Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 290
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Rader) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (14) through (19) of section 320.02,
    6  Florida Statutes, are renumbered as subsections (15) through
    7  (20), respectively, and a new subsection (14) is added to that
    8  section, to read:
    9         320.02 Registration required; application for registration;
   10  forms.—
   11         (14)The application form for motor vehicle registration
   12  must include language allowing an applicant who is deaf or hard
   13  of hearing to voluntarily indicate that he or she is deaf or
   14  hard of hearing. If the applicant indicates on the application
   15  that he or she is deaf or hard of hearing, such information must
   16  be included in the Florida Crime Information Center system and
   17  the Driver and Vehicle Information Database.
   18         Section 2. Paragraph (b) of subsection (9) of section
   19  320.27, Florida Statutes, is amended to read:
   20         320.27 Motor vehicle dealers.—
   22         (b) The department may deny, suspend, or revoke any license
   23  issued hereunder or under the provisions of s. 320.77 or s.
   24  320.771 upon proof that a licensee has committed, with
   25  sufficient frequency so as to establish a pattern of wrongdoing
   26  on the part of a licensee, violations of one or more of the
   27  following activities:
   28         1. Representation that a demonstrator is a new motor
   29  vehicle, or the attempt to sell or the sale of a demonstrator as
   30  a new motor vehicle without written notice to the purchaser that
   31  the vehicle is a demonstrator. For the purposes of this section,
   32  a “demonstrator,” a “new motor vehicle,” and a “used motor
   33  vehicle” shall be defined as under s. 320.60.
   34         2. Unjustifiable refusal to comply with a licensee’s
   35  responsibility under the terms of the new motor vehicle warranty
   36  issued by its respective manufacturer, distributor, or importer.
   37  However, if such refusal is at the direction of the
   38  manufacturer, distributor, or importer, such refusal shall not
   39  be a ground under this section.
   40         3. Misrepresentation or false, deceptive, or misleading
   41  statements with regard to the sale or financing of motor
   42  vehicles which any motor vehicle dealer has, or causes to have,
   43  advertised, printed, displayed, published, distributed,
   44  broadcast, televised, or made in any manner with regard to the
   45  sale or financing of motor vehicles.
   46         4. Failure by any motor vehicle dealer to provide a
   47  customer or purchaser with an odometer disclosure statement and
   48  a copy of any bona fide written, executed sales contract or
   49  agreement of purchase connected with the purchase of the motor
   50  vehicle purchased by the customer or purchaser.
   51         5. Failure of any motor vehicle dealer to comply with the
   52  terms of any bona fide written, executed agreement, pursuant to
   53  the sale of a motor vehicle.
   54         6. Failure to apply for transfer of a title as prescribed
   55  in s. 319.23(6).
   56         7. Use of the dealer license identification number by any
   57  person other than the licensed dealer or his or her designee.
   58         8. Failure to continually meet the requirements of the
   59  licensure law.
   60         9. Representation to a customer or any advertisement to the
   61  public representing or suggesting that a motor vehicle is a new
   62  motor vehicle if such vehicle lawfully cannot be titled in the
   63  name of the customer or other member of the public by the seller
   64  using a manufacturer’s statement of origin as permitted in s.
   65  319.23(1).
   66         10. Requirement by any motor vehicle dealer that a customer
   67  or purchaser accept equipment on his or her motor vehicle which
   68  was not ordered by the customer or purchaser.
   69         11. Requirement by any motor vehicle dealer that any
   70  customer or purchaser finance a motor vehicle with a specific
   71  financial institution or company.
   72         12. Requirement by any motor vehicle dealer that the
   73  purchaser of a motor vehicle contract with the dealer for
   74  physical damage insurance.
   75         13. Perpetration of a fraud upon any person as a result of
   76  dealing in motor vehicles, including, without limitation, the
   77  misrepresentation to any person by the licensee of the
   78  licensee’s relationship to any manufacturer, importer, or
   79  distributor.
   80         14. Violation of any of the provisions of s. 319.35 by any
   81  motor vehicle dealer.
   82         15. Sale by a motor vehicle dealer of a vehicle offered in
   83  trade by a customer prior to consummation of the sale, exchange,
   84  or transfer of a newly acquired vehicle to the customer, unless
   85  the customer provides written authorization for the sale of the
   86  trade-in vehicle prior to delivery of the newly acquired
   87  vehicle.
   88         16. Willful failure to comply with any administrative rule
   89  adopted by the department or the provisions of s. 320.131(8).
   90         17. Violation of chapter 319, this chapter, or ss. 559.901
   91  559.9221, which has to do with dealing in or repairing motor
   92  vehicles or mobile homes. Additionally, in the case of used
   93  motor vehicles, the willful violation of the federal law and
   94  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
   95  consumer sales window form.
   96         18. Failure to maintain evidence of notification to the
   97  owner or coowner of a vehicle regarding registration or titling
   98  fees owed as required in s. 320.02(17) 320.02(16).
   99         19. Failure to register a mobile home salesperson with the
  100  department as required by this section.
  101         Section 3. This act shall take effect October 1, 2018.
  103  ================= T I T L E  A M E N D M E N T ================
  104  And the title is amended as follows:
  105         Delete everything before the enacting clause
  106  and insert:
  107                        A bill to be entitled                      
  108         An act relating to motor vehicle registration
  109         applications; amending s. 320.02, F.S.; requiring the
  110         application for motor vehicle registration to include
  111         language to indicate an applicant is deaf or hard of
  112         hearing; requiring such information to be included in
  113         certain databases; amending s. 320.27, F.S.;
  114         conforming a cross-reference; providing an effective
  115         date.