CS/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.
6316.1905, F.S.; revising provisions for witness testimony;
7providing that certain witnesses shall be considered
8competent to give testimony concerning a speed violation
9only under specified circumstances; amending s. 316.1951,
10F.S.; removing a requirement that the Department of
11Highway Safety and Motor Vehicles adopt a uniform written
12notice to be used to enforce provisions that prohibit
13parking a motor vehicle on certain property for the
14purpose of displaying the motor vehicle as being for sale,
15hire, or rental; removing a requirement that each law
16enforcement agency provide its own notice for such
17enforcement; authorizing a local government to adopt an
18ordinance to enforce such provisions; authorizing a code
19enforcement officer from any local government agency to
20enforce such provisions; providing for immediate removal
21of a motor vehicle in violation of specified provisions;
22providing for assessment of a fine in addition to towing
23and storage fees; requiring a release form prescribed by
24the department to be completed before release of the motor
25vehicle; amending s. 318.14, F.S.; providing a lifetime
26limitation on the number of times a person may elect to
27attend a driver improvement course in lieu of appearing in
28court for certain traffic infractions; amending s. 318.18,
29F.S.; specifying a fine for a vehicle that is displayed
30for sale, hire, or rental in violation of such provisions;
31providing for disposition of fines collected; amending s.
32319.225, F.S.; prohibiting the department from requiring
33the signature of the transferor to be notarized on certain
34motor vehicle title transfer forms relating to mileage of
35the vehicle; requiring the forms to include an affidavit
36declaring facts in the document to be true; amending s.
37319.23, F.S.; providing that, under certain circumstances,
38a motor vehicle dealer is not required to apply for a
39certificate of title for a motor vehicle sold to a general
40purchaser who resides outside the state; amending s.
41320.02, F.S.; directing the department to place the name
42of the owner of a motor vehicle on the list of persons who
43may not be issued a license plate or revalidation sticker
44if that person is on a list submitted to the department by
45a licensed dealer; amending s. 320.27, F.S.; clarifying an
46exemption from certain dealer prelicensing requirements;
47removing a requirement for evaluation of privatized
48applicant training methods; authorizing dealer records to
49be kept in either paper or electronic form; providing
50procedures for transfer of documents to electronic form;
51authorizing the department to deny, suspend, or revoke a
52dealer's license for certain actions relating to payments
53made to the department; authorizing a dealer training
54school to cancel the training certificate issued to a
55student for certain actions relating to payments made to
56the school; amending s. 322.0261, F.S.; providing that the
57department shall not require a person to attend a driver
58improvement course for specified traffic violations when
59adjudication has been withheld by the court; providing an
60effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Subsection (9) of section 261.03, Florida
65Statutes, is amended to read:
66     261.03  Definitions.-As used in this chapter, the term:
67     (9)  "ROV" means any motorized recreational off-highway
68vehicle 64 60 inches or less in width, having a dry weight of
692,000 1,500 pounds or less, designed to travel on four or more
70nonhighway tires, having nonstraddle seating and a steering
71wheel, and manufactured for recreational use by one or more
72persons. The term "ROV" does not include a golf cart as defined
73in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
74defined in s. 320.01(42).
75     Section 2.  Subsection (9) of section 317.0003, Florida
76Statutes, is amended to read:
77     317.0003  Definitions.-As used in this chapter, the term:
78     (9)  "ROV" means any motorized recreational off-highway
79vehicle 64 60 inches or less in width, having a dry weight of
802,000 1,500 pounds or less, designed to travel on four or more
81nonhighway tires, having nonstraddle seating and a steering
82wheel, and manufactured for recreational use by one or more
83persons. The term "ROV" does not include a golf cart as defined
84in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
85defined in s. 320.01(42).
86     Section 3.  Paragraph (a) of subsection (3) of section
87316.1905, Florida Statutes, is amended to read:
88     316.1905  Electrical, mechanical, or other speed
89calculating devices; power of arrest; evidence.-
90     (3)(a)  A witness otherwise qualified to testify shall be
91competent to give testimony against an accused violator of the
92speed motor vehicle laws of this state only when such testimony
93is derived from the use of such an electronic, electrical,
94mechanical, or other device used in the calculation of speed,
95upon showing that the speed calculating device which was used
96had been tested. However, the operator of any visual average
97speed computer device shall first be certified as a competent
98operator of such device by the department.
99     Section 4.  Section 316.1951, Florida Statutes, is amended
100to read:
101     316.1951  Parking for certain purposes prohibited; sale of
102motor vehicles; prohibited acts.-
103     (1)  It is unlawful for any person to park a motor vehicle,
104as defined in s. 320.01, upon a public street or highway, upon a
105public parking lot, or other public property, or upon private
106property where the public has the right to travel by motor
107vehicle, for the principal purpose and intent of displaying the
108motor vehicle thereon for sale, hire, or rental unless the sale,
109hire, or rental of the motor vehicle is specifically authorized
110on such property by municipal or county regulation and the
111person is in compliance with all municipal or county licensing
112regulations.
113     (2)  The provisions of subsection (1) do not prohibit a
114person from parking his or her own motor vehicle or his or her
115other personal property on any private real property which the
116person owns or leases or on private real property which the
117person does not own or lease, but for which he or she obtains
118the permission of the owner, or on the public street immediately
119adjacent thereto, for the principal purpose and intent of sale,
120hire, or rental.
121     (3)  Subsection (1) does not prohibit a licensed motor
122vehicle dealer from displaying for sale or offering for sale
123motor vehicles at locations other than the dealer's licensed
124location if the dealer has been issued a supplemental license
125for off-premises sales, as provided in s. 320.27(5), and has
126complied with the requirements in subsection (1). A vehicle
127displayed for sale by a licensed dealer at any location other
128than the dealer's licensed location is subject to immediate
129removal without warning.
130     (4)  The Department of Highway Safety and Motor Vehicles
131shall adopt by rule a uniform written notice to be used to
132enforce this section. Each law enforcement agency in this state
133shall provide, at each agency's expense, the notice forms
134necessary to enforce this section.
135     (4)(5)  A local government may adopt an ordinance to allow
136the towing of a motor vehicle parked in violation of this
137section. A law enforcement officer, compliance officer, code
138enforcement officer from any local government agency, or
139supervisor of the department may issue a citation and cause to
140be immediately removed at the owner's expense any motor vehicle
141found in violation of subsection (1), except as provided in
142subsections (2) and (3), or in violation of subsection (5),
143subsection (6), subsection (7), or subsection (8), and the owner
144shall be assessed a penalty as provided in s. 318.18(21) by the
145government agency or authority that orders immediate removal of
146the motor vehicle. A motor vehicle removed under this section
147shall not be released from an impound or towing and storage
148facility before a release form prescribed by the department has
149been completed verifying that the fine has been paid to the
150government agency or authority that ordered immediate removal of
151the motor vehicle. However, the owner may pay towing and storage
152charges to the towing and storage facility before payment of the
153fine or before the release form has been completed which has
154been parked in one location for more than 24 hours after a
155written notice has been issued. Every written notice issued
156pursuant to this section shall be affixed in a conspicuous place
157upon a vehicle by a law enforcement officer, compliance officer,
158or supervisor of the department. Any vehicle found in violation
159of subsection (1) within 30 days after a previous violation and
160written notice is subject to immediate removal without an
161additional waiting period.
162     (5)(6)  It is unlawful to offer a vehicle for sale if the
163vehicle identification number has been destroyed, removed,
164covered, altered, or defaced, as described in s. 319.33(1)(d). A
165vehicle found in violation of this subsection is subject to
166immediate removal without warning.
167     (6)(7)  It is unlawful to knowingly attach to any motor
168vehicle a registration that was not assigned or lawfully
169transferred to the vehicle pursuant to s. 320.261. A vehicle
170found in violation of this subsection is subject to immediate
171removal without warning.
172     (7)(8)  It is unlawful to display or offer for sale a
173vehicle that does not have a valid registration as provided in
174s. 320.02. A vehicle found in violation of this subsection is
175subject to immediate removal without warning. This subsection
176does not apply to vehicles and recreational vehicles being
177offered for sale through motor vehicle auctions as defined in s.
178320.27(1)(c)4.
179     (8)(9)  A vehicle is subject to immediate removal without
180warning if it bears a telephone number that has been displayed
181on three or more vehicles offered for sale within a 12-month
182period.
183     (9)(10)  Any other provision of law to the contrary
184notwithstanding, a violation of subsection (1), subsection (5),
185subsection (6), subsection (7), or subsection (8) shall subject
186the owner of such motor vehicle to towing fees reasonably
187necessitated by removal and storage of the motor vehicle and a
188fine as required by s. 318.18.
189     (10)(11)  This section does not prohibit the governing body
190of a municipality or county, with respect to streets, highways,
191or other property under its jurisdiction, from regulating the
192parking of motor vehicles for any purpose.
193     (11)(12)  A violation of this section is a noncriminal
194traffic infraction, punishable as a nonmoving violation as
195provided in chapter 318, unless otherwise mandated by general
196law.
197     Section 5.  Subsection (9) of section 318.14, Florida
198Statutes, is amended to read:
199     318.14  Noncriminal traffic infractions; exception;
200procedures.-
201     (9)  Any person who does not hold a commercial driver's
202license and who is cited for an infraction under this section
203other than a violation of s. 316.183(2), s. 316.187, or s.
204316.189 when the driver exceeds the posted limit by 30 miles per
205hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
206s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
207appearance, elect to attend in the location of his or her choice
208within this state a basic driver improvement course approved by
209the Department of Highway Safety and Motor Vehicles. In such a
210case, adjudication must be withheld and points, as provided by
211s. 322.27, may not be assessed. However, a person may not make
212an election under this subsection if the person has made an
213election under this subsection in the preceding 12 months. A
214person may make no more than five elections within his or her
215lifetime 10 years under this subsection. The requirement for
216community service under s. 318.18(8) is not waived by a plea of
217nolo contendere or by the withholding of adjudication of guilt
218by a court. If a person makes an election to attend a basic
219driver improvement course under this subsection, 18 percent of
220the civil penalty imposed under s. 318.18(3) shall be deposited
221in the State Courts Revenue Trust Fund; however, that portion is
222not revenue for purposes of s. 28.36 and may not be used in
223establishing the budget of the clerk of the court under that
224section or s. 28.35.
225     Section 6.  Subsection (21) is added to section 318.18,
226Florida Statutes, to read:
227     318.18  Amount of penalties.-The penalties required for a
228noncriminal disposition pursuant to s. 318.14 or a criminal
229offense listed in s. 318.17 are as follows:
230     (21)  One hundred dollars for a violation of s. 316.1951
231for a vehicle that is unlawfully displayed for sale, hire, or
232rental. Notwithstanding any other law to the contrary, fines
233collected under this subsection shall be retained by the
234governing authority that authorized towing of the vehicle. Fines
235collected by the department shall be deposited into the Highway
236Safety Operating Trust Fund.
237     Section 7.  Paragraphs (a) and (b) of subsection (6) of
238section 319.225, Florida Statutes, are amended to read:
239     319.225  Transfer and reassignment forms; odometer
240disclosure statements.-
241     (6)(a)  If the certificate of title is physically held by a
242lienholder, the transferor may give a power of attorney to his
243or her transferee for the purpose of odometer disclosure. The
244power of attorney must be on a form issued or authorized by the
245department, which form must be in compliance with 49 C.F.R. ss.
246580.4 and 580.13. The department shall not require the signature
247of the transferor to be notarized on the form; however, in lieu
248of notarization, the form shall include an affidavit with the
249following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
250HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
251ARE TRUE. The transferee shall sign the power of attorney form,
252print his or her name, and return a copy of the power of
253attorney form to the transferor. Upon receipt of a title
254certificate, the transferee shall complete the space for mileage
255disclosure on the title certificate exactly as the mileage was
256disclosed by the transferor on the power of attorney form. If
257the transferee is a licensed motor vehicle dealer who is
258transferring the vehicle to a retail purchaser, the dealer shall
259make application on behalf of the retail purchaser as provided
260in s. 319.23(6) and shall submit the original power of attorney
261form to the department with the application for title and the
262transferor's title certificate; otherwise, a dealer may reassign
263the title certificate by using the dealer reassignment form in
264the manner prescribed in subsection (3), and, at the time of
265physical transfer of the vehicle, the original power of attorney
266shall be delivered to the person designated as the transferee of
267the dealer on the dealer reassignment form. A copy of the
268executed power of attorney shall be submitted to the department
269with a copy of the executed dealer reassignment form within 5
270business days after the certificate of title and dealer
271reassignment form are delivered by the dealer to its transferee.
272     (b)  If the certificate of title is lost or otherwise
273unavailable, the transferor may give a power of attorney to his
274or her transferee for the purpose of odometer disclosure. The
275power of attorney must be on a form issued or authorized by the
276department, which form must be in compliance with 49 C.F.R. ss.
277580.4 and 580.13. The department shall not require the signature
278of the transferor to be notarized on the form; however, in lieu
279of notarization, the form shall include an affidavit with the
280following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
281HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
282ARE TRUE. The transferee shall sign the power of attorney form,
283print his or her name, and return a copy of the power of
284attorney form to the transferor. Upon receipt of the title
285certificate or a duplicate title certificate, the transferee
286shall complete the space for mileage disclosure on the title
287certificate exactly as the mileage was disclosed by the
288transferor on the power of attorney form. If the transferee is a
289licensed motor vehicle dealer who is transferring the vehicle to
290a retail purchaser, the dealer shall make application on behalf
291of the retail purchaser as provided in s. 319.23(6) and shall
292submit the original power of attorney form to the department
293with the application for title and the transferor's title
294certificate or duplicate title certificate; otherwise, a dealer
295may reassign the title certificate by using the dealer
296reassignment form in the manner prescribed in subsection (3),
297and, at the time of physical transfer of the vehicle, the
298original power of attorney shall be delivered to the person
299designated as the transferee of the dealer on the dealer
300reassignment form. A copy of the executed power of attorney
301shall be submitted to the department with a copy of the executed
302dealer reassignment form within 5 business days after the
303duplicate certificate of title and dealer reassignment form are
304delivered by the dealer to its transferee.
305     Section 8.  Subsection (6) of section 319.23, Florida
306Statutes, is amended to read:
307     319.23  Application for, and issuance of, certificate of
308title.-
309     (6)(a)  In the case of the sale of a motor vehicle or
310mobile home by a licensed dealer to a general purchaser, the
311certificate of title must be obtained in the name of the
312purchaser by the dealer upon application signed by the
313purchaser, and in each other case such certificate must be
314obtained by the purchaser. In each case of transfer of a motor
315vehicle or mobile home, the application for a certificate of
316title, a or corrected certificate, or an assignment or
317reassignment, must be filed within 30 days after from the
318delivery of the motor vehicle or mobile home to the purchaser.
319An applicant must pay a fee of $20, in addition to all other
320fees and penalties required by law, for failing to file such
321application within the specified time. In the case of the sale
322of a motor vehicle by a licensed motor vehicle dealer to a
323general purchaser who resides in another state or country, the
324dealer is not required to apply for a certificate of title for
325the motor vehicle; however, the dealer must transfer ownership
326and reassign the certificate of title or manufacturer's
327certificate of origin to the purchaser, and the purchaser must
328sign an affidavit, as approved by the department, that the
329purchaser will title and register the motor vehicle in another
330state or country.
331     (b)  If a licensed dealer acquires a motor vehicle or
332mobile home as a trade-in, the dealer must file with the
333department, within 30 days, a notice of sale signed by the
334seller. The department shall update its database for that title
335record to indicate "sold." A licensed dealer need not apply for
336a certificate of title for any motor vehicle or mobile home in
337stock acquired for stock purposes except as provided in s.
338319.225.
339     Section 9.  Subsection (16) of section 320.02, Florida
340Statutes, is amended to read:
341     320.02  Registration required; application for
342registration; forms.-
343     (16)  The department is authorized to withhold registration
344or re-registration of a motor vehicle if the name of the owner
345or of a coowner appears on a list submitted to the department by
346a licensed motor vehicle dealer for a previous registration of
347that vehicle. The department shall place the name of the
348registered owner of that vehicle on the list of those persons
349who may not be issued a license plate, revalidation sticker, or
350replacement plate for the vehicle purchased from the licensed
351motor vehicle dealer. The motor vehicle dealer must maintain
352signed evidence that the owner or coowner acknowledged the
353dealer's authority to submit the list to the department if he or
354she failed to pay and must note the amount for which the owner
355or coowner would be responsible for the vehicle registration.
356The dealer must maintain the necessary documentation required in
357this subsection or face penalties as provided in s. 320.27. This
358subsection does not affect the issuance of a title to a motor
359vehicle.
360     (a)  The motor vehicle owner or coowner may dispute the
361claim that money is owed to a dealer for registration fees by
362submitting a form to the department if the motor vehicle owner
363or coowner has documentary proof that the registration fees have
364been paid to the dealer for the disputed amount. Without clear
365evidence of the amounts owed for the vehicle registration and
366repayment, the department will assume initial payments are
367applied to government-assessed fees first.
368     (b)  If the registered owner's dispute complies with
369paragraph (a), the department shall immediately remove the motor
370vehicle owner or coowner's name from the list, thereby allowing
371the issuance of a license plate or revalidation sticker.
372     Section 10.  Subsections (4) and (6) and paragraph (a) of
373subsection (9) of section 320.27, Florida Statutes, are amended
374to read:
375     320.27  Motor vehicle dealers.-
376     (4)  LICENSE CERTIFICATE.-
377     (a)  A license certificate shall be issued by the
378department in accordance with such application when the
379application is regular in form and in compliance with the
380provisions of this section. The license certificate may be in
381the form of a document or a computerized card as determined by
382the department. The actual cost of each original, additional, or
383replacement computerized card shall be borne by the licensee and
384is in addition to the fee for licensure. Such license, when so
385issued, entitles the licensee to carry on and conduct the
386business of a motor vehicle dealer. Each license issued to a
387franchise motor vehicle dealer expires annually on December 31
388unless revoked or suspended prior to that date. Each license
389issued to an independent or wholesale dealer or auction expires
390annually on April 30 unless revoked or suspended prior to that
391date. Not less than 60 days prior to the license expiration
392date, the department shall deliver or mail to each licensee the
393necessary renewal forms. Each independent dealer shall certify
394that the dealer (owner, partner, officer, or director of the
395licensee, or a full-time employee of the licensee that holds a
396responsible management-level position) has completed 8 hours of
397continuing education prior to filing the renewal forms with the
398department. Such certification shall be filed once every 2 years
399commencing with the 2006 renewal period. The continuing
400education shall include at least 2 hours of legal or legislative
401issues, 1 hour of department issues, and 5 hours of relevant
402motor vehicle industry topics. Continuing education shall be
403provided by dealer schools licensed under paragraph (b) either
404in a classroom setting or by correspondence. Such schools shall
405provide certificates of completion to the department and the
406customer which shall be filed with the license renewal form, and
407such schools may charge a fee for providing continuing
408education. Any licensee who does not file his or her application
409and fees and any other requisite documents, as required by law,
410with the department at least 30 days prior to the license
411expiration date shall cease to engage in business as a motor
412vehicle dealer on the license expiration date. A renewal filed
413with the department within 45 days after the expiration date
414shall be accompanied by a delinquent fee of $100. Thereafter, a
415new application is required, accompanied by the initial license
416fee. A license certificate duly issued by the department may be
417modified by endorsement to show a change in the name of the
418licensee, provided, as shown by affidavit of the licensee, the
419majority ownership interest of the licensee has not changed or
420the name of the person appearing as franchisee on the sales and
421service agreement has not changed. Modification of a license
422certificate to show any name change as herein provided shall not
423require initial licensure or reissuance of dealer tags; however,
424any dealer obtaining a name change shall transact all business
425in and be properly identified by that name. All documents
426relative to licensure shall reflect the new name. In the case of
427a franchise dealer, the name change shall be approved by the
428manufacturer, distributor, or importer. A licensee applying for
429a name change endorsement shall pay a fee of $25 which fee shall
430apply to the change in the name of a main location and all
431additional locations licensed under the provisions of subsection
432(5). Each initial license application received by the department
433shall be accompanied by verification that, within the preceding
4346 months, the applicant, or one or more of his or her designated
435employees, has attended a training and information seminar
436conducted by a licensed motor vehicle dealer training school.
437Any applicant for a new franchised motor vehicle dealer license
438who has held a valid franchised motor vehicle dealer license
439continuously for the past 2 years and who remains in good
440standing with the department is exempt from the prelicensing
441training requirement. Such seminar shall include, but is not
442limited to, statutory dealer requirements, which requirements
443include required bookkeeping and recordkeeping procedures,
444requirements for the collection of sales and use taxes, and such
445other information that in the opinion of the department will
446promote good business practices. No seminar may exceed 8 hours
447in length.
448     (b)  Each initial license application received by the
449department for licensure under subparagraph (1)(c)2. shall must
450be accompanied by verification that, within the preceding 6
451months, the applicant (owner, partner, officer, or director of
452the applicant, or a full-time employee of the applicant that
453holds a responsible management-level position) has successfully
454completed training conducted by a licensed motor vehicle dealer
455training school. Such training must include training in titling
456and registration of motor vehicles, laws relating to unfair and
457deceptive trade practices, laws relating to financing with
458regard to buy-here, pay-here operations, and such other
459information that in the opinion of the department will promote
460good business practices. Successful completion of this training
461shall be determined by examination administered at the end of
462the course and attendance of no less than 90 percent of the
463total hours required by such school. Any applicant who had held
464a valid motor vehicle dealer's license continuously within the
465past 2 years and who remains in good standing with the
466department is exempt from the prelicensing requirements of this
467section paragraph. The department shall have the authority to
468adopt any rule necessary for establishing the training
469curriculum; length of training, which shall not exceed 8 hours
470for required department topics and shall not exceed an
471additional 24 hours for topics related to other regulatory
472agencies' instructor qualifications; and any other requirements
473under this section. The curriculum for other subjects shall be
474approved by any and all other regulatory agencies having
475jurisdiction over specific subject matters; however, the overall
476administration of the licensing of these dealer schools and
477their instructors shall remain with the department. Such schools
478are authorized to charge a fee. This privatized method for
479training applicants for dealer licensing pursuant to
480subparagraph (1)(c)2. is a pilot program that shall be evaluated
481by the department after it has been in operation for a period of
4822 years.
483     (6)  RECORDS TO BE KEPT BY LICENSEE.-Every licensee shall
484keep a book or record in either paper or electronic such form as
485shall be prescribed or approved by the department for a period
486of 5 years, in which the licensee shall keep a record of the
487purchase, sale, or exchange, or receipt for the purpose of sale,
488of any motor vehicle, the date upon which any temporary tag was
489issued, the date of title transfer, and a description of such
490motor vehicle together with the name and address of the seller,
491the purchaser, and the alleged owner or other person from whom
492such motor vehicle was purchased or received or to whom it was
493sold or delivered, as the case may be. Such description shall
494include the identification or engine number, maker's number, if
495any, chassis number, if any, and such other numbers or
496identification marks as may be thereon and shall also include a
497statement that a number has been obliterated, defaced, or
498changed, if such is the fact. When a licensee chooses to
499maintain electronic records, the original paper documents may be
500destroyed after the licensee successfully transfers title and
501registration to the purchaser as required by chapter 319 for any
502purchaser who titles and registers the motor vehicle in this
503state. In the case of a sale to a purchaser who will title and
504register the motor vehicle in another state or country, the
505licensee may destroy the original paper documents after
506successfully delivering a lawfully reassigned title or
507manufacturer's certificate or statement of origin to the
508purchaser and after producing electronic images of all documents
509related to the sale.
510     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
511     (a)  The department may deny, suspend, or revoke any
512license issued hereunder or under the provisions of s. 320.77 or
513s. 320.771, upon proof that an applicant or a licensee has
514committed any of the following activities:
515     1.  Committed Commission of fraud or willful
516misrepresentation in application for or in obtaining a license.
517     2.  Been convicted Conviction of a felony.
518     3.  Failed Failure to honor a bank draft or check given to
519a motor vehicle dealer for the purchase of a motor vehicle by
520another motor vehicle dealer within 10 days after notification
521that the bank draft or check has been dishonored. If the
522transaction is disputed, the maker of the bank draft or check
523shall post a bond in accordance with the provisions of s.
524559.917, and no proceeding for revocation or suspension shall be
525commenced until the dispute is resolved.
526     4.a.  Failed to provide payment within 10 business days to
527the department for a check payable to the department that was
528dishonored due to insufficient funds in the amount due plus any
529statutorily authorized fee for uttering a worthless check. The
530department shall notify an applicant or licensee when the
531applicant or licensee makes payment to the department by a check
532that is subsequently dishonored by the bank due to insufficient
533funds. The applicant or licensee shall, within 10 business days
534after receiving the notice, provide payment to the department in
535the form of cash in the amount due plus any statutorily
536authorized fee. If the applicant or licensee fails to make such
537payment within 10 business days, the department may deny,
538suspend, or revoke the applicant's or licensee's motor vehicle
539dealer license.
540     b.  Stopped payment on a check payable to the department,
541issued a check payable to the department from an account that
542has been closed, or charged back a credit card transaction to
543the department. If an applicant or licensee commits any such
544act, the department may deny, suspend, or revoke the applicant's
545or licensee's motor vehicle dealer license.
546     5.a.  Failed to provide payment in the amount of tuition
547due plus any statutorily authorized fee within 10 business days
548to a licensed motor vehicle dealer training school for a check
549payable to the school that was dishonored due to insufficient
550funds in the amount of tuition due plus any statutorily
551authorized fee for uttering a worthless check. A licensed motor
552vehicle dealer training school shall notify a student when the
553student makes payment to the school by a check that is
554subsequently dishonored by the bank due to insufficient funds.
555The student shall, within 10 business days after receiving the
556notice, provide payment to the school in a manner designated by
557the school in the amount of tuition due plus any statutorily
558authorized fee. If the student fails to make such payment within
55910 business days, the motor vehicle dealer training school may
560cancel the training certificate issued to the student and notify
561the department of the cancellation of the training certificate.
562     b.  Stopped payment on a check payable to a licensed motor
563vehicle dealer training school, issued a check payable to a
564licensed motor vehicle dealer training school from an account
565that has been closed, or charged back a credit card transaction
566to a licensed motor vehicle dealer training school. If a student
567commits any such act, the motor vehicle dealer training school
568may cancel the training certificate issued to the student and
569notify the department of the cancellation of the training
570certificate.
571     Section 11.  Subsection (4) of section 322.0261, Florida
572Statutes, is amended to read:
573     322.0261  Driver improvement course; requirement to
574maintain driving privileges; failure to complete; department
575approval of course.-
576     (4)  The department shall identify any operator convicted
577of, or who pleaded nolo contendere to, a violation of s.
578316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
579316.192 and, unless the court has withheld adjudication, shall
580require that operator, in addition to other applicable
581penalties, to attend a department-approved driver improvement
582course in order to maintain driving privileges. If the operator
583fails to complete the course within 90 days after receiving
584notice from the department, the operator's driver license shall
585be canceled by the department until the course is successfully
586completed.
587     Section 12.  This act shall take effect July 1, 2010.


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