Florida Senate - 2013                                      SB 62
       
       
       
       By Senator Hays
       
       
       
       
       11-00109-13                                             201362__
    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, rebuilt vehicles,
   14  nonconforming vehicles, custom vehicles, or street rod vehicles;
   15  conversion of low-speed vehicles.—
   16         (1)(a) A person may not knowingly offer for sale, sell, or
   17  exchange any vehicle that has been licensed, registered, or used
   18  as a taxicab, police vehicle, or short-term-lease vehicle, or a
   19  vehicle that has been repurchased by a manufacturer pursuant to
   20  a settlement, determination, or decision under chapter 681,
   21  until the department has stamped in a conspicuous place on the
   22  certificate of title of the vehicle, or its duplicate, words
   23  stating the nature of the previous use of the vehicle or the
   24  title has been stamped “Manufacturer’s Buy Back” to reflect that
   25  the vehicle is a nonconforming vehicle. If the certificate of
   26  title or duplicate was not so stamped upon initial issuance
   27  thereof or if, subsequent to initial issuance of the title, the
   28  use of the vehicle is changed to a use requiring the notation
   29  provided for in this section, the owner or lienholder of the
   30  vehicle shall surrender the certificate of title or duplicate to
   31  the department prior to offering the vehicle for sale, and the
   32  department shall stamp the certificate or duplicate as required
   33  herein. When a vehicle has been repurchased by a manufacturer
   34  pursuant to a settlement, determination, or decision under
   35  chapter 681, the title shall be stamped “Manufacturer’s Buy
   36  Back” to reflect that the vehicle is a nonconforming vehicle.
   37         (b) A person may not knowingly offer for sale, sell, or
   38  exchange a rebuilt vehicle until the department has stamped in a
   39  conspicuous place on the certificate of title for the vehicle
   40  words stating that the vehicle has been rebuilt or assembled
   41  from parts, or is a kit car, glider kit, replica, flood vehicle,
   42  custom vehicle, or street rod vehicle unless proper application
   43  for a certificate of title for a vehicle that is rebuilt or
   44  assembled from parts, or is a kit car, glider kit, replica,
   45  flood vehicle, custom vehicle, or street rod vehicle has been
   46  made to the department in accordance with this chapter and the
   47  department has conducted the physical examination of the vehicle
   48  to assure the identity of the vehicle and all major component
   49  parts, as defined in s. 319.30(1), which have been repaired or
   50  replaced. Thereafter, the department shall affix a decal to the
   51  vehicle, in the manner prescribed by the department, showing the
   52  vehicle to be rebuilt.
   53         (c) As used in this section, the term:
   54         1. “Police vehicle” means a motor vehicle owned or leased
   55  by the state or a county or municipality and used in law
   56  enforcement.
   57         2.a. “Short-term-lease vehicle” means a motor vehicle
   58  leased without a driver and under a written agreement to one or
   59  more persons from time to time for a period of less than 12
   60  months.
   61         b. “Long-term-lease vehicle” means a motor vehicle leased
   62  without a driver and under a written agreement to one person for
   63  a period of 12 months or longer.
   64         c. “Lease vehicle” includes both short-term-lease vehicles
   65  and long-term-lease vehicles.
   66         3. “Rebuilt vehicle” means a motor vehicle or mobile home
   67  built from salvage or junk, as defined in s. 319.30(1).
   68         4. “Assembled from parts” means a motor vehicle or mobile
   69  home assembled from parts or combined from parts of motor
   70  vehicles or mobile homes, new or used. “Assembled from parts”
   71  does not mean a motor vehicle defined as a “rebuilt vehicle” in
   72  subparagraph 3., which has been declared a total loss pursuant
   73  to s. 319.30.
   74         5. “Kit car” means a motor vehicle assembled with a kit
   75  supplied by a manufacturer to rebuild a wrecked or outdated
   76  motor vehicle with a new body kit.
   77         6. “Glider kit” means a vehicle assembled with a kit
   78  supplied by a manufacturer to rebuild a wrecked or outdated
   79  truck or truck tractor.
   80         7. “Replica” means a complete new motor vehicle
   81  manufactured to look like an old vehicle.
   82         8. “Flood vehicle” means a motor vehicle or mobile home
   83  that has been declared to be a total loss pursuant to s.
   84  319.30(3)(a) resulting from damage caused by water.
   85         9. “Nonconforming vehicle” means a motor vehicle which has
   86  been purchased by a manufacturer pursuant to a settlement,
   87  determination, or decision under chapter 681.
   88         10. “Settlement” means an agreement entered into between a
   89  manufacturer and a consumer that occurs after a dispute is
   90  submitted to a program, or an informal dispute settlement
   91  procedure established by a manufacturer or is approved for
   92  arbitration before the New Motor Vehicle Arbitration Board as
   93  defined in s. 681.102.
   94         11. “Custom vehicle” means a motor vehicle that:
   95         a. Is 25 years of age or older and of a model year after
   96  1948 or was manufactured to resemble a vehicle that is 25 years
   97  of age or older and of a model year after 1948; and
   98         b. Has been altered from the manufacturer’s original design
   99  or has a body constructed from nonoriginal materials.
  100  
  101  The model year and year of manufacture that the body of a custom
  102  vehicle resembles is the model year and year of manufacture
  103  listed on the certificate of title, regardless of when the
  104  vehicle was actually manufactured.
  105         12. “Street rod” means a motor vehicle that:
  106         a. Is of a model year of 1948 or older or was manufactured
  107  after 1948 to resemble a vehicle of a model year of 1948 or
  108  older; and
  109         b. Has been altered from the manufacturer’s original design
  110  or has a body constructed from nonoriginal materials.
  111  
  112  The model year and year of manufacture that the body of a street
  113  rod resembles is the model year and year of manufacture listed
  114  on the certificate of title, regardless of when the vehicle was
  115  actually manufactured.
  116         (2) A person may not knowingly sell, exchange, or transfer
  117  a vehicle referred to in subsection (1) without, before
  118  consummating the sale, exchange, or transfer, disclosing in
  119  writing to the purchaser, customer, or transferee the fact that
  120  the vehicle has previously been titled, registered, or used as a
  121  taxicab, police vehicle, or short-term-lease vehicle, is a
  122  vehicle that is rebuilt or assembled from parts, is a kit car,
  123  glider kit, replica, or flood vehicle, or is a nonconforming
  124  vehicle, custom vehicle, or street rod vehicle, as the case may
  125  be.
  126         (3) Any person who, with intent to offer for sale or
  127  exchange any vehicle referred to in subsection (1), knowingly or
  128  intentionally advertises, publishes, disseminates, circulates,
  129  or places before the public in any communications medium,
  130  whether directly or indirectly, any offer to sell or exchange
  131  the vehicle shall clearly and precisely state in each such offer
  132  that the vehicle has previously been titled, registered, or used
  133  as a taxicab, police vehicle, or short-term-lease vehicle or
  134  that the vehicle or mobile home is a vehicle that is rebuilt or
  135  assembled from parts, is a kit car, glider kit, replica, or
  136  flood vehicle, or is a nonconforming vehicle, custom vehicle, or
  137  street rod vehicle, as the case may be. A person who violates
  138  this subsection commits a misdemeanor of the second degree,
  139  punishable as provided in s. 775.082 or s. 775.083.
  140         (4) If a certificate of title, including a foreign
  141  certificate, is branded to reflect a condition or prior use of
  142  the titled vehicle, the brand must be noted on the registration
  143  certificate of the vehicle and such brand shall be carried
  144  forward on all subsequent certificates of title and registration
  145  certificates issued for the life of the vehicle.
  146         (5) A person who knowingly sells, exchanges, or offers to
  147  sell or exchange a motor vehicle or mobile home contrary to this
  148  section or any officer, agent, or employee of a person who
  149  knowingly authorizes, directs, aids in, or consents to the sale,
  150  exchange, or offer to sell or exchange a motor vehicle or mobile
  151  home contrary to this section commits a misdemeanor of the
  152  second degree, punishable as provided in s. 775.082 or s.
  153  775.083.
  154         (6) A person who removes a rebuilt decal from a rebuilt
  155  vehicle with the intent to conceal the rebuilt status of the
  156  vehicle commits a felony of the third degree, punishable as
  157  provided in s. 775.082, s. 775.083, or s. 775.084.
  158         (7) This section applies to a mobile home, travel trailer,
  159  camping trailer, truck camper, or fifth-wheel recreation trailer
  160  only when the mobile home or vehicle is a rebuilt vehicle or is
  161  assembled from parts.
  162         (8) A person is not liable or accountable in any civil
  163  action arising out of a violation of this section if the
  164  designation of the previous use or condition of the motor
  165  vehicle is not noted on the certificate of title and
  166  registration certificate of the vehicle which was received by,
  167  or delivered to, such person, unless the person has actively
  168  concealed the prior use or condition of the vehicle from the
  169  purchaser.
  170         (9) Subsections (1), (2), and (3) do not apply to the
  171  transfer of ownership of a motor vehicle after the motor vehicle
  172  has ceased to be used as a lease vehicle and the ownership has
  173  been transferred to an owner for private use or to the transfer
  174  of ownership of a nonconforming vehicle with 36,000 or more
  175  miles on its odometer, or 34 months whichever is later and the
  176  ownership has been transferred to an owner for private use. Such
  177  owner, as shown on the title certificate, may request the
  178  department to issue a corrected certificate of title that does
  179  not contain the statement of the previous use of the vehicle as
  180  a lease vehicle or condition as a nonconforming vehicle.
  181         (10)(a) A vehicle titled or branded and registered as a
  182  low-speed vehicle may be converted to a golf cart pursuant to
  183  the following:
  184         1. The owner of the converted vehicle must contact the
  185  regional office of the department to verify the conversion,
  186  surrender the registration license plate and the current
  187  certificate of title, and pay the appropriate fee established
  188  under paragraph (b).
  189         2. Upon verification of the conversion, the department
  190  shall note in the vehicle record that the low-speed vehicle has
  191  been converted to a golf cart and cancel the certificate of
  192  title and registration of the vehicle.
  193         (b) The department shall establish a fee of $40 to cover
  194  the cost of verification and associated administrative costs for
  195  carrying out its responsibilities under this subsection.
  196         Section 2. This act shall take effect July 1, 2013.