehicle dealer
399training school. Such training must include training in titling
400and registration of motor vehicles, laws relating to unfair and
401deceptive trade practices, laws relating to financing with
402regard to buy-here, pay-here operations, and such other
403information that in the opinion of the department will promote
404good business practices. Successful completion of this training
405shall be determined by examination administered at the end of
406the course and attendance of no less than 90 percent of the
407total hours required by such school. Any applicant who had held
408a valid motor vehicle dealer's license continuously within the
409past 2 years and who remains in good standing with the
410department is exempt from the prelicensing requirements of this
411section paragraph. The department shall have the authority to
412adopt any rule necessary for establishing the training
413curriculum; length of training, which shall not exceed 8 hours
414for required department topics and shall not exceed an
415additional 24 hours for topics related to other regulatory
416agencies' instructor qualifications; and any other requirements
417under this section. The curriculum for other subjects shall be
418approved by any and all other regulatory agencies having
419jurisdiction over specific subject matters; however, the overall
420administration of the licensing of these dealer schools and
421their instructors shall remain with the department. Such schools
422are authorized to charge a fee. This privatized method for
423training applicants for dealer licensing pursuant to
424subparagraph (1)(c)2. is a pilot program that shall be evaluated
425by the department after it has been in operation for a period of
4262 years.
427     (6)  RECORDS TO BE KEPT BY LICENSEE.-Every licensee shall
428keep a book or record in either paper or electronic such form as
429shall be prescribed or approved by the department for a period
430of 5 years, in which the licensee shall keep a record of the
431purchase, sale, or exchange, or receipt for the purpose of sale,
432of any motor vehicle, the date upon which any temporary tag was
433issued, the date of title transfer, and a description of such
434motor vehicle together with the name and address of the seller,
435the purchaser, and the alleged owner or other person from whom
436such motor vehicle was purchased or received or to whom it was
437sold or delivered, as the case may be. Such description shall
438include the identification or engine number, maker's number, if
439any, chassis number, if any, and such other numbers or
440identification marks as may be thereon and shall also include a
441statement that a number has been obliterated, defaced, or
442changed, if such is the fact. When a licensee chooses to
443maintain electronic records, the original paper documents may be
444destroyed after the licensee successfully transfers title and
445registration to the purchaser as required by chapter 319 for any
446purchaser who titles and registers the motor vehicle in this
447state. In the case of a sale to a purchaser who will title and
448register the motor vehicle in another state or country, the
449licensee may destroy the original paper documents after
450successfully delivering a lawfully reassigned title or
451manufacturer's certificate or statement of origin to the
452purchaser and after producing electronic images of all documents
453related to the sale.
454     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
455     (a)  The department may deny, suspend, or revoke any
456license issued hereunder or under the provisions of s. 320.77 or
457s. 320.771, upon proof that an applicant or a licensee has
458committed any of the following activities:
459     1.  Committed Commission of fraud or willful
460misrepresentation in application for or in obtaining a license.
461     2.  Been convicted Conviction of a felony.
462     3.  Failed Failure to honor a bank draft or check given to
463a motor vehicle dealer for the purchase of a motor vehicle by
464another motor vehicle dealer within 10 days after notification
465that the bank draft or check has been dishonored. If the
466transaction is disputed, the maker of the bank draft or check
467shall post a bond in accordance with the provisions of s.
468559.917, and no proceeding for revocation or suspension shall be
469commenced until the dispute is resolved.
470     4.a.  Failed to provide payment within 10 business days to
471the department for a check payable to the department that was
472dishonored due to insufficient funds in the amount due plus any
473statutorily authorized fee for uttering a worthless check. The
474department shall notify an applicant or licensee when the
475applicant or licensee makes payment to the department by a check
476that is subsequently dishonored by the bank due to insufficient
477funds. The applicant or licensee shall, within 10 business days
478after receiving the notice, provide payment to the department in
479the form of cash in the amount due plus any statutorily
480authorized fee. If the applicant or licensee fails to make such
481payment within 10 business days, the department may deny,
482suspend, or revoke the applicant's or licensee's motor vehicle
483dealer license.
484     b.  Stopped payment on a check payable to the department,
485issued a check payable to the department from an account that
486has been closed, or charged back a credit card transaction to
487the department. If an applicant or licensee commits any such
488act, the department may deny, suspend, or revoke the applicant's
489or licensee's motor vehicle dealer license.
490     5.a.  Failed to provide payment in the amount of tuition
491due plus any statutorily authorized fee within 10 business days
492to a licensed motor vehicle dealer training school for a check
493payable to the school that was dishonored due to insufficient
494funds in the amount of tuition due plus any statutorily
495authorized fee for uttering a worthless check. A licensed motor
496vehicle dealer training school shall notify a student when the
497student makes payment to the school by a check that is
498subsequently dishonored by the bank due to insufficient funds.
499The student shall, within 10 business days after receiving the
500notice, provide payment to the school in a manner designated by
501the school in the amount of tuition due plus any statutorily
502authorized fee. If the student fails to make such payment within
50310 business days, the motor vehicle dealer training school may
504cancel the training certificate issued to the student and notify
505the department of the cancellation of the training certificate.
506     b.  Stopped payment on a check payable to a licensed motor
507vehicle dealer training school, issued a check payable to a
508licensed motor vehicle dealer training school from an account
509that has been closed, or charged back a credit card transaction
510to a licensed motor vehicle dealer training school. If a student
511commits any such act, the motor vehicle dealer training school
512may cancel the training certificate issued to the student and
513notify the department of the cancellation of the training
514certificate.
515     Section 9.  This act shall take effect July 1, 2010.


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