Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1150
                                Barcode 232650                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 4/AD/2R         .                                
             04/27/2011 03:09 PM       .                                

       Senator Storms moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 3110 and 3111
    4  insert:
    5         Section 82. Subsection (3) of section 320.27, Florida
    6  Statutes, is amended to read:
    7         320.27 Motor vehicle dealers.—
    8         (3) APPLICATION AND FEE.—The application for the license
    9  shall be in such form as may be prescribed by the department and
   10  shall be subject to such rules with respect thereto as may be so
   11  prescribed by it. Such application shall be verified by oath or
   12  affirmation and shall contain a full statement of the name and
   13  birth date of the person or persons applying therefor; the name
   14  of the firm or copartnership, with the names and places of
   15  residence of all members thereof, if such applicant is a firm or
   16  copartnership; the names and places of residence of the
   17  principal officers, if the applicant is a body corporate or
   18  other artificial body; the name of the state under whose laws
   19  the corporation is organized; the present and former place or
   20  places of residence of the applicant; and prior business in
   21  which the applicant has been engaged and the location thereof.
   22  Such application shall describe the exact location of the place
   23  of business and shall state whether the place of business is
   24  owned by the applicant and when acquired, or, if leased, a true
   25  copy of the lease shall be attached to the application. The
   26  applicant shall certify that the location provides an adequately
   27  equipped office and is not a residence; that the location
   28  affords sufficient unoccupied space upon and within which
   29  adequately to store all motor vehicles offered and displayed for
   30  sale; and that the location is a suitable place where the
   31  applicant can in good faith carry on such business and keep and
   32  maintain books, records, and files necessary to conduct such
   33  business, which will be available at all reasonable hours to
   34  inspection by the department or any of its inspectors or other
   35  employees. The applicant shall certify that the business of a
   36  motor vehicle dealer is the principal business which shall be
   37  conducted at that location. Such application shall contain a
   38  statement that the applicant is either franchised by a
   39  manufacturer of motor vehicles, in which case the name of each
   40  motor vehicle that the applicant is franchised to sell shall be
   41  included, or an independent (nonfranchised) motor vehicle
   42  dealer. Such application shall contain such other relevant
   43  information as may be required by the department, including
   44  evidence that the applicant is insured under a garage liability
   45  insurance policy or a general liability insurance policy coupled
   46  with a business automobile policy, which shall include, at a
   47  minimum, $25,000 combined single-limit liability coverage
   48  including bodily injury and property damage protection and
   49  $10,000 personal injury protection. The requirements for garage
   50  liability insurance and personal injury protection do not apply
   51  to a salvage motor vehicle dealer as defined in s.
   52  320.27(1)(c)5. Franchise dealers must submit a garage liability
   53  insurance policy, and all other dealers must submit a garage
   54  liability insurance policy or a general liability insurance
   55  policy coupled with a business automobile policy. Such policy
   56  shall be for the license period, and evidence of a new or
   57  continued policy shall be delivered to the department at the
   58  beginning of each license period. Upon making initial
   59  application, the applicant shall pay to the department a fee of
   60  $300 in addition to any other fees now required by law; upon
   61  making a subsequent renewal application, the applicant shall pay
   62  to the department a fee of $75 in addition to any other fees now
   63  required by law. Upon making an application for a change of
   64  location, the person shall pay a fee of $50 in addition to any
   65  other fees now required by law. The department shall, in the
   66  case of every application for initial licensure, verify whether
   67  certain facts set forth in the application are true. Each
   68  applicant, general partner in the case of a partnership, or
   69  corporate officer and director in the case of a corporate
   70  applicant, must file a set of fingerprints with the department
   71  for the purpose of determining any prior criminal record or any
   72  outstanding warrants. The department shall submit the
   73  fingerprints to the Department of Law Enforcement for state
   74  processing and forwarding to the Federal Bureau of Investigation
   75  for federal processing. The actual cost of state and federal
   76  processing shall be borne by the applicant and is in addition to
   77  the fee for licensure. The department may issue a license to an
   78  applicant pending the results of the fingerprint investigation,
   79  which license is fully revocable if the department subsequently
   80  determines that any facts set forth in the application are not
   81  true or correctly represented.
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Between lines 296 and 297
   86  insert:
   87         amending s. 320.27, F.S.; exempting salvage motor
   88         vehicle dealers from certain insurance requirements;