Florida Senate - 2018                              CS for SB 290
       By the Committee on Appropriations; and Senators Rouson and
       576-02685-18                                           2018290c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle registration
    3         applications; amending s. 320.02, F.S.; requiring the
    4         application form for motor vehicle registration to
    5         include language to indicate an applicant is deaf or
    6         hard of hearing; requiring such information to be
    7         included in certain databases; requiring the
    8         application form for motor vehicle registration to
    9         include language permitting a certain voluntary
   10         contribution to be quarterly distributed by the
   11         Department of Highway Safety and Motor Vehicles to
   12         Preserve Vision Florida, instead of to Prevent
   13         Blindness Florida; conforming a provision to changes
   14         made by the act; amending s. 320.27, F.S.; conforming
   15         a cross-reference; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsections (14) through (19) of section 320.02,
   20  Florida Statutes, are renumbered as subsections (15) through
   21  (20), respectively, a new subsection (14) is added to that
   22  section, and paragraph (a) of present subsection (15) of that
   23  section is amended, to read:
   24         320.02 Registration required; application for registration;
   25  forms.—
   26         (14)The application form for motor vehicle registration
   27  must include language allowing an applicant who is deaf or hard
   28  of hearing to voluntarily indicate that he or she is deaf or
   29  hard of hearing. If the applicant indicates on the application
   30  form that he or she is deaf or hard of hearing, such information
   31  shall be included through the Driver and Vehicle Information
   32  Database and available through the Florida Crime Information
   33  Center system.
   34         (16)(15)(a) The application form for motor vehicle
   35  registration must shall include language permitting the
   36  voluntary contribution of $1 per applicant, to be quarterly
   37  distributed by the department to Preserve Vision Prevent
   38  Blindness Florida, a not-for-profit organization, to prevent
   39  blindness and preserve the sight of the residents of this state.
   40  A statement providing an explanation of the purpose of the funds
   41  shall be included with the application form. Prior to the
   42  department distributing the funds collected pursuant to this
   43  paragraph, Preserve Vision Prevent Blindness Florida must submit
   44  a report to the department that identifies how such funds were
   45  used during the preceding year.
   47  For the purpose of applying the service charge provided in s.
   48  215.20, contributions received under this subsection are not
   49  income of a revenue nature.
   50         Section 2. Paragraph (b) of subsection (9) of section
   51  320.27, Florida Statutes, is amended to read:
   52         320.27 Motor vehicle dealers.—
   54         (b) The department may deny, suspend, or revoke any license
   55  issued hereunder or under the provisions of s. 320.77 or s.
   56  320.771 upon proof that a licensee has committed, with
   57  sufficient frequency so as to establish a pattern of wrongdoing
   58  on the part of a licensee, violations of one or more of the
   59  following activities:
   60         1. Representation that a demonstrator is a new motor
   61  vehicle, or the attempt to sell or the sale of a demonstrator as
   62  a new motor vehicle without written notice to the purchaser that
   63  the vehicle is a demonstrator. For the purposes of this section,
   64  a “demonstrator,” a “new motor vehicle,” and a “used motor
   65  vehicle” shall be defined as under s. 320.60.
   66         2. Unjustifiable refusal to comply with a licensee’s
   67  responsibility under the terms of the new motor vehicle warranty
   68  issued by its respective manufacturer, distributor, or importer.
   69  However, if such refusal is at the direction of the
   70  manufacturer, distributor, or importer, such refusal shall not
   71  be a ground under this section.
   72         3. Misrepresentation or false, deceptive, or misleading
   73  statements with regard to the sale or financing of motor
   74  vehicles which any motor vehicle dealer has, or causes to have,
   75  advertised, printed, displayed, published, distributed,
   76  broadcast, televised, or made in any manner with regard to the
   77  sale or financing of motor vehicles.
   78         4. Failure by any motor vehicle dealer to provide a
   79  customer or purchaser with an odometer disclosure statement and
   80  a copy of any bona fide written, executed sales contract or
   81  agreement of purchase connected with the purchase of the motor
   82  vehicle purchased by the customer or purchaser.
   83         5. Failure of any motor vehicle dealer to comply with the
   84  terms of any bona fide written, executed agreement, pursuant to
   85  the sale of a motor vehicle.
   86         6. Failure to apply for transfer of a title as prescribed
   87  in s. 319.23(6).
   88         7. Use of the dealer license identification number by any
   89  person other than the licensed dealer or his or her designee.
   90         8. Failure to continually meet the requirements of the
   91  licensure law.
   92         9. Representation to a customer or any advertisement to the
   93  public representing or suggesting that a motor vehicle is a new
   94  motor vehicle if such vehicle lawfully cannot be titled in the
   95  name of the customer or other member of the public by the seller
   96  using a manufacturer’s statement of origin as permitted in s.
   97  319.23(1).
   98         10. Requirement by any motor vehicle dealer that a customer
   99  or purchaser accept equipment on his or her motor vehicle which
  100  was not ordered by the customer or purchaser.
  101         11. Requirement by any motor vehicle dealer that any
  102  customer or purchaser finance a motor vehicle with a specific
  103  financial institution or company.
  104         12. Requirement by any motor vehicle dealer that the
  105  purchaser of a motor vehicle contract with the dealer for
  106  physical damage insurance.
  107         13. Perpetration of a fraud upon any person as a result of
  108  dealing in motor vehicles, including, without limitation, the
  109  misrepresentation to any person by the licensee of the
  110  licensee’s relationship to any manufacturer, importer, or
  111  distributor.
  112         14. Violation of any of the provisions of s. 319.35 by any
  113  motor vehicle dealer.
  114         15. Sale by a motor vehicle dealer of a vehicle offered in
  115  trade by a customer prior to consummation of the sale, exchange,
  116  or transfer of a newly acquired vehicle to the customer, unless
  117  the customer provides written authorization for the sale of the
  118  trade-in vehicle prior to delivery of the newly acquired
  119  vehicle.
  120         16. Willful failure to comply with any administrative rule
  121  adopted by the department or the provisions of s. 320.131(8).
  122         17. Violation of chapter 319, this chapter, or ss. 559.901
  123  559.9221, which has to do with dealing in or repairing motor
  124  vehicles or mobile homes. Additionally, in the case of used
  125  motor vehicles, the willful violation of the federal law and
  126  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  127  consumer sales window form.
  128         18. Failure to maintain evidence of notification to the
  129  owner or coowner of a vehicle regarding registration or titling
  130  fees owed as required in s. 320.02(17) s. 320.02(16).
  131         19. Failure to register a mobile home salesperson with the
  132  department as required by this section.
  133         Section 3. This act shall take effect October 1, 2018.