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.
37319.241, F.S.; revising provisions relating to an
38application for the removal of a lien from the files of
39the department or from the certificate of title;
40authorizing the department to remove the lien from its
41files within a specified period after receiving an
42application for a derelict motor vehicle certificate and
43notification to the lienholder, unless a written statement
44protesting such removal is received; amending s. 319.30,
45F.S.; revising definitions; revising requirements for
46disposition of a motor vehicle, recreational vehicle, or
47mobile home that is sold, transported, or delivered to a
48salvage motor vehicle dealer or a secondary metals
49recycler; requiring certificates of title to conform to
50specified provisions; providing for the dealer or recycler
51to apply to the department for a derelict motor vehicle
52certificate if the certificate of title, salvage
53certificate of title, or certificate of destruction is not
54available; requiring the derelict motor vehicle
55certificate application to be completed by the seller or
56owner of the motor vehicle or mobile home, the seller's or
57owner's authorized transporter, or the dealer or recycler;
58requiring certain identification information be included
59with the application; revising the types of documentation
60that a secondary metals recycler must obtain; permitting
61recyclers to obtain salvage certificates of title from
62sellers or owners as a valid method of documentation;
63providing that a person engaged in the business of
64recovering, towing, or storing vehicles may not claim
65certain liens, claim that certain vehicles have remained
66on any premises after tenancy has terminated, or use the
67derelict motor vehicle certificate application to
68transport, sell, or dispose of a motor vehicle at a
69salvage motor vehicle dealer or secondary metals recycler
70without otherwise obtaining title to the vehicle or a
71certificate of destruction; requiring that the department
72accept all properly endorsed and completed derelict motor
73vehicle certificate applications and issue such
74certification having an effective date that authorizes
75when the vehicle is eligible for dismantling or
76destruction; requiring that such electronic information be
77stored and made available to authorized persons; requiring
78that all licensed salvage motor vehicle dealers or
79registered secondary metals recyclers make all payments
80for the purchase of any derelict motor vehicle that is
81sold by a seller who is not the owner of record by check
82or money order; amending s. 320.02, F.S.; directing the
83department to place the name of the owner of a motor
84vehicle on the list of persons who may not be issued a
85license plate or revalidation sticker if that person is on
86a list submitted to the department by a licensed dealer;
87amending s. 320.27, F.S.; clarifying an exemption from
88certain dealer prelicensing requirements; removing a
89requirement for evaluation of privatized applicant
90training methods; authorizing dealer records to be kept in
91either paper or electronic form; providing procedures for
92transfer of documents to electronic form; authorizing the
93department to deny, suspend, or revoke a dealer's license
94for certain actions relating to payments made to the
95department; amending s. 322.0261, F.S.; revising
96provisions requiring persons who were convicted of or who
97pleaded nolo contendere to specified traffic infractions
98to attend a driver improvement course; providing that the
99department shall not require a person to attend a driver
100improvement course for specified traffic violations when
101adjudication has been withheld by the court in certain
102circumstances; requiring the department to send notice of
103a requirement to attend a driver improvement course within
104a certain time period after receiving a report of an
105adjudication; amending s. 627.7295, F.S.; revising
106application of certain provisions relating to motor
107vehicle insurance contracts; providing an effective date.
108
109Be It Enacted by the Legislature of the State of Florida:
110
111     Section 1.  Subsection (9) of section 261.03, Florida
112Statutes, is amended to read:
113     261.03  Definitions.-As used in this chapter, the term:
114     (9)  "ROV" means any motorized recreational off-highway
115vehicle 64 60 inches or less in width, having a dry weight of
1162,000 1,500 pounds or less, designed to travel on four or more
117nonhighway tires, having nonstraddle seating and a steering
118wheel, and manufactured for recreational use by one or more
119persons. The term "ROV" does not include a golf cart as defined
120in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
121defined in s. 320.01(42).
122     Section 2.  Subsection (9) of section 317.0003, Florida
123Statutes, is amended to read:
124     317.0003  Definitions.-As used in this chapter, the term:
125     (9)  "ROV" means any motorized recreational off-highway
126vehicle 64 60 inches or less in width, having a dry weight of
1272,000 1,500 pounds or less, designed to travel on four or more
128nonhighway tires, having nonstraddle seating and a steering
129wheel, and manufactured for recreational use by one or more
130persons. The term "ROV" does not include a golf cart as defined
131in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
132defined in s. 320.01(42).
133     Section 3.  Section 316.1951, Florida Statutes, is amended
134to read:
135     316.1951  Parking for certain purposes prohibited; sale of
136motor vehicles; prohibited acts.-
137     (1)  It is unlawful for any person to park a motor vehicle,
138as defined in s. 320.01, upon a public street or highway, upon a
139public parking lot, or other public property, or upon private
140property where the public has the right to travel by motor
141vehicle, for the principal purpose and intent of displaying the
142motor vehicle thereon for sale, hire, or rental unless the sale,
143hire, or rental of the motor vehicle is specifically authorized
144on such property by municipal or county regulation and the
145person is in compliance with all municipal or county licensing
146regulations.
147     (2)  The provisions of subsection (1) do not prohibit a
148person from parking his or her own motor vehicle or his or her
149other personal property on any private real property which the
150person owns or leases or on private real property which the
151person does not own or lease, but for which he or she obtains
152the permission of the owner, or on the public street immediately
153adjacent thereto, for the principal purpose and intent of sale,
154hire, or rental.
155     (3)  Subsection (1) does not prohibit a licensed motor
156vehicle dealer from displaying for sale or offering for sale
157motor vehicles at locations other than the dealer's licensed
158location if the dealer has been issued a supplemental license
159for off-premises sales, as provided in s. 320.27(5), and has
160complied with the requirements in subsection (1). A vehicle
161displayed for sale by a licensed dealer at any location other
162than the dealer's licensed location is subject to immediate
163removal without warning.
164     (4)  The Department of Highway Safety and Motor Vehicles
165shall adopt by rule a uniform written notice to be used to
166enforce this section. Each law enforcement agency in this state
167shall provide, at each agency's expense, the notice forms
168necessary to enforce this section.
169     (4)(5)  A local government may adopt an ordinance to allow
170the towing of a motor vehicle parked in violation of this
171section. A law enforcement officer, compliance officer, code
172enforcement officer from any local government agency, or
173supervisor of the department may issue a citation and cause to
174be immediately removed at the owner's expense any motor vehicle
175found in violation of subsection (1), except as provided in
176subsections (2) and (3), or in violation of subsection (5),
177subsection (6), subsection (7), or subsection (8), and the owner
178shall be assessed a penalty as provided in s. 318.18(21) by the
179government agency or authority that orders immediate removal of
180the motor vehicle. A motor vehicle removed under this section
181shall not be released from an impound or towing and storage
182facility before a release form prescribed by the department has
183been completed verifying that the fine has been paid to the
184government agency or authority that ordered immediate removal of
185the motor vehicle. However, the owner may pay towing and storage
186charges to the towing and storage facility pursuant to s. 713.78
187before payment of the fine or before the release form has been
188completed which has been parked in one location for more than 24
189hours after a written notice has been issued. Every written
190notice issued pursuant to this section shall be affixed in a
191conspicuous place upon a vehicle by a law enforcement officer,
192compliance officer, or supervisor of the department. Any vehicle
193found in violation of subsection (1) within 30 days after a
194previous violation and written notice is subject to immediate
195removal without an additional waiting period.
196     (5)(6)  It is unlawful to offer a vehicle for sale if the
197vehicle identification number has been destroyed, removed,
198covered, altered, or defaced, as described in s. 319.33(1)(d). A
199vehicle found in violation of this subsection is subject to
200immediate removal without warning.
201     (6)(7)  It is unlawful to knowingly attach to any motor
202vehicle a registration that was not assigned or lawfully
203transferred to the vehicle pursuant to s. 320.261. A vehicle
204found in violation of this subsection is subject to immediate
205removal without warning.
206     (7)(8)  It is unlawful to display or offer for sale a
207vehicle that does not have a valid registration as provided in
208s. 320.02. A vehicle found in violation of this subsection is
209subject to immediate removal without warning. This subsection
210does not apply to vehicles and recreational vehicles being
211offered for sale through motor vehicle auctions as defined in s.
212320.27(1)(c)4.
213     (8)(9)  A vehicle is subject to immediate removal without
214warning if it bears a telephone number that has been displayed
215on three or more vehicles offered for sale within a 12-month
216period.
217     (9)(10)  Any other provision of law to the contrary
218notwithstanding, a violation of subsection (1), subsection (5),
219subsection (6), subsection (7), or subsection (8) shall subject
220the owner of such motor vehicle to towing fees reasonably
221necessitated by removal and storage of the motor vehicle and a
222fine as required by s. 318.18.
223     (10)(11)  This section does not prohibit the governing body
224of a municipality or county, with respect to streets, highways,
225or other property under its jurisdiction, from regulating the
226parking of motor vehicles for any purpose.
227     (11)(12)  A violation of this section is a noncriminal
228traffic infraction, punishable as a nonmoving violation as
229provided in chapter 318, unless otherwise mandated by general
230law.
231     Section 4.  Subsection (9) of section 318.14, Florida
232Statutes, is amended to read:
233     318.14  Noncriminal traffic infractions; exception;
234procedures.-
235     (9)  Any person who does not hold a commercial driver's
236license and who is cited for an infraction under this section
237other than a violation of s. 316.183(2), s. 316.187, or s.
238316.189 when the driver exceeds the posted limit by 30 miles per
239hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
240s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
241appearance, elect to attend in the location of his or her choice
242within this state a basic driver improvement course approved by
243the Department of Highway Safety and Motor Vehicles. In such a
244case, adjudication must be withheld and points, as provided by
245s. 322.27, may not be assessed. However, a person may not make
246an election under this subsection if the person has made an
247election under this subsection in the preceding 12 months. A
248person may make no more than five elections within his or her
249lifetime 10 years under this subsection. The requirement for
250community service under s. 318.18(8) is not waived by a plea of
251nolo contendere or by the withholding of adjudication of guilt
252by a court. If a person makes an election to attend a basic
253driver improvement course under this subsection, 18 percent of
254the civil penalty imposed under s. 318.18(3) shall be deposited
255in the State Courts Revenue Trust Fund; however, that portion is
256not revenue for purposes of s. 28.36 and may not be used in
257establishing the budget of the clerk of the court under that
258section or s. 28.35.
259     Section 5.  Subsection (21) is added to section 318.18,
260Florida Statutes, to read:
261     318.18  Amount of penalties.-The penalties required for a
262noncriminal disposition pursuant to s. 318.14 or a criminal
263offense listed in s. 318.17 are as follows:
264     (21)  One hundred dollars for a violation of s. 316.1951
265for a vehicle that is unlawfully displayed for sale, hire, or
266rental. Notwithstanding any other law to the contrary, fines
267collected under this subsection shall be retained by the
268governing authority that authorized towing of the vehicle. Fines
269collected by the department shall be deposited into the Highway
270Safety Operating Trust Fund.
271     Section 6.  Paragraphs (a) and (b) of subsection (6) of
272section 319.225, Florida Statutes, are amended to read:
273     319.225  Transfer and reassignment forms; odometer
274disclosure statements.-
275     (6)(a)  If the certificate of title is physically held by a
276lienholder, the transferor may give a power of attorney to his
277or her transferee for the purpose of odometer disclosure. The
278power of attorney must be on a form issued or authorized by the
279department, which form must be in compliance with 49 C.F.R. ss.
280580.4 and 580.13. The department shall not require the signature
281of the transferor to be notarized on the form; however, in lieu
282of notarization, the form shall include an affidavit with the
283following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
284HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
285ARE TRUE. The transferee shall sign the power of attorney form,
286print his or her name, and return a copy of the power of
287attorney form to the transferor. Upon receipt of a title
288certificate, the transferee shall complete the space for mileage
289disclosure on the title certificate exactly as the mileage was
290disclosed by the transferor on the power of attorney form. If
291the transferee is a licensed motor vehicle dealer who is
292transferring the vehicle to a retail purchaser, the dealer shall
293make application on behalf of the retail purchaser as provided
294in s. 319.23(6) and shall submit the original power of attorney
295form to the department with the application for title and the
296transferor's title certificate; otherwise, a dealer may reassign
297the title certificate by using the dealer reassignment form in
298the manner prescribed in subsection (3), and, at the time of
299physical transfer of the vehicle, the original power of attorney
300shall be delivered to the person designated as the transferee of
301the dealer on the dealer reassignment form. A copy of the
302executed power of attorney shall be submitted to the department
303with a copy of the executed dealer reassignment form within 5
304business days after the certificate of title and dealer
305reassignment form are delivered by the dealer to its transferee.
306     (b)  If the certificate of title is lost or otherwise
307unavailable, the transferor may give a power of attorney to his
308or her transferee for the purpose of odometer disclosure. The
309power of attorney must be on a form issued or authorized by the
310department, which form must be in compliance with 49 C.F.R. ss.
311580.4 and 580.13. The department shall not require the signature
312of the transferor to be notarized on the form; however, in lieu
313of notarization, the form shall include an affidavit with the
314following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
315HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
316ARE TRUE. The transferee shall sign the power of attorney form,
317print his or her name, and return a copy of the power of
318attorney form to the transferor. Upon receipt of the title
319certificate or a duplicate title certificate, the transferee
320shall complete the space for mileage disclosure on the title
321certificate exactly as the mileage was disclosed by the
322transferor on the power of attorney form. If the transferee is a
323licensed motor vehicle dealer who is transferring the vehicle to
324a retail purchaser, the dealer shall make application on behalf
325of the retail purchaser as provided in s. 319.23(6) and shall
326submit the original power of attorney form to the department
327with the application for title and the transferor's title
328certificate or duplicate title certificate; otherwise, a dealer
329may reassign the title certificate by using the dealer
330reassignment form in the manner prescribed in subsection (3),
331and, at the time of physical transfer of the vehicle, the
332original power of attorney shall be delivered to the person
333designated as the transferee of the dealer on the dealer
334reassignment form. A copy of the executed power of attorney
335shall be submitted to the department with a copy of the executed
336dealer reassignment form within 5 business days after the
337duplicate certificate of title and dealer reassignment form are
338delivered by the dealer to its transferee.
339     Section 7.  Subsection (6) of section 319.23, Florida
340Statutes, is amended to read:
341     319.23  Application for, and issuance of, certificate of
342title.-
343     (6)(a)  In the case of the sale of a motor vehicle or
344mobile home by a licensed dealer to a general purchaser, the
345certificate of title must be obtained in the name of the
346purchaser by the dealer upon application signed by the
347purchaser, and in each other case such certificate must be
348obtained by the purchaser. In each case of transfer of a motor
349vehicle or mobile home, the application for a certificate of
350title, a or corrected certificate, or an assignment or
351reassignment, must be filed within 30 days after from the
352delivery of the motor vehicle or mobile home to the purchaser.
353An applicant must pay a fee of $20, in addition to all other
354fees and penalties required by law, for failing to file such
355application within the specified time. In the case of the sale
356of a motor vehicle by a licensed motor vehicle dealer to a
357general purchaser who resides in another state or country, the
358dealer is not required to apply for a certificate of title for
359the motor vehicle; however, the dealer must transfer ownership
360and reassign the certificate of title or manufacturer's
361certificate of origin to the purchaser, and the purchaser must
362sign an affidavit, as approved by the department, that the
363purchaser will title and register the motor vehicle in another
364state or country.
365     (b)  If a licensed dealer acquires a motor vehicle or
366mobile home as a trade-in, the dealer must file with the
367department, within 30 days, a notice of sale signed by the
368seller. The department shall update its database for that title
369record to indicate "sold." A licensed dealer need not apply for
370a certificate of title for any motor vehicle or mobile home in
371stock acquired for stock purposes except as provided in s.
372319.225.
373     Section 8.  Section 319.241, Florida Statutes, is amended
374to read:
375     319.241  Removal of lien from records.-The owner of a motor
376vehicle or mobile home upon which a lien has been filed with the
377department or noted upon a certificate of title for a period of
3785 years may apply to the department in writing for such lien to
379be removed from the department files or from the certificate of
380title. The application shall be accompanied by evidence
381satisfactory to the department that the applicant has notified
382the lienholder by certified mail, not less than 20 days prior to
383the date of the application, of his or her intention to apply to
384the department for removal of the lien. Ten days after receipt
385of the application, the department may remove the lien from its
386files or from the certificate of title, as the case may be, if
387no statement in writing protesting removal of the lien is
388received by the department from the lienholder within the 10-day
389period. If, however, the lienholder files with the department
390within the 10-day period a written statement that the lien is
391still outstanding, the department shall not remove the lien
392until the lienholder presents a satisfaction of lien to the
393department. Ten days after the receipt of an application for a
394derelict motor vehicle certificate and notification to the
395lienholder, the department may remove the lien from the derelict
396motor vehicle record if a written statement protesting removal
397of the lien is not received by the department from the
398lienholder within the 10-day period.
399     Section 9.  Subsections (1) and (2), paragraph (b) of
400subsection (3), paragraph (a) of subsection (7), and subsection
401(8) of section 319.30, Florida Statutes, are amended to read:
402     319.30  Definitions; dismantling, destruction, change of
403identity of motor vehicle or mobile home; salvage.-
404     (1)  As used in this section, the term:
405     (a)  "Certificate of destruction" means the certificate
406issued pursuant to s. 713.78(11) or s. 713.785(7)(a).
407     (b)  "Certificate of registration number" means the
408certificate of registration number issued by the Department of
409Revenue of the State of Florida pursuant to s. 538.25.
410     (c)  "Certificate of title" means a record that serves as
411evidence of ownership of a vehicle, whether such record is a
412paper certificate authorized by the department or by a motor
413vehicle department authorized to issue titles in another state
414or a certificate consisting of information stored in electronic
415form in the department's database.
416     (d)  "Derelict" means any material which is or may have
417been a motor vehicle or mobile home, which is not a major part
418or major component part, which is inoperable, and which is in
419such condition that its highest or primary value is in its sale
420or transfer as scrap metal.
421     (e)  "Derelict motor vehicle" means:
422     1.  Any motor vehicle as defined in s. 320.01(1) or mobile
423home as defined in s. 320.01(2), with or without all parts,
424major parts, or major component parts, which is valued under
425$1,000, is at least 10 model years old, beginning with the model
426year of the vehicle as year one, and is in such condition that
427its highest or primary value is for sale, transport, or delivery
428to a licensed salvage motor vehicle dealer or registered
429secondary metals recycler for dismantling its component parts or
430conversion to scrap metal; or
431     2.  Any trailer as defined in s. 320.01(1), with or without
432all parts, major parts, or major component parts, which is
433valued under $5,000, is at least 10 model years old, beginning
434with the model year of the vehicle as year one, and is in such
435condition that its highest or primary value is for sale,
436transport, or delivery to a licensed salvage motor vehicle
437dealer or registered secondary metals recycler for conversion to
438scrap metal.
439     (f)  "Derelict motor vehicle certificate" means a
440certificate issued by the department which serves as evidence
441that a derelict motor vehicle will be dismantled or converted to
442scrap metal. This certificate may be obtained by completing a
443derelict motor vehicle certificate application authorized by the
444department completed by the derelict motor vehicle owner, the
445owner's authorized transporter when different from the owner,
446and the licensed salvage motor vehicle dealer or the registered
447secondary metals recycler and submitted to the department for
448cancellation of the title record of the derelict motor vehicle.
449A derelict motor vehicle certificate may be reassigned only one
450time if the derelict motor vehicle certificate was completed by
451a licensed salvage motor vehicle dealer and the derelict motor
452vehicle was sold to another licensed salvage motor vehicle
453dealer or a secondary metals recycler.
454     (g)  "Junk" means any material which is or may have been a
455motor vehicle or mobile home, with or without all component
456parts, which is inoperable and which material is in such
457condition that its highest or primary value is either in its
458sale or transfer as scrap metal or for its component parts, or a
459combination of the two, except when sold or delivered to or when
460purchased, possessed, or received by a secondary metals recycler
461or salvage motor vehicle dealer.
462     (h)  "Major component parts" means:
463     1.  For motor vehicles other than motorcycles, any fender
464the front-end assembly (fenders, hood, grill, and bumper), cowl
465assembly, rear body section (both quarter panel panels, trunk
466lid, door, decklid, and bumper), floor pan, door assemblies,
467engine, frame, transmission, catalytic converter, or and airbag.
468     2.  For trucks, in addition to those parts listed in
469subparagraph 1., any truck bed, including dump, wrecker, crane,
470mixer, cargo box, or any bed which mounts to a truck frame.
471     3.  For motorcycles, the body assembly, frame, fenders, gas
472tanks, engine, cylinder block, heads, engine case, crank case,
473transmission, drive train, front fork assembly, and wheels.
474     4.  For mobile homes, the frame.
475     (i)  "Major part" means the front-end assembly, cowl
476assembly, or rear body section.
477     (j)  "Materials" means motor vehicles, derelicts, and major
478parts that are not prepared materials.
479     (k)  "Mobile home" means mobile home as defined in s.
480320.01(2).
481     (l)  "Motor vehicle" means motor vehicle as defined in s.
482320.01(1).
483     (m)  "Parts" means parts of motor vehicles or combinations
484thereof that do not constitute materials or prepared materials.
485     (n)  "Personal identification card" means personal
486identification card as defined in s. 538.18(5).
487     (n)(o)  "Prepared materials" means motor vehicles, mobile
488homes, derelict motor vehicles, major parts, or parts that have
489been processed by mechanically flattening or crushing, or
490otherwise processed such that they are not the motor vehicle or
491mobile home described in the certificate of title, or their only
492value is as scrap metal.
493     (o)(p)  "Processing" means the business of performing the
494manufacturing process by which ferrous metals or nonferrous
495metals are converted into raw material products consisting of
496prepared grades and having an existing or potential economic
497value, or the purchase of materials, prepared materials, or
498parts therefor.
499     (p)(q)  "Recreational vehicle" means a motor vehicle as
500defined in s. 320.01(1).
501     (q)(r)  "Salvage" means a motor vehicle or mobile home
502which is a total loss as defined in paragraph (3)(a).
503     (r)(s)  "Salvage certificate of title" means a salvage
504certificate of title issued by the department or by another
505motor vehicle department authorized to issue titles in another
506state.
507     (s)(t)  "Salvage motor vehicle dealer" means salvage motor
508vehicle dealer as defined in s. 320.27(1)(c)5.
509     (t)(u)  "Secondary metals recycler" means secondary metals
510recycler as defined in s. 538.18(8).
511     (u)  "Seller" means the owner of record or a person who has
512physical possession and responsibility for a derelict motor
513vehicle and attests that possession of the vehicle was obtained
514through lawful means along with all ownership rights. A seller
515does not include a towing company, repair shop, or landlord
516unless the towing company, repair shop, or landlord has obtained
517title, salvage title, or a certificate of destruction in the
518name of the towing company, repair shop, or landlord.
519     (2)(a)  Each person mentioned as owner in the last issued
520certificate of title, when such motor vehicle or mobile home is
521dismantled, destroyed, or changed in such manner that it is not
522the motor vehicle or mobile home described in the certificate of
523title, shall surrender his or her certificate of title to the
524department, and thereupon the department shall, with the consent
525of any lienholders noted thereon, enter a cancellation upon its
526records. Upon cancellation of a certificate of title in the
527manner prescribed by this section, the department may cancel and
528destroy all certificates in that chain of title. Any person who
529knowingly willfully and deliberately violates this paragraph
530commits a misdemeanor of the second degree, punishable as
531provided in s. 775.082 or s. 775.083.
532     (b)1.  When a motor vehicle, recreational vehicle, or
533mobile home is sold, transported, or delivered to, or received
534by a salvage motor vehicle dealer, it shall be accompanied by:
535     a.  A valid certificate of title issued in the name of the
536seller or properly endorsed, as required in s. 319.22, over to
537the seller;
538     b.  A valid salvage certificate of title issued in the name
539of the seller or properly endorsed, as required in s. 319.22,
540over to the seller; or
541     c.  A valid certificate of destruction issued in the name
542of the seller or properly endorsed over to the seller.
543     2.  Any person who knowingly willfully and deliberately
544violates this paragraph by selling, transporting, delivering,
545purchasing, or receiving a motor vehicle, recreational vehicle,
546or mobile home without obtaining a properly endorsed certificate
547of title, salvage certificate of title, or certificate of
548destruction from the owner commits a felony of the third degree,
549punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
550     (c)1.  When a derelict motor vehicle is sold, transported,
551or delivered to a licensed salvage motor vehicle dealer, the
552purchaser shall record the date of purchase and the name,
553address, and valid Florida driver's license number or valid
554Florida identification card number, or a valid driver's license
555number or identification card number issued by another state,
556personal identification card number of the person selling the
557derelict motor vehicle, and it shall be accompanied by:
558     a.  A valid certificate of title issued in the name of the
559seller or properly endorsed over to the seller;
560     b.  A valid salvage certificate of title issued in the name
561of the seller or properly endorsed over to the seller; or
562     c.  A valid certificate of destruction issued in the name
563of the seller or properly endorsed over to the seller.
564     2.  If a valid the certificate of title, salvage
565certificate of title, or certificate of destruction is not
566available, a derelict motor vehicle certificate application
567shall be completed by the seller or owner of the motor vehicle
568or mobile home, the seller's or owner's authorized transporter,
569and the licensed salvage motor vehicle dealer at the time of
570sale, transport, or delivery to the licensed salvage motor
571vehicle dealer. The derelict motor vehicle certificate
572application shall be used by the seller or owner, the seller's
573or owner's authorized transporter, and the licensed salvage
574motor vehicle dealer to obtain a derelict motor vehicle
575certificate from the department. The derelict motor vehicle
576certificate application must be accompanied by a legible copy of
577the seller's or owner's valid Florida driver's license or
578Florida identification card, or a valid driver's license or
579identification card issued by another state. If the seller is
580not the owner of record of the vehicle being sold, the dealer
581shall, at the time of sale, ensure that a smudge-free right
582thumbprint, or other digit if the seller has no right thumb, of
583the seller is imprinted upon the derelict motor vehicle
584certificate application and that a legible copy of the seller's
585driver's license or identification card is affixed to the
586application and transmitted to the department. The licensed
587salvage motor vehicle dealer shall secure the derelict motor
588vehicle or mobile home for 3 full business days, excluding
589weekends and holidays, if there is no active lien or a lien of 3
590years or more on the department's records before destroying or
591dismantling the derelict motor vehicle and shall follow all
592reporting procedures established by the department, including
593electronic notification to the department or delivery of the
594original derelict motor vehicle certificate application to an
595agent of the department within 24 hours after receiving the
596derelict motor vehicle. If there is an active lien of less than
5973 years on the derelict motor vehicle, the licensed salvage
598motor vehicle dealer shall secure the derelict motor vehicle for
59910 days. The department shall notify the lienholder that a
600derelict motor vehicle certificate has been issued and shall
601notify the lienholder of its intention to remove the lien. Ten
602days after receipt of the motor vehicle derelict certificate
603application, the department may remove the lien from its records
604if a written statement protesting removal of the lien is not
605received by the department from the lienholder within the 10-day
606period. However, if the lienholder files with the department and
607the licensed salvage motor vehicle dealer within the 10-day
608period a written statement that the lien is still outstanding,
609the department shall not remove the lien and shall place an
610administrative hold on the record for 30 days to allow the
611lienholder to apply for title to the vehicle or a repossession
612certificate under s. 319.28. The licensed salvage motor vehicle
613dealer must secure the derelict motor vehicle until the
614department's administrative stop is removed, the lienholder
615submits a lien satisfaction, or the lienholder takes possession
616of the vehicle.
617     3.  Any person who knowingly willfully and deliberately
618violates this paragraph by selling, transporting, delivering,
619purchasing, or receiving a derelict motor vehicle without
620obtaining a certificate of title, salvage certificate of title,
621certificate of destruction, or derelict motor vehicle
622certificate application; enters false or fictitious information
623on a derelict motor vehicle certificate application; does not
624complete the derelict motor vehicle certificate application as
625required; does not obtain a legible copy of the seller's or
626owner's valid driver's license or identification card when
627required; or does not make the required notification to the
628department; or destroys or dismantles a derelict motor vehicle
629without waiting the required time as set forth in subparagraph
6302. 3 full business days commits a felony of the third degree,
631punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
632     (3)
633     (b)  The owner, including persons who are self-insured, of
634any motor vehicle or mobile home which is considered to be
635salvage shall, within 72 hours after the motor vehicle or mobile
636home becomes salvage, forward the title to the motor vehicle or
637mobile home to the department for processing. However, an
638insurance company which pays money as compensation for total
639loss of a motor vehicle or mobile home shall obtain the
640certificate of title for the motor vehicle or mobile home and,
641within 72 hours after receiving such certificate of title, shall
642forward such title to the department for processing. The owner
643or insurance company, as the case may be, may not dispose of a
644vehicle or mobile home that is a total loss before it has
645obtained a salvage certificate of title or certificate of
646destruction from the department. When applying for a salvage
647certificate of title or certificate of destruction, the owner or
648insurance company must provide the department with an estimate
649of the costs of repairing the physical and mechanical damage
650suffered by the vehicle for which a salvage certificate of title
651or certificate of destruction is sought. If the estimated costs
652of repairing the physical and mechanical damage to the vehicle
653are equal to 80 percent or more of the current retail cost of
654the vehicle, as established in any official used car or used
655mobile home guide, the department shall declare the vehicle
656unrebuildable and print a certificate of destruction, which
657authorizes the dismantling or destruction of the motor vehicle
658or mobile home described therein. However, if the damaged motor
659vehicle is equipped with custom-lowered floors for wheelchair
660access or a wheelchair lift, the insurance company may, upon
661determining that the vehicle is repairable to a condition that
662is safe for operation on public roads, submit the certificate of
663title to the department for reissuance as a salvage rebuildable
664title and the addition of a title brand of "insurance-declared
665total loss." The certificate of destruction shall be
666reassignable a maximum of two times before dismantling or
667destruction of the vehicle shall be required, and shall
668accompany the motor vehicle or mobile home for which it is
669issued, when such motor vehicle or mobile home is sold for such
670purposes, in lieu of a certificate of title, and, thereafter,
671the department shall refuse issuance of any certificate of title
672for that vehicle. Nothing in this subsection shall be applicable
673when a vehicle is worth less than $1,500 retail in undamaged
674condition in any official used motor vehicle guide or used
675mobile home guide or when a stolen motor vehicle or mobile home
676is recovered in substantially intact condition and is readily
677resalable without extensive repairs to or replacement of the
678frame or engine. Any person who knowingly willfully and
679deliberately violates this paragraph or falsifies any document
680to avoid the requirements of this paragraph commits a
681misdemeanor of the first degree, punishable as provided in s.
682775.082 or s. 775.083.
683     (7)(a)  In the event of a purchase by a secondary metals
684recycler, that has been issued a certificate of registration
685number, of:
686     1.  Materials, prepared materials, or parts from any seller
687for purposes other than the processing of such materials,
688prepared materials, or parts, the purchaser shall obtain such
689documentation as may be required by this section and shall
690record the seller's name and address, date of purchase, and the
691personal identification card number of the person delivering
692such items.
693     2.  Parts or prepared materials from any seller for
694purposes of the processing of such parts or prepared materials,
695the purchaser shall record the seller's name and address and
696date of purchase and, in the event of a purchase transaction
697consisting primarily of parts or prepared materials, the
698personal identification card number of the person delivering
699such items.
700     3.  Materials from another secondary metals recycler for
701purposes of the processing of such materials, the purchaser
702shall record the seller's name and address and date of purchase.
703     4.a.  Motor vehicles, recreational vehicles, mobile homes,
704or derelict motor vehicles from other than a secondary metals
705recycler for purposes of the processing of such motor vehicles,
706recreational vehicles, mobile homes, or derelict motor vehicles,
707the purchaser shall record the date of purchase and the name,
708address, and personal identification card number of the person
709selling such items and shall obtain the following documentation
710from the seller with respect to each item purchased:
711     (I)  A valid certificate of title issued in the name of the
712seller or properly endorsed, as required in s. 319.22, over to
713the seller;
714     (II)  A valid salvage certificate of title issued in the
715name of the seller or properly endorsed, as required in s.
716319.22, over to the seller;
717     (III)(II)  A valid certificate of destruction issued in the
718name of the seller or properly endorsed over to the seller; or
719     (IV)(III)  A valid derelict motor vehicle certificate
720obtained from the department completed by a licensed salvage
721motor vehicle dealer and properly reassigned to the secondary
722metals recycler.
723     b.  If a valid certificate of title, salvage certificate of
724title, certificate of destruction, or derelict motor vehicle
725certificate is not available and the motor vehicle or mobile
726home is a derelict motor vehicle, a derelict motor vehicle
727certificate application shall be completed by the seller or
728owner of the motor vehicle or mobile home, the seller's or
729owner's authorized transporter, and the registered secondary
730metals recycler at the time of sale, transport, or delivery to
731the registered secondary metals recycler to obtain a derelict
732motor vehicle certificate from the department. The derelict
733motor vehicle certificate application must be accompanied by a
734legible copy of the seller's or owner's valid Florida driver's
735license or Florida identification card, or a valid driver's
736license or identification card from another state. If the seller
737is not the owner of record of the vehicle being sold, the
738recycler shall, at the time of sale, ensure that a smudge-free
739right thumbprint, or other digit if the seller has no right
740thumb, of the seller is imprinted upon the derelict motor
741vehicle certificate application and that the legible copy of the
742seller's driver's license or identification card is affixed to
743the application and transmitted to the department. The derelict
744motor vehicle certificate shall be used by the owner, the
745owner's authorized transporter, and the registered secondary
746metals recycler. The registered secondary metals recycler shall
747secure the derelict motor vehicle for 3 full business days,
748excluding weekends and holidays, if there is no active lien or a
749lien of 3 years or more on the department's records before
750destroying or dismantling the derelict motor vehicle and shall
751follow all reporting procedures established by the department,
752including electronic notification to the department or delivery
753of the original derelict motor vehicle certificate application
754to an agent of the department within 24 hours after receiving
755the derelict motor vehicle. If there is an active lien of less
756than 3 years on the derelict motor vehicle, the registered
757secondary metals recycler shall secure the derelict motor
758vehicle for 10 days. The department shall notify the lienholder
759of the application for a derelict motor vehicle certificate and
760shall notify the lienholder of its intention to remove the lien.
761Ten days after receipt of the motor vehicle derelict
762application, the department may remove the lien from its records
763if a written statement protesting removal of the lien is not
764received by the department from the lienholder within the 10-day
765period. However, if the lienholder files with the department and
766the registered secondary metals recycler within the 10-day
767period a written statement that the lien is still outstanding,
768the department shall not remove the lien and shall place an
769administrative hold on the record for 30 days to allow the
770lienholder to apply for title to the vehicle or a repossession
771certificate under s. 319.28. The registered secondary metals
772recycler must secure the derelict motor vehicle until the
773department's administrative stop is removed, the lienholder
774submits a lien satisfaction, or the lienholder takes possession
775of the vehicle.
776     c.  Any person who knowingly willfully and deliberately
777violates this subparagraph by selling, transporting, delivering,
778purchasing, or receiving a motor vehicle, recreational motor
779vehicle, mobile home, or derelict motor vehicle without
780obtaining a certificate of title, salvage certificate of title,
781certificate of destruction, or derelict motor vehicle
782certificate; enters false or fictitious information on a
783derelict motor vehicle certificate application; does not
784complete the derelict motor vehicle certificate application as
785required or does not make the required notification to the
786department; does not obtain a legible copy of the seller's or
787owner's driver's license or identification card when required;
788or destroys or dismantles a derelict motor vehicle without
789waiting the required time as set forth in sub-subparagraph b. 3
790full business days commits a felony of the third degree,
791punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
792     5.  Major parts from other than a secondary metals recycler
793for purposes of the processing of such major parts, the
794purchaser shall record the seller's name, address, date of
795purchase, and the personal identification card number of the
796person delivering such items, as well as the vehicle
797identification number, if available, of each major part
798purchased.
799     (8)(a)  Secondary metals recyclers and salvage motor
800vehicle dealers shall return to the department on a monthly
801basis all certificates of title and salvage certificates of
802title that are required by this section to be obtained.
803Secondary metals recyclers and salvage motor vehicle dealers may
804elect to notify the department electronically through procedures
805established by the department when they receive each motor
806vehicle or mobile home, salvage motor vehicle or mobile home, or
807derelict motor vehicle with a certificate of title or salvage
808certificate of title through procedures established by the
809department. The department may adopt rules and establish fees as
810it deems necessary or proper for the administration of the
811electronic notification service.
812     (b)  Secondary metals recyclers and salvage motor vehicle
813dealers shall keep originals, or a copy in the event the
814original was returned to the department, of all certificates of
815title, salvage certificates of title, certificates of
816destruction, derelict motor vehicle certificates, and all other
817information required by this section to be recorded or obtained,
818on file in the offices of such secondary metals recyclers or
819salvage motor vehicle dealers for a period of 3 years after the
820date of purchase of the items reflected in such certificates of
821title, salvage certificates of title, certificates of
822destruction, or derelict motor vehicle certificates. These
823records shall be maintained in chronological order.
824     (c)  For the purpose of enforcement of this section, the
825department or its agents and employees have the same right of
826inspection as law enforcement officers as provided in s.
827812.055.
828     (d)  Whenever the department, its agent or employee, or any
829law enforcement officer has reason to believe that a stolen or
830fraudulently titled motor vehicle, mobile home, recreational
831vehicle, salvage motor vehicle, or derelict motor vehicle is in
832the possession of a salvage motor vehicle dealer or secondary
833metals recycler, the department, its agent or employee, or the
834law enforcement officer may issue an extended a hold notice, not
835to exceed 5 additional business days, excluding weekends and
836holidays, to the salvage motor vehicle dealer or registered
837secondary metals recycler.
838     (e)  Whenever a salvage motor vehicle dealer or registered
839secondary metals recycler is notified by the department, its
840agent or employee, or any law enforcement officer to hold a
841motor vehicle, mobile home, recreational vehicle, salvage motor
842vehicle, or derelict motor vehicle that is believed to be stolen
843or fraudulently titled, the salvage motor vehicle dealer or
844registered secondary metals recycler shall hold the motor
845vehicle, mobile home, recreational vehicle, salvage motor
846vehicle, or derelict motor vehicle and may not dismantle or
847destroy the motor vehicle, mobile home, recreational vehicle,
848salvage motor vehicle, or derelict motor vehicle until it is
849recovered by a law enforcement officer, the hold is released by
850the department or the law enforcement officer placing the hold,
851or the 5 additional business working days have passed since
852being notified of the hold.
853     (f)  This section does not authorize any person who is
854engaged in the business of recovering, towing, or storing
855vehicles pursuant to s. 713.78, and who is claiming a lien for
856performing labor or services on a motor vehicle or mobile home
857pursuant to s. 713.58, or is claiming that a motor vehicle or
858mobile home has remained on any premises after tenancy has
859terminated pursuant to s. 715.104, to use a derelict motor
860vehicle certificate application for the purpose of transporting,
861selling, disposing, or delivering a motor vehicle to a salvage
862motor vehicle dealer or secondary metals recycler without
863obtaining the title or certificate of destruction required under
864s. 713.58, s. 713.78, or s. 715.104.
865     (g)  The department shall accept all properly endorsed and
866completed derelict motor vehicle certificate applications and
867shall issue a derelict motor vehicle certificate having an
868effective date that authorizes when a derelict motor vehicle is
869eligible for dismantling or destruction. The electronic
870information obtained from the derelict motor vehicle certificate
871application shall be stored electronically and shall be made
872available to authorized persons after issuance of the derelict
873motor vehicle certificate in the Florida Real Time Vehicle
874Information System.
875     (h)(f)  The department is authorized to adopt rules
876pursuant to ss. 120.536(1) and 120.54 establishing policies and
877procedures to administer and enforce this section.
878     (i)(g)  The department shall charge a fee of $3 for each
879derelict motor vehicle certificate delivered to the department
880or one of its agents for processing and shall mark the title
881record canceled. A service charge may be collected under s.
882320.04.
883     (j)  The licensed salvage motor vehicle dealer or
884registered secondary metals recycler shall make all payments for
885the purchase of any derelict motor vehicle that is sold by a
886seller who is not the owner of record on file with the
887department by check or money order made payable to the seller
888and may not make payment to the authorized transporter. The
889licensed salvage motor vehicle dealer or registered secondary
890metals recycler may not cash the check that such dealer or
891recycler issued to the seller.
892     Section 10.  Subsection (16) of section 320.02, Florida
893Statutes, is amended to read:
894     320.02  Registration required; application for
895registration; forms.-
896     (16)  The department is authorized to withhold registration
897or re-registration of a motor vehicle if the name of the owner
898or of a coowner appears on a list submitted to the department by
899a licensed motor vehicle dealer for a previous registration of
900that vehicle. The department shall place the name of the
901registered owner of that vehicle on the list of those persons
902who may not be issued a license plate, revalidation sticker, or
903replacement plate for the vehicle purchased from the licensed
904motor vehicle dealer. The motor vehicle dealer must maintain
905signed evidence that the owner or coowner acknowledged the
906dealer's authority to submit the list to the department if he or
907she failed to pay and must note the amount for which the owner
908or coowner would be responsible for the vehicle registration.
909The dealer must maintain the necessary documentation required in
910this subsection or face penalties as provided in s. 320.27. This
911subsection does not affect the issuance of a title to a motor
912vehicle.
913     (a)  The motor vehicle owner or coowner may dispute the
914claim that money is owed to a dealer for registration fees by
915submitting a form to the department if the motor vehicle owner
916or coowner has documentary proof that the registration fees have
917been paid to the dealer for the disputed amount. Without clear
918evidence of the amounts owed for the vehicle registration and
919repayment, the department will assume initial payments are
920applied to government-assessed fees first.
921     (b)  If the registered owner's dispute complies with
922paragraph (a), the department shall immediately remove the motor
923vehicle owner or coowner's name from the list, thereby allowing
924the issuance of a license plate or revalidation sticker.
925     Section 11.  Subsections (4) and (6) and paragraph (a) of
926subsection (9) of section 320.27, Florida Statutes, are amended
927to read:
928     320.27  Motor vehicle dealers.-
929     (4)  LICENSE CERTIFICATE.-
930     (a)  A license certificate shall be issued by the
931department in accordance with such application when the
932application is regular in form and in compliance with the
933provisions of this section. The license certificate may be in
934the form of a document or a computerized card as determined by
935the department. The actual cost of each original, additional, or
936replacement computerized card shall be borne by the licensee and
937is in addition to the fee for licensure. Such license, when so
938issued, entitles the licensee to carry on and conduct the
939business of a motor vehicle dealer. Each license issued to a
940franchise motor vehicle dealer expires annually on December 31
941unless revoked or suspended prior to that date. Each license
942issued to an independent or wholesale dealer or auction expires
943annually on April 30 unless revoked or suspended prior to that
944date. Not less than 60 days prior to the license expiration
945date, the department shall deliver or mail to each licensee the
946necessary renewal forms. Each independent dealer shall certify
947that the dealer (owner, partner, officer, or director of the
948licensee, or a full-time employee of the licensee that holds a
949responsible management-level position) has completed 8 hours of
950continuing education prior to filing the renewal forms with the
951department. Such certification shall be filed once every 2 years
952commencing with the 2006 renewal period. The continuing
953education shall include at least 2 hours of legal or legislative
954issues, 1 hour of department issues, and 5 hours of relevant
955motor vehicle industry topics. Continuing education shall be
956provided by dealer schools licensed under paragraph (b) either
957in a classroom setting or by correspondence. Such schools shall
958provide certificates of completion to the department and the
959customer which shall be filed with the license renewal form, and
960such schools may charge a fee for providing continuing
961education. Any licensee who does not file his or her application
962and fees and any other requisite documents, as required by law,
963with the department at least 30 days prior to the license
964expiration date shall cease to engage in business as a motor
965vehicle dealer on the license expiration date. A renewal filed
966with the department within 45 days after the expiration date
967shall be accompanied by a delinquent fee of $100. Thereafter, a
968new application is required, accompanied by the initial license
969fee. A license certificate duly issued by the department may be
970modified by endorsement to show a change in the name of the
971licensee, provided, as shown by affidavit of the licensee, the
972majority ownership interest of the licensee has not changed or
973the name of the person appearing as franchisee on the sales and
974service agreement has not changed. Modification of a license
975certificate to show any name change as herein provided shall not
976require initial licensure or reissuance of dealer tags; however,
977any dealer obtaining a name change shall transact all business
978in and be properly identified by that name. All documents
979relative to licensure shall reflect the new name. In the case of
980a franchise dealer, the name change shall be approved by the
981manufacturer, distributor, or importer. A licensee applying for
982a name change endorsement shall pay a fee of $25 which fee shall
983apply to the change in the name of a main location and all
984additional locations licensed under the provisions of subsection
985(5). Each initial license application received by the department
986shall be accompanied by verification that, within the preceding
9876 months, the applicant, or one or more of his or her designated
988employees, has attended a training and information seminar
989conducted by a licensed motor vehicle dealer training school.
990Any applicant for a new franchised motor vehicle dealer license
991who has held a valid franchised motor vehicle dealer license
992continuously for the past 2 years and who remains in good
993standing with the department is exempt from the prelicensing
994training requirement. Such seminar shall include, but is not
995limited to, statutory dealer requirements, which requirements
996include required bookkeeping and recordkeeping procedures,
997requirements for the collection of sales and use taxes, and such
998other information that in the opinion of the department will
999promote good business practices. No seminar may exceed 8 hours
1000in length.
1001     (b)  Each initial license application received by the
1002department for licensure under subparagraph (1)(c)2. shall must
1003be accompanied by verification that, within the preceding 6
1004months, the applicant (owner, partner, officer, or director of
1005the applicant, or a full-time employee of the applicant that
1006holds a responsible management-level position) has successfully
1007completed training conducted by a licensed motor vehicle dealer
1008training school. Such training must include training in titling
1009and registration of motor vehicles, laws relating to unfair and
1010deceptive trade practices, laws relating to financing with
1011regard to buy-here, pay-here operations, and such other
1012information that in the opinion of the department will promote
1013good business practices. Successful completion of this training
1014shall be determined by examination administered at the end of
1015the course and attendance of no less than 90 percent of the
1016total hours required by such school. Any applicant who had held
1017a valid motor vehicle dealer's license continuously within the
1018past 2 years and who remains in good standing with the
1019department is exempt from the prelicensing requirements of this
1020section paragraph. The department shall have the authority to
1021adopt any rule necessary for establishing the training
1022curriculum; length of training, which shall not exceed 8 hours
1023for required department topics and shall not exceed an
1024additional 24 hours for topics related to other regulatory
1025agencies' instructor qualifications; and any other requirements
1026under this section. The curriculum for other subjects shall be
1027approved by any and all other regulatory agencies having
1028jurisdiction over specific subject matters; however, the overall
1029administration of the licensing of these dealer schools and
1030their instructors shall remain with the department. Such schools
1031are authorized to charge a fee. This privatized method for
1032training applicants for dealer licensing pursuant to
1033subparagraph (1)(c)2. is a pilot program that shall be evaluated
1034by the department after it has been in operation for a period of
10352 years.
1036     (6)  RECORDS TO BE KEPT BY LICENSEE.-Every licensee shall
1037keep a book or record in either paper or electronic such form as
1038shall be prescribed or approved by the department for a period
1039of 5 years, in which the licensee shall keep a record of the
1040purchase, sale, or exchange, or receipt for the purpose of sale,
1041of any motor vehicle, the date upon which any temporary tag was
1042issued, the date of title transfer, and a description of such
1043motor vehicle together with the name and address of the seller,
1044the purchaser, and the alleged owner or other person from whom
1045such motor vehicle was purchased or received or to whom it was
1046sold or delivered, as the case may be. Such description shall
1047include the identification or engine number, maker's number, if
1048any, chassis number, if any, and such other numbers or
1049identification marks as may be thereon and shall also include a
1050statement that a number has been obliterated, defaced, or
1051changed, if such is the fact. When a licensee chooses to
1052maintain electronic records, the original paper documents may be
1053destroyed after the licensee successfully transfers title and
1054registration to the purchaser as required by chapter 319 for any
1055purchaser who titles and registers the motor vehicle in this
1056state. In the case of a sale to a purchaser who will title and
1057register the motor vehicle in another state or country, the
1058licensee may destroy the original paper documents after
1059successfully delivering a lawfully reassigned title or
1060manufacturer's certificate or statement of origin to the
1061purchaser and after producing electronic images of all documents
1062related to the sale.
1063     (9)  DENIAL, SUSPENSION, OR REVOCATION.-
1064     (a)  The department may deny, suspend, or revoke any
1065license issued hereunder or under the provisions of s. 320.77 or
1066s. 320.771, upon proof that an applicant or a licensee has
1067committed any of the following activities:
1068     1.  Committed Commission of fraud or willful
1069misrepresentation in application for or in obtaining a license.
1070     2.  Been convicted Conviction of a felony.
1071     3.  Failed Failure to honor a bank draft or check given to
1072a motor vehicle dealer for the purchase of a motor vehicle by
1073another motor vehicle dealer within 10 days after notification
1074that the bank draft or check has been dishonored. If the
1075transaction is disputed, the maker of the bank draft or check
1076shall post a bond in accordance with the provisions of s.
1077559.917, and no proceeding for revocation or suspension shall be
1078commenced until the dispute is resolved.
1079     4.a.  Failed to provide payment within 10 business days to
1080the department for a check payable to the department that was
1081dishonored due to insufficient funds in the amount due plus any
1082statutorily authorized fee for uttering a worthless check. The
1083department shall notify an applicant or licensee when the
1084applicant or licensee makes payment to the department by a check
1085that is subsequently dishonored by the bank due to insufficient
1086funds. The applicant or licensee shall, within 10 business days
1087after receiving the notice, provide payment to the department in
1088the form of cash in the amount due plus any statutorily
1089authorized fee. If the applicant or licensee fails to make such
1090payment within 10 business days, the department may deny,
1091suspend, or revoke the applicant's or licensee's motor vehicle
1092dealer license.
1093     b.  Stopped payment on a check payable to the department,
1094issued a check payable to the department from an account that
1095has been closed, or charged back a credit card transaction to
1096the department. If an applicant or licensee commits any such
1097act, the department may deny, suspend, or revoke the applicant's
1098or licensee's motor vehicle dealer license.
1099     Section 12.  Subsection (4) of section 322.0261, Florida
1100Statutes, is amended to read:
1101     322.0261  Driver improvement course; requirement to
1102maintain driving privileges; failure to complete; department
1103approval of course.-
1104     (4)(a)  The department shall identify any operator
1105convicted of, or who pleaded nolo contendere to, a violation of
1106s. 316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
1107316.192 and shall require that operator, in addition to other
1108applicable penalties, to attend a department-approved driver
1109improvement course in order to maintain driving privileges. The
1110department shall, within 10 days after receiving a notice of
1111judicial disposition, send notice to the operator of the
1112requirement to attend a driver improvement course. If the
1113operator fails to complete the course within 90 days after
1114receiving notice from the department, the operator's driver
1115license shall be canceled by the department until the course is
1116successfully completed.
1117     (b)  Any operator who receives a traffic citation for a
1118violation of s. 316.074(1), s. 316.075(1)(c)1., s. 316.191, or
1119s. 316.192, for which the court withholds adjudication, is not
1120required to attend a driver improvement course, unless the court
1121finds that the nature or severity of the violation is such that
1122attendance to a driver improvement course is necessary. The
1123department shall, within 10 days after receiving a notice of
1124judicial disposition, send notice to the operator of the
1125requirement to attend a driver improvement course. If the
1126operator fails to complete the course within 90 days after
1127receiving notice from the department, the operator's driver
1128license shall be canceled by the department until the course is
1129successfully completed.
1130     (c)  Any operator who receives a traffic citation for a
1131violation of s. 316.172, for which the court withholds
1132adjudication, is required to attend a driver improvement course.
1133The department shall, within 10 days after receiving a notice of
1134judicial disposition, send notice to the operator of the
1135requirement to attend a driver improvement course. If the
1136operator fails to complete the course within 90 days after
1137receiving notice from the department, the operator's driver
1138license shall be canceled by the department until the course is
1139successfully completed.
1140     Section 13.  Subsection (7) of section 627.7295, Florida
1141Statutes, is amended to read:
1142     627.7295  Motor vehicle insurance contracts.-
1143     (7)  A policy of private passenger motor vehicle insurance
1144or a binder for such a policy may be initially issued in this
1145state only if the insurer or agent has collected from the
1146insured an amount equal to 2 months' premium. An insurer, agent,
1147or premium finance company may not, directly or indirectly, take
1148any action resulting in the insured having paid from the
1149insured's own funds an amount less than the 2 months' premium
1150required by this subsection. This subsection applies without
1151regard to whether the premium is financed by a premium finance
1152company or is paid pursuant to a periodic payment plan of an
1153insurer or an insurance agent. This subsection does not apply if
1154an insured or member of the insured's family is renewing or
1155replacing a policy or a binder for such policy written by the
1156same insurer or a member of the same insurer group. This
1157subsection does not apply to an insurer that issues private
1158passenger motor vehicle coverage primarily to active duty or
1159former military personnel or their dependents. This subsection
1160does not apply if all policy payments are paid pursuant to a
1161payroll deduction plan or an automatic electronic funds transfer
1162payment plan from the policyholder, provided that the first
1163policy payment is made by cash, cashier's check, check, or a
1164money order. This subsection and subsection (4) do not apply if
1165all policy payments to an insurer are paid pursuant to an
1166automatic electronic funds transfer payment plan from an agent,
1167or a managing general agent, or a premium finance company and if
1168the policy includes, at a minimum, personal injury protection
1169pursuant to ss. 627.730-627.7405; motor vehicle property damage
1170liability pursuant to s. 627.7275; and bodily injury liability
1171in at least the amount of $10,000 because of bodily injury to,
1172or death of, one person in any one accident and in the amount of
1173$20,000 because of bodily injury to, or death of, two or more
1174persons in any one accident. This subsection and subsection (4)
1175do not apply if an insured has had a policy in effect for at
1176least 6 months, the insured's agent is terminated by the insurer
1177that issued the policy, and the insured obtains coverage on the
1178policy's renewal date with a new company through the terminated
1179agent.
1180     Section 14.  This act shall take effect July 1, 2010.


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