Florida Senate - 2012 SB 1238 By Senator Hays 20-01476-12 20121238__ 1 A bill to be entitled 2 An act relating to low-speed vehicles; amending s. 3 319.14, F.S.; authorizing the conversion of a vehicle 4 titled or branded and registered as a low-speed 5 vehicle to a golf cart; providing procedures; 6 providing for a fee; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 319.14, Florida Statutes, is amended to 11 read: 12 319.14 Sale of motor vehicles registered or used as 13 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles 14 and nonconforming vehicles; conversion of low-speed vehicles.— 15 (1)(a) No person shall knowingly offer for sale, sell, or 16 exchange any vehicle that has been licensed, registered, or used 17 as a taxicab, police vehicle, or short-term-lease vehicle, or a 18 vehicle that has been repurchased by a manufacturer pursuant to 19 a settlement, determination, or decision under chapter 681, 20 until the department has stamped in a conspicuous place on the 21 certificate of title of the vehicle, or its duplicate, words 22 stating the nature of the previous use of the vehicle or the 23 title has been stamped “Manufacturer’s Buy Back” to reflect that 24 the vehicle is a nonconforming vehicle. If the certificate of 25 title or duplicate was not so stamped upon initial issuance 26 thereof or if, subsequent to initial issuance of the title, the 27 use of the vehicle is changed to a use requiring the notation 28 provided for in this section, the owner or lienholder of the 29 vehicle shall surrender the certificate of title or duplicate to 30 the department prior to offering the vehicle for sale, and the 31 department shall stamp the certificate or duplicate as required 32 herein. When a vehicle has been repurchased by a manufacturer 33 pursuant to a settlement, determination, or decision under 34 chapter 681, the title shall be stamped “Manufacturer’s Buy 35 Back” to reflect that the vehicle is a nonconforming vehicle. 36 (b) No person shall knowingly offer for sale, sell, or 37 exchange a rebuilt vehicle until the department has stamped in a 38 conspicuous place on the certificate of title for the vehicle 39 words stating that the vehicle has been rebuilt or assembled 40 from parts, or is a kit car, glider kit, replica, or flood 41 vehicle unless proper application for a certificate of title for 42 a vehicle that is rebuilt or assembled from parts, or is a kit 43 car, glider kit, replica, or flood vehicle has been made to the 44 department in accordance with this chapter and the department 45 has conducted the physical examination of the vehicle to assure 46 the identity of the vehicle and all major component parts, as 47 defined in s. 319.30(1), which have been repaired or replaced. 48 Thereafter, the department shall affix a decal to the vehicle, 49 in the manner prescribed by the department, showing the vehicle 50 to be rebuilt. 51 (c) As used in this section: 52 1. “Police vehicle” means a motor vehicle owned or leased 53 by the state or a county or municipality and used in law 54 enforcement. 55 2.a. “Short-term-lease vehicle” means a motor vehicle 56 leased without a driver and under a written agreement to one or 57 more persons from time to time for a period of less than 12 58 months. 59 b. “Long-term-lease vehicle” means a motor vehicle leased 60 without a driver and under a written agreement to one person for 61 a period of 12 months or longer. 62 c. “Lease vehicle” includes both short-term-lease vehicles 63 and long-term-lease vehicles. 64 3. “Rebuilt vehicle” means a motor vehicle or mobile home 65 built from salvage or junk, as defined in s. 319.30(1). 66 4. “Assembled from parts” means a motor vehicle or mobile 67 home assembled from parts or combined from parts of motor 68 vehicles or mobile homes, new or used. “Assembled from parts” 69 does not mean a motor vehicle defined as a “rebuilt vehicle” in 70 subparagraph 3., which has been declared a total loss pursuant 71 to s. 319.30. 72 5. “Kit car” means a motor vehicle assembled with a kit 73 supplied by a manufacturer to rebuild a wrecked or outdated 74 motor vehicle with a new body kit. 75 6. “Glider kit” means a vehicle assembled with a kit 76 supplied by a manufacturer to rebuild a wrecked or outdated 77 truck or truck tractor. 78 7. “Replica” means a complete new motor vehicle 79 manufactured to look like an old vehicle. 80 8. “Flood vehicle” means a motor vehicle or mobile home 81 that has been declared to be a total loss pursuant to s. 82 319.30(3)(a) resulting from damage caused by water. 83 9. “Nonconforming vehicle” means a motor vehicle which has 84 been purchased by a manufacturer pursuant to a settlement, 85 determination, or decision under chapter 681. 86 10. “Settlement” means an agreement entered into between a 87 manufacturer and a consumer that occurs after a dispute is 88 submitted to a program, or an informal dispute settlement 89 procedure established by a manufacturer or is approved for 90 arbitration before the New Motor Vehicle Arbitration Board as 91 defined in s. 681.102. 92 (2) No person shall knowingly sell, exchange, or transfer a 93 vehicle referred to in subsection (1) without, prior to 94 consummating the sale, exchange, or transfer, disclosing in 95 writing to the purchaser, customer, or transferee the fact that 96 the vehicle has previously been titled, registered, or used as a 97 taxicab, police vehicle, or short-term-lease vehicle or is a 98 vehicle that is rebuilt or assembled from parts, or is a kit 99 car, glider kit, replica, or flood vehicle, or is a 100 nonconforming vehicle, as the case may be. 101 (3) Any person who, with intent to offer for sale or 102 exchange any vehicle referred to in subsection (1), knowingly or 103 intentionally advertises, publishes, disseminates, circulates, 104 or places before the public in any communications medium, 105 whether directly or indirectly, any offer to sell or exchange 106 the vehicle shall clearly and precisely state in each such offer 107 that the vehicle has previously been titled, registered, or used 108 as a taxicab, police vehicle, or short-term-lease vehicle or 109 that the vehicle or mobile home is a vehicle that is rebuilt or 110 assembled from parts, or is a kit car, glider kit, replica, or 111 flood vehicle, or a nonconforming vehicle, as the case may be. 112 Any person who violates this subsection commits a misdemeanor of 113 the second degree, punishable as provided in s. 775.082 or s. 114 775.083. 115 (4) When a certificate of title, including a foreign 116 certificate, is branded to reflect a condition or prior use of 117 the titled vehicle, the brand must be noted on the registration 118 certificate of the vehicle and such brand shall be carried 119 forward on all subsequent certificates of title and registration 120 certificates issued for the life of the vehicle. 121 (5) Any person who knowingly sells, exchanges, or offers to 122 sell or exchange a motor vehicle or mobile home contrary to the 123 provisions of this section or any officer, agent, or employee of 124 a person who knowingly authorizes, directs, aids in, or consents 125 to the sale, exchange, or offer to sell or exchange a motor 126 vehicle or mobile home contrary to the provisions of this 127 section commits a misdemeanor of the second degree, punishable 128 as provided in s. 775.082 or s. 775.083. 129 (6) Any person who removes a rebuilt decal from a rebuilt 130 vehicle with the intent to conceal the rebuilt status of the 131 vehicle commits a felony of the third degree, punishable as 132 provided in s. 775.082, s. 775.083, or s. 775.084. 133 (7) This section applies to a mobile home, travel trailer, 134 camping trailer, truck camper, or fifth-wheel recreation trailer 135 only when such mobile home or vehicle is a rebuilt vehicle or is 136 assembled from parts. 137 (8) No person shall be liable or accountable in any civil 138 action arising out of a violation of this section if the 139 designation of the previous use or condition of the motor 140 vehicle is not noted on the certificate of title and 141 registration certificate of the vehicle which was received by, 142 or delivered to, such person, unless such person has actively 143 concealed the prior use or condition of the vehicle from the 144 purchaser. 145 (9) Subsections (1), (2), and (3) do not apply to the 146 transfer of ownership of a motor vehicle after the motor vehicle 147 has ceased to be used as a lease vehicle and the ownership has 148 been transferred to an owner for private use or to the transfer 149 of ownership of a nonconforming vehicle with 36,000 or more 150 miles on its odometer, or 34 months whichever is later and the 151 ownership has been transferred to an owner for private use. Such 152 owner, as shown on the title certificate, may request the 153 department to issue a corrected certificate of title that does 154 not contain the statement of the previous use of the vehicle as 155 a lease vehicle or condition as a nonconforming vehicle. 156 (10)(a) A vehicle titled or branded and registered as a 157 low-speed vehicle may be converted to a golf cart pursuant to 158 the following: 159 1. The owner of the converted vehicle must contact the 160 regional office of the department to verify the conversion, 161 surrender the registration license plate and the current 162 certificate of title, and pay the appropriate fee established 163 under paragraph (b). 164 2. Upon verification of the conversion, the department 165 shall note in the vehicle record that the low-speed vehicle has 166 been converted to a golf cart and cancel the certificate of 167 title and registration of the vehicle. 168 (b) The department shall establish a fee of $40 to cover 169 the cost of inspection and associated administrative costs for 170 carrying out its responsibilities under this subsection. 171 Section 2. This act shall take effect July 1, 2012.