CS/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.
6316.1951, 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 local government to adopt an
14ordinance to enforce such provisions; authorizing a code
15enforcement officer from any local government agency to
16enforce such provisions; providing for immediate removal
17of a motor vehicle in violation of specified provisions;
18providing for assessment of a fine in addition to towing
19and storage fees; requiring a release form prescribed by
20the department to be completed before release of the motor
21vehicle; amending s. 318.14, F.S.; providing a lifetime
22limitation on the number of times a person may elect to
23attend a driver improvement course in lieu of appearing in
24court for certain traffic infractions; amending s. 318.18,
25F.S.; specifying a fine for a vehicle that is displayed
26for sale, hire, or rental in violation of such provisions;
27providing for disposition of fines collected; amending s.
28319.225, F.S.; prohibiting the department from requiring
29the signature of the transferor to be notarized on certain
30motor vehicle title transfer forms relating to mileage of
31the vehicle; requiring the forms to include an affidavit
32declaring facts in the document to be true; amending s.
33319.23, F.S.; providing that, under certain circumstances,
34a motor vehicle dealer is not required to apply for a
35certificate of title for a motor vehicle sold to a general
36purchaser who resides outside the state; amending s.
37320.02, F.S.; directing the department to place the name
38of the owner of a motor vehicle on the list of persons who
39may not be issued a license plate or revalidation sticker
40if that person is on a list submitted to the department by
41a licensed dealer; amending s. 320.27, F.S.; clarifying an
42exemption from certain dealer prelicensing requirements;
43removing a requirement for evaluation of privatized
44applicant training methods; authorizing dealer records to
45be kept in either paper or electronic form; providing
46procedures for transfer of documents to electronic form;
47authorizing the department to deny, suspend, or revoke a
48dealer's license for certain actions relating to payments
49made to the department; authorizing a dealer training
50school to cancel the training certificate issued to a
51student for certain actions relating to payments made to
52the school; amending s. 322.0261, F.S.; providing that the
53department shall not require a person to attend a driver
54improvement course for specified traffic violations when
55adjudication has been withheld by the court; providing an
56effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Subsection (9) of section 261.03, Florida
61Statutes, is amended to read:
62     261.03  Definitions.-As used in this chapter, the term:
63     (9)  "ROV" means any motorized recreational off-highway
64vehicle 64 60 inches or less in width, having a dry weight of
652,000 1,500 pounds or less, designed to travel on four or more
66nonhighway tires, having nonstraddle seating and a steering
67wheel, and manufactured for recreational use by one or more
68persons. The term "ROV" does not include a golf cart as defined
69in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
70defined in s. 320.01(42).
71     Section 2.  Subsection (9) of section 317.0003, Florida
72Statutes, is amended to read:
73     317.0003  Definitions.-As used in this chapter, the term:
74     (9)  "ROV" means any motorized recreational off-highway
75vehicle 64 60 inches or less in width, having a dry weight of
762,000 1,500 pounds or less, designed to travel on four or more
77nonhighway tires, having nonstraddle seating and a steering
78wheel, and manufactured for recreational use by one or more
79persons. The term "ROV" does not include a golf cart as defined
80in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
81defined in s. 320.01(42).
82     Section 3.  Section 316.1951, Florida Statutes, is amended
83to read:
84     316.1951  Parking for certain purposes prohibited; sale of
85motor vehicles; prohibited acts.-
86     (1)  It is unlawful for any person to park a motor vehicle,
87as defined in s. 320.01, upon a public street or highway, upon a
88public parking lot, or other public property, or upon private
89property where the public has the right to travel by motor
90vehicle, for the principal purpose and intent of displaying the
91motor vehicle thereon for sale, hire, or rental unless the sale,
92hire, or rental of the motor vehicle is specifically authorized
93on such property by municipal or county regulation and the
94person is in compliance with all municipal or county licensing
95regulations.
96     (2)  The provisions of subsection (1) do not prohibit a
97person from parking his or her own motor vehicle or his or her
98other personal property on any private real property which the
99person owns or leases or on private real property which the
100person does not own or lease, but for which he or she obtains
101the permission of the owner, or on the public street immediately
102adjacent thereto, for the principal purpose and intent of sale,
103hire, or rental.
104     (3)  Subsection (1) does not prohibit a licensed motor
105vehicle dealer from displaying for sale or offering for sale
106motor vehicles at locations other than the dealer's licensed
107location if the dealer has been issued a supplemental license
108for off-premises sales, as provided in s. 320.27(5), and has
109complied with the requirements in subsection (1). A vehicle
110displayed for sale by a licensed dealer at any location other
111than the dealer's licensed location is subject to immediate
112removal without warning.
113     (4)  The Department of Highway Safety and Motor Vehicles
114shall adopt by rule a uniform written notice to be used to
115enforce this section. Each law enforcement agency in this state
116shall provide, at each agency's expense, the notice forms
117necessary to enforce this section.
118     (4)(5)  A local government may adopt an ordinance to allow
119the towing of a motor vehicle parked in violation of this
120section. A law enforcement officer, compliance officer, code
121enforcement officer from any local government agency, or
122supervisor of the department may issue a citation and cause to
123be immediately removed at the owner's expense any motor vehicle
124found in violation of subsection (1), except as provided in
125subsections (2) and (3), or in violation of subsection (5),
126subsection (6), subsection (7), or subsection (8), and the owner
127shall be assessed a penalty as provided in s. 318.18(21) by the
128government agency or authority that orders immediate removal of
129the motor vehicle. A motor vehicle removed under this section
130shall not be released from an impound or towing and storage
131facility before a release form prescribed by the department has
132been completed verifying that the fine has been paid to the
133government agency or authority that ordered immediate removal of
134the motor vehicle. However, the owner may pay towing and storage
135charges to the towing and storage facility before payment of the
136fine or before the release form has been completed which has
137been parked in one location for more than 24 hours after a
138written notice has been issued. Every written notice issued
139pursuant to this section shall be affixed in a conspicuous place
140upon a vehicle by a law enforcement officer, compliance officer,
141or supervisor of the department. Any vehicle found in violation
142of subsection (1) within 30 days after a previous violation and
143written notice is subject to immediate removal without an
144additional waiting period.
145     (5)(6)  It is unlawful to offer a vehicle for sale if the
146vehicle identification number has been destroyed, removed,
147covered, altered, or defaced, as described in s. 319.33(1)(d). A
148vehicle found in violation of this subsection is subject to
149immediate removal without warning.
150     (6)(7)  It is unlawful to knowingly attach to any motor
151vehicle a registration that was not assigned or lawfully
152transferred to the vehicle pursuant to s. 320.261. A vehicle
153found in violation of this subsection is subject to immediate
154removal without warning.
155     (7)(8)  It is unlawful to display or offer for sale a
156vehicle that does not have a valid registration as provided in
157s. 320.02. A vehicle found in violation of this subsection is
158subject to immediate removal without warning. This subsection
159does not apply to vehicles and recreational vehicles being
160offered for sale through motor vehicle auctions as defined in s.
161320.27(1)(c)4.
162     (8)(9)  A vehicle is subject to immediate removal without
163warning if it bears a telephone number that has been displayed
164on three or more vehicles offered for sale within a 12-month
165period.
166     (9)(10)  Any other provision of law to the contrary
167notwithstanding, a violation of subsection (1), subsection (5),
168subsection (6), subsection (7), or subsection (8) shall subject
169the owner of such motor vehicle to towing fees reasonably
170necessitated by removal and storage of the motor vehicle and a
171fine as required by s. 318.18.
172     (10)(11)  This section does not prohibit the governing body
173of a municipality or county, with respect to streets, highways,
174or other property under its jurisdiction, from regulating the
175parking of motor vehicles for any purpose.
176     (11)(12)  A violation of this section is a noncriminal
177traffic infraction, punishable as a nonmoving violation as
178provided in chapter 318, unless otherwise mandated by general
179law.
180     Section 4.  Subsection (9) of section 318.14, Florida
181Statutes, is amended to read:
182     318.14  Noncriminal traffic infractions; exception;
183procedures.-
184     (9)  Any person who does not hold a commercial driver's
185license and who is cited for an infraction under this section
186other than a violation of s. 316.183(2), s. 316.187, or s.
187316.189 when the driver exceeds the posted limit by 30 miles per
188hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
189s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
190appearance, elect to attend in the location of his or her choice
191within this state a basic driver improvement course approved by
192the Department of Highway Safety and Motor Vehicles. In such a
193case, adjudication must be withheld and points, as provided by
194s. 322.27, may not be assessed. However, a person may not make
195an election under this subsection if the person has made an
196election under this subsection in the preceding 12 months. A
197person may make no more than five elections within his or her
198lifetime 10 years under this subsection. The requirement for
199community service under s. 318.18(8) is not waived by a plea of
200nolo contendere or by the withholding of adjudication of guilt
201by a court. If a person makes an election to attend a basic
202driver improvement course under this subsection, 18 percent of
203the civil penalty imposed under s. 318.18(3) shall be deposited
204in the State Courts Revenue Trust Fund; however, that portion is
205not revenue for purposes of s. 28.36 and may not be used in
206establishing the budget of the clerk of the court under that
207section or s. 28.35.
208     Section 5.  Subsection (21) is added to section 318.18,
209Florida Statutes, to read:
210     318.18  Amount of penalties.-The penalties required for a
211noncriminal disposition pursuant to s. 318.14 or a criminal
212offense listed in s. 318.17 are as follows:
213     (21)  One hundred dollars for a violation of s. 316.1951
214for a vehicle that is unlawfully displayed for sale, hire, or
215rental. Notwithstanding any other law to the contrary, fines
216collected under this subsection shall be retained by the
217governing authority that authorized towing of the vehicle. Fines
218collected by the department shall be deposited into the Highway
219Safety Operating Trust Fund.
220     Section 6.  Paragraphs (a) and (b) of subsection (6) of
221section 319.225, Florida Statutes, are amended to read:
222     319.225  Transfer and reassignment forms; odometer
223disclosure statements.-
224     (6)(a)  If the certificate of title is physically held by a
225lienholder, the transferor may give a power of attorney to his
226or her transferee for the purpose of odometer disclosure. The
227power of attorney must be on a form issued or authorized by the
228department, which form must be in compliance with 49 C.F.R. ss.
229580.4 and 580.13. The department shall not require the signature
230of the transferor to be notarized on the form; however, in lieu
231of notarization, the form shall include an affidavit with the
232following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
233HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
234ARE TRUE. The transferee shall sign the power of attorney form,
235print his or her name, and return a copy of the power of
236attorney form to the transferor. Upon receipt of a title
237certificate, the transferee shall complete the space for mileage
238disclosure on the title certificate exactly as the mileage was
239disclosed by the transferor on the power of attorney form. If
240the transferee is a licensed motor vehicle dealer who is
241transferring the vehicle to a retail purchaser, the dealer shall
242make application on behalf of the retail purchaser as provided
243in s. 319.23(6) and shall submit the original power of attorney
244form to the department with the application for title and the
245transferor's title certificate; otherwise, a dealer may reassign
246the title certificate by using the dealer reassignment form in
247the manner prescribed in subsection (3), and, at the time of
248physical transfer of the vehicle, the original power of attorney
249shall be delivered to the person designated as the transferee of
250the dealer on the dealer reassignment form. A copy of the
251executed power of attorney shall be submitted to the department
252with a copy of the executed dealer reassignment form within 5
253business days after the certificate of title and dealer
254reassignment form are delivered by the dealer to its transferee.
255     (b)  If the certificate of title is lost or otherwise
256unavailable, the transferor may give a power of attorney to his
257or her transferee for the purpose of odometer disclosure. The
258power of attorney must be on a form issued or authorized by the
259department, which form must be in compliance with 49 C.F.R. ss.
260580.4 and 580.13. The department shall not require the signature
261of the transferor to be notarized on the form; however, in lieu
262of notarization, the form shall include an affidavit with the
263following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
264HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
265ARE TRUE. The transferee shall sign the power of attorney form,
266print his or her name, and return a copy of the power of
267attorney form to the transferor. Upon receipt of the title
268certificate or a duplicate title certificate, the transferee
269shall complete the space for mileage disclosure on the title
270certificate exactly as the mileage was disclosed by the
271transferor on the power of attorney form. If the transferee is a
272licensed motor vehicle dealer who is transferring the vehicle to
273a retail purchaser, the dealer shall make application on behalf
274of the retail purchaser as provided in s. 319.23(6) and shall
275submit the original power of attorney form to the department
276with the application for title and the transferor's title
277certificate or duplicate title certificate; otherwise, a dealer
278may reassign the title certificate by using the dealer
279reassignment form in the manner prescribed in subsection (3),
280and, at the time of physical transfer of the vehicle, the
281original power of attorney shall be delivered to the person
282designated as the transferee of the dealer on the dealer
283reassignment form. A copy of the executed power of attorney
284shall be submitted to the department with a copy of the executed
285dealer reassignment form within 5 business days after the
286duplicate certificate of title and dealer reassignment form are
287delivered by the dealer to its transferee.
288     Section 7.  Subsection (6) of section 319.23, Florida
289Statutes, is amended to read:
290     319.23  Application for, and issuance of, certificate of
291title.-
292     (6)(a)  In the case of the sale of a motor vehicle or
293mobile home by a licensed dealer to a general purchaser, the
294certificate of title must be obtained in the name of the
295purchaser by the dealer upon application signed by the
296purchaser, and in each other case such certificate must be
297obtained by the purchaser. In each case of transfer of a motor
298vehicle or mobile home, the application for a certificate of
299title, a or corrected certificate, or an assignment or
300reassignment, must be filed within 30 days after from the
301delivery of the motor vehicle or mobile home to the purchaser.
302An applicant must pay a fee of $20, in addition to all other
303fees and penalties required by law, for failing to file such
304application within the specified time. In the case of the sale
305of a motor vehicle by a licensed motor vehicle dealer to a
306general purchaser who resides in another state or country, the
307dealer is not required to apply for a certificate of title for
308the motor vehicle; however, the dealer must transfer ownership
309and reassign the certificate of title or manufacturer's
310certificate of origin to the purchaser, and the purchaser must
311sign an affidavit, as approved by the department, that the
312purchaser will title and register the motor vehicle in another
313state or country.
314     (b)  If a licensed dealer acquires a motor vehicle or
315mobile home as a trade-in, the dealer must file with the
316department, within 30 days, a notice of sale signed by the
317seller. The department shall update its database for that title
318record to indicate "sold." A licensed dealer need not apply for
319a certificate of title for any motor vehicle or mobile home in
320stock acquired for stock purposes except as provided in s.
321319.225.
322     Section 8.  Subsection (16) of section 320.02, Florida
323Statutes, is amended to read:
324     320.02  Registration required; application for
325registration; forms.-
326     (16)  The department is authorized to withhold registration
327or re-registration of a motor vehicle if the name of the owner
328or of a coowner appears on a list submitted to the department by
329a licensed motor vehicle dealer for a previous registration of
330that vehicle. The department shall place the name of the
331registered owner of that vehicle on the list of those persons
332who may not be issued a license plate, revalidation sticker, or
333replacement plate for the vehicle purchased from the licensed
334motor vehicle dealer. The motor vehicle dealer must maintain
335signed evidence that the owner or coowner acknowledged the
336dealer's authority to submit the list to the department if he or
337she failed to pay and must note the amount for which the owner
338or coowner would be responsible for the vehicle registration.
339The dealer must maintain the necessary documentation required in
340this subsection or face penalties as provided in s. 320.27. This
341subsection does not affect the issuance of a title to a motor
342vehicle.
343     (a)  The motor vehicle owner or coowner may dispute the
344claim that money is owed to a dealer for registration fees by
345submitting a form to the department if the motor vehicle owner
346or coowner has documentary proof that the registration fees have
347been paid to the dealer for the disputed amount. Without clear
348evidence of the amounts owed for the vehicle registration and
349repayment, the department will assume initial payments are
350applied to government-assessed fees first.
351     (b)  If the registered owner's dispute complies with
352paragraph (a), the department shall immediately remove the motor
353vehicle owner or coowner's name from the list, thereby allowing
354the issuance of a license plate or revalidation sticker.
355     Section 9.  Subsections (4) and (6) and paragraph (a) of
356subsection (9) of section 320.27, Florida Statutes, are amended
357to read:
358     320.27  Motor vehicle dealers.-
359     (4)  LICENSE CERTIFICATE.-
360     (a)  A license certificate shall be issued by the
361department in accordance with such application when the
362application is regular in form and in compliance with the
363provisions of this section. The license certificate may be in
364the form of a document or a computerized card as determined by
365the department. The actual cost of each original, additional, or
366replacement computerized card shall be borne by the licensee and
367is in addition to the fee for licensure. Such license, when so
368issued, entitles the licensee to carry on and conduct the
369business of a motor vehicle dealer. Each license issued to a
370franchise motor vehicle dealer expires annually on December 31
371unless revoked or suspended prior to that date. Each license
372issued to an independent or wholesale dealer or auction expires
373annually on April 30 unless revoked or suspended prior to that
374date. Not less than 60 days prior to the license expiration
375date, the department shall deliver or mail to each licensee the
376necessary renewal forms. Each independent dealer shall certify
377that the dealer (owner, partner, officer, or director of the
378licensee, or a full-time employee of the licensee that holds a
379responsible management-level position) has completed 8 hours of
380continuing education prior to filing the renewal forms with the
381department. Such certification shall be filed once every 2 years
382commencing with the 2006 renewal period. The continuing
383education shall include at least 2 hours of legal or legislative
384issues, 1 hour of department issues, and 5 hours of relevant
385motor vehicle industry topics. Continuing education shall be
386provided by dealer schools licensed under paragraph (b) either
387in a classroom setting or by correspondence. Such schools shall
388provide certificates of completion to the department and the
389customer which shall be filed with the license renewal form, and
390such schools may charge a fee for providing continuing
391education. Any licensee who does not file his or her application
392and fees and any other requisite documents, as required by law,
393with the department at least 30 days prior to the license
394expiration date shall cease to engage in business as a motor
395vehicle dealer on the license expiration date. A renewal filed
396with the department within 45 days after the expiration date
397shall be accompanied by a delinquent fee of $100. Thereafter, a
398new application is required, accompanied by the initial license
399fee. A license certificate duly issued by the department may be
400modified by endorsement to show a change in the name of the
401licensee, provided, as shown by affidavit of the licensee, the
402majority ownership interest of the licensee has not changed or
403the name of the person appearing as franchisee on the sales and
404service agreement has not changed. Modification of a license
405certificate to show any name change as herein provided shall not
406require initial licensure or reissuance of dealer tags; however,
407any dealer obtaining a name change shall transact all business
408in and be properly identified by that name. All documents
409relative to licensure shall reflect the new name. In the case of
410a franchise dealer, the name change shall be approved by the
411manufacturer, distributor, or importer. A licensee applying for
412a name change endorsement shall pay a fee of $25 which fee shall
413apply to the change in the name of a main location and all
414additional locations licensed under the provisions of subsection
415(5). Each initial license application received by the department
416shall be accompanied by verification that, within the preceding
4176 months, the applicant, or one or more of his or her designated
418employees, has attended a training and information seminar
419conducted by a licensed motor vehicle dealer training school.
420Any applicant for a new franchised motor vehicle dealer license
421who has held a valid franchised motor vehicle dealer license
422continuously for the past 2 years and who remains in good
423standing with the department is exempt from the prelicensing
424training requirement. Such seminar shall include, but is not
425limited to, statutory dealer requirements, which requirements
426include required bookkeeping and recordkeeping procedures,
427requirements for the collection of sales and use taxes, and such
428other information that in the opinion of the department will
429promote good business practices. No seminar may exceed 8 hours
430in length.
431     (b)  Each initial license application received by the
432department for licensure under subparagraph (1)(c)2. shall must
433be accompanied by verification that, within the preceding 6
434months, the applicant (owner, partner, officer, or director of
435the applicant, or a full-time employee of the applicant that
436holds a responsible management-level position) has successfully
437completed training conducted by a licensed motor vehicle dealer
438training school. Such training must include training in titling
439and registration of motor vehicles, laws relating to unfair and
440deceptive trade practices, laws relating to financing with
441regard to buy-here, pay-here operations, and such other
442information that in the opinion of the department will promote
443good business practices. Successful completion of this training
444shall be determined by examination administered at the end of
445the course and attendance of no less than 90 percent of the
446total hours required by such school. Any applicant who had held
447a valid motor vehicle dealer's license continuously within the
448past 2 years and who remains in good standing with the
449department is exempt from the prelicensing requirements of this
450section paragraph. The department shall have the authority to
451adopt any rule necessary for establishing the training
452curriculum; length of training, which shall not exceed 8 hours
453for required department topics and shall not exceed an
454additional 24 hours for topics related to other regulatory
455agencies' instructor qualifications; and any other requirements
456under this section. The curriculum for other subjects shall be
457approved by any and all other regulatory agencies having
458jurisdiction over specific subject matters; however, the overall
459administration of the licensing of these dealer schools and
460their instructors shall remain with the department. Such schools
461are authorized to charge a fee. This privatized method for
462training applicants for dealer licensing pursuant to
463subparagraph (1)(c)2. is a pilot program that shall be evaluated
464by the department after it has been in operation for a period of
4652 years.
466     (6)  RECORDS TO BE KEPT BY LICENSEE.-Every licensee shall
467keep a book or record in either paper or electronic such form as
468shall be prescribed or approved by the department for a period
469of 5 years, in which the licensee shall keep a record of the
470purchase, sale, or exchange, or receipt for the purpose of sale,
471of any motor vehicle, the date upon which any temporary tag was
472issued, the date of title transfer, and a description of such
473motor vehicle together with the name and address of the seller,
474the purchaser, and the alleged owner or other person from whom
475such motor vehicle was purchased or received or to whom it was
476sold or delivered, as the case may be. Such description shall
477include the identification or engine number, maker's number, if
478any, chassis number, if any, and such other numbers or
479identification marks as may be thereon and shall also include a
480statement that a number has been obliterated, defaced, or
481changed, if such is the fact. When a licensee chooses to
482maintain electronic records, the original paper documents may be
483destroyed after the licensee successfully transfers title and
484registration to the purchaser as required by chapter 319 for any
485purchaser who titles and registers the motor vehicle in this
486state. In the case of a sale to a purchaser who will title and
487register the motor vehicle in another state or country, the
488licensee may destroy the original paper documents after
489successfully delivering a lawfully reassigned title or
490manufacturer's certificate or statement of origin to the
491purchaser and after producing electronic images of all documents
492related to the sale.
493     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
494     (a)  The department may deny, suspend, or revoke any
495license issued hereunder or under the provisions of s. 320.77 or
496s. 320.771, upon proof that an applicant or a licensee has
497committed any of the following activities:
498     1.  Committed Commission of fraud or willful
499misrepresentation in application for or in obtaining a license.
500     2.  Been convicted Conviction of a felony.
501     3.  Failed Failure to honor a bank draft or check given to
502a motor vehicle dealer for the purchase of a motor vehicle by
503another motor vehicle dealer within 10 days after notification
504that the bank draft or check has been dishonored. If the
505transaction is disputed, the maker of the bank draft or check
506shall post a bond in accordance with the provisions of s.
507559.917, and no proceeding for revocation or suspension shall be
508commenced until the dispute is resolved.
509     4.a.  Failed to provide payment within 10 business days to
510the department for a check payable to the department that was
511dishonored due to insufficient funds in the amount due plus any
512statutorily authorized fee for uttering a worthless check. The
513department shall notify an applicant or licensee when the
514applicant or licensee makes payment to the department by a check
515that is subsequently dishonored by the bank due to insufficient
516funds. The applicant or licensee shall, within 10 business days
517after receiving the notice, provide payment to the department in
518the form of cash in the amount due plus any statutorily
519authorized fee. If the applicant or licensee fails to make such
520payment within 10 business days, the department may deny,
521suspend, or revoke the applicant's or licensee's motor vehicle
522dealer license.
523     b.  Stopped payment on a check payable to the department,
524issued a check payable to the department from an account that
525has been closed, or charged back a credit card transaction to
526the department. If an applicant or licensee commits any such
527act, the department may deny, suspend, or revoke the applicant's
528or licensee's motor vehicle dealer license.
529     5.a.  Failed to provide payment in the amount of tuition
530due plus any statutorily authorized fee within 10 business days
531to a licensed motor vehicle dealer training school for a check
532payable to the school that was dishonored due to insufficient
533funds in the amount of tuition due plus any statutorily
534authorized fee for uttering a worthless check. A licensed motor
535vehicle dealer training school shall notify a student when the
536student makes payment to the school by a check that is
537subsequently dishonored by the bank due to insufficient funds.
538The student shall, within 10 business days after receiving the
539notice, provide payment to the school in a manner designated by
540the school in the amount of tuition due plus any statutorily
541authorized fee. If the student fails to make such payment within
54210 business days, the motor vehicle dealer training school may
543cancel the training certificate issued to the student and notify
544the department of the cancellation of the training certificate.
545     b.  Stopped payment on a check payable to a licensed motor
546vehicle dealer training school, issued a check payable to a
547licensed motor vehicle dealer training school from an account
548that has been closed, or charged back a credit card transaction
549to a licensed motor vehicle dealer training school. If a student
550commits any such act, the motor vehicle dealer training school
551may cancel the training certificate issued to the student and
552notify the department of the cancellation of the training
553certificate.
554     Section 10.  Subsection (4) of section 322.0261, Florida
555Statutes, is amended to read:
556     322.0261  Driver improvement course; requirement to
557maintain driving privileges; failure to complete; department
558approval of course.-
559     (4)  The department shall identify any operator convicted
560of, or who pleaded nolo contendere to, a violation of s.
561316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
562316.192 and, unless the court has withheld adjudication, shall
563require that operator, in addition to other applicable
564penalties, to attend a department-approved driver improvement
565course in order to maintain driving privileges. If the operator
566fails to complete the course within 90 days after receiving
567notice from the department, the operator's driver license shall
568be canceled by the department until the course is successfully
569completed.
570     Section 11.  This act shall take effect July 1, 2010.


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