Florida Senate - 2012 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 599, 1st Eng. Barcode 568574 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/09/2012 06:40 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Hays moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 41 and 42 4 insert: 5 Section 1. Section 319.14, Florida Statutes, is amended to 6 read: 7 319.14 Sale of motor vehicles registered or used as 8 taxicabs, police vehicles, lease vehicles, or rebuilt vehicles 9 and nonconforming vehicles; conversion of low-speed vehicles.— 10 (1)(a) No person shall knowingly offer for sale, sell, or 11 exchange any vehicle that has been licensed, registered, or used 12 as a taxicab, police vehicle, or short-term-lease vehicle, or a 13 vehicle that has been repurchased by a manufacturer pursuant to 14 a settlement, determination, or decision under chapter 681, 15 until the department has stamped in a conspicuous place on the 16 certificate of title of the vehicle, or its duplicate, words 17 stating the nature of the previous use of the vehicle or the 18 title has been stamped “Manufacturer’s Buy Back” to reflect that 19 the vehicle is a nonconforming vehicle. If the certificate of 20 title or duplicate was not so stamped upon initial issuance 21 thereof or if, subsequent to initial issuance of the title, the 22 use of the vehicle is changed to a use requiring the notation 23 provided for in this section, the owner or lienholder of the 24 vehicle shall surrender the certificate of title or duplicate to 25 the department prior to offering the vehicle for sale, and the 26 department shall stamp the certificate or duplicate as required 27 herein. When a vehicle has been repurchased by a manufacturer 28 pursuant to a settlement, determination, or decision under 29 chapter 681, the title shall be stamped “Manufacturer’s Buy 30 Back” to reflect that the vehicle is a nonconforming vehicle. 31 (b) No person shall knowingly offer for sale, sell, or 32 exchange a rebuilt vehicle until the department has stamped in a 33 conspicuous place on the certificate of title for the vehicle 34 words stating that the vehicle has been rebuilt or assembled 35 from parts, or is a kit car, glider kit, replica, or flood 36 vehicle unless proper application for a certificate of title for 37 a vehicle that is rebuilt or assembled from parts, or is a kit 38 car, glider kit, replica, or flood vehicle has been made to the 39 department in accordance with this chapter and the department 40 has conducted the physical examination of the vehicle to assure 41 the identity of the vehicle and all major component parts, as 42 defined in s. 319.30(1), which have been repaired or replaced. 43 Thereafter, the department shall affix a decal to the vehicle, 44 in the manner prescribed by the department, showing the vehicle 45 to be rebuilt. 46 (c) As used in this section: 47 1. “Police vehicle” means a motor vehicle owned or leased 48 by the state or a county or municipality and used in law 49 enforcement. 50 2.a. “Short-term-lease vehicle” means a motor vehicle 51 leased without a driver and under a written agreement to one or 52 more persons from time to time for a period of less than 12 53 months. 54 b. “Long-term-lease vehicle” means a motor vehicle leased 55 without a driver and under a written agreement to one person for 56 a period of 12 months or longer. 57 c. “Lease vehicle” includes both short-term-lease vehicles 58 and long-term-lease vehicles. 59 3. “Rebuilt vehicle” means a motor vehicle or mobile home 60 built from salvage or junk, as defined in s. 319.30(1). 61 4. “Assembled from parts” means a motor vehicle or mobile 62 home assembled from parts or combined from parts of motor 63 vehicles or mobile homes, new or used. “Assembled from parts” 64 does not mean a motor vehicle defined as a “rebuilt vehicle” in 65 subparagraph 3., which has been declared a total loss pursuant 66 to s. 319.30. 67 5. “Kit car” means a motor vehicle assembled with a kit 68 supplied by a manufacturer to rebuild a wrecked or outdated 69 motor vehicle with a new body kit. 70 6. “Glider kit” means a vehicle assembled with a kit 71 supplied by a manufacturer to rebuild a wrecked or outdated 72 truck or truck tractor. 73 7. “Replica” means a complete new motor vehicle 74 manufactured to look like an old vehicle. 75 8. “Flood vehicle” means a motor vehicle or mobile home 76 that has been declared to be a total loss pursuant to s. 77 319.30(3)(a) resulting from damage caused by water. 78 9. “Nonconforming vehicle” means a motor vehicle which has 79 been purchased by a manufacturer pursuant to a settlement, 80 determination, or decision under chapter 681. 81 10. “Settlement” means an agreement entered into between a 82 manufacturer and a consumer that occurs after a dispute is 83 submitted to a program, or an informal dispute settlement 84 procedure established by a manufacturer or is approved for 85 arbitration before the New Motor Vehicle Arbitration Board as 86 defined in s. 681.102. 87 (2) No person shall knowingly sell, exchange, or transfer a 88 vehicle referred to in subsection (1) without, prior to 89 consummating the sale, exchange, or transfer, disclosing in 90 writing to the purchaser, customer, or transferee the fact that 91 the vehicle has previously been titled, registered, or used as a 92 taxicab, police vehicle, or short-term-lease vehicle or is a 93 vehicle that is rebuilt or assembled from parts, or is a kit 94 car, glider kit, replica, or flood vehicle, or is a 95 nonconforming vehicle, as the case may be. 96 (3) Any person who, with intent to offer for sale or 97 exchange any vehicle referred to in subsection (1), knowingly or 98 intentionally advertises, publishes, disseminates, circulates, 99 or places before the public in any communications medium, 100 whether directly or indirectly, any offer to sell or exchange 101 the vehicle shall clearly and precisely state in each such offer 102 that the vehicle has previously been titled, registered, or used 103 as a taxicab, police vehicle, or short-term-lease vehicle or 104 that the vehicle or mobile home is a vehicle that is rebuilt or 105 assembled from parts, or is a kit car, glider kit, replica, or 106 flood vehicle, or a nonconforming vehicle, as the case may be. 107 Any person who violates this subsection commits a misdemeanor of 108 the second degree, punishable as provided in s. 775.082 or s. 109 775.083. 110 (4) When a certificate of title, including a foreign 111 certificate, is branded to reflect a condition or prior use of 112 the titled vehicle, the brand must be noted on the registration 113 certificate of the vehicle and such brand shall be carried 114 forward on all subsequent certificates of title and registration 115 certificates issued for the life of the vehicle. 116 (5) Any person who knowingly sells, exchanges, or offers to 117 sell or exchange a motor vehicle or mobile home contrary to the 118 provisions of this section or any officer, agent, or employee of 119 a person who knowingly authorizes, directs, aids in, or consents 120 to the sale, exchange, or offer to sell or exchange a motor 121 vehicle or mobile home contrary to the provisions of this 122 section commits a misdemeanor of the second degree, punishable 123 as provided in s. 775.082 or s. 775.083. 124 (6) Any person who removes a rebuilt decal from a rebuilt 125 vehicle with the intent to conceal the rebuilt status of the 126 vehicle commits a felony of the third degree, punishable as 127 provided in s. 775.082, s. 775.083, or s. 775.084. 128 (7) This section applies to a mobile home, travel trailer, 129 camping trailer, truck camper, or fifth-wheel recreation trailer 130 only when such mobile home or vehicle is a rebuilt vehicle or is 131 assembled from parts. 132 (8) No person shall be liable or accountable in any civil 133 action arising out of a violation of this section if the 134 designation of the previous use or condition of the motor 135 vehicle is not noted on the certificate of title and 136 registration certificate of the vehicle which was received by, 137 or delivered to, such person, unless such person has actively 138 concealed the prior use or condition of the vehicle from the 139 purchaser. 140 (9) Subsections (1), (2), and (3) do not apply to the 141 transfer of ownership of a motor vehicle after the motor vehicle 142 has ceased to be used as a lease vehicle and the ownership has 143 been transferred to an owner for private use or to the transfer 144 of ownership of a nonconforming vehicle with 36,000 or more 145 miles on its odometer, or 34 months whichever is later and the 146 ownership has been transferred to an owner for private use. Such 147 owner, as shown on the title certificate, may request the 148 department to issue a corrected certificate of title that does 149 not contain the statement of the previous use of the vehicle as 150 a lease vehicle or condition as a nonconforming vehicle. 151 (10)(a) A golf cart titled or branded and registered as a 152 low-speed vehicle may be converted to a golf cart pursuant to 153 the following: 154 1. The owner of the converted vehicle must contact the 155 regional office of the department to verify the conversion, 156 surrender the registration license plate and the current 157 certificate of title, and pay the appropriate fee established 158 under paragraph (b). 159 2. Upon verification of the conversion, the department 160 shall note in the vehicle record that the low-speed vehicle has 161 been converted to a golf cart and cancel the certificate of 162 title and registration of the vehicle. 163 (b) The department shall establish a fee of $40 to cover 164 the cost of verification and associated administrative costs for 165 carrying out its responsibilities under this subsection. 166 Section 2. Subsection (42) of section 320.01, Florida 167 Statutes, is amended to read: 168 320.01 Definitions, general.—As used in the Florida 169 Statutes, except as otherwise provided, the term: 170 (42) “Low-speed vehicle” means any four-wheeledelectric171 vehicle whose top speed is greater than 20 miles per hour but 172 not greater than 25 miles per hour, including, without 173 limitation, neighborhood electric vehicles. Low-speed vehicles 174 must comply with the safety standards in 49 C.F.R. s. 571.500 175 and s. 316.2122. 176 177 ================= T I T L E A M E N D M E N T ================ 178 And the title is amended as follows: 179 Delete line 3 180 and insert: 181 programs; amending s. 319.14, F.S.; authorizing the 182 conversion of a golf cart titled or branded and 183 registered as a low-speed vehicle to a golf cart; 184 providing procedures; providing for a fee; amending s. 185 320.01, F.S.; redefining the term “low-speed vehicle”; 186 amending s. 341.301, F.S.; revising the