Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1636 Ì6824186Î682418 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Wright) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (d) is added to subsection (1) of 6 section 212.17, Florida Statutes, to read: 7 212.17 Tax credits or refunds.— 8 (1) 9 (d) A motor vehicle dealer who rescinds, cancels, or 10 revokes a sale or an application for a certificate of title 11 pursuant to s. 319.255 shall be reimbursed, in the manner 12 prescribed by the department, for the amount of tax collected or 13 charged by the motor vehicle dealer for such sale or 14 application. 15 Section 2. Section 319.255, Florida Statutes, is created to 16 read: 17 319.255 Rescission or cancellation of motor vehicle sale.— 18 (1) A motor vehicle dealer, a motor vehicle purchaser, and 19 any person claiming a lien on a motor vehicle may rescind or 20 cancel a motor vehicle sale before an application for a 21 certificate of title is submitted. An agreement among the 22 parties subject to the rescinded or canceled sale invalidates 23 any subsequent requirements imposed upon the motor vehicle 24 dealer to submit an application or remit any fees or taxes if 25 all fees, taxes, and other moneys associated with the rescinded 26 or canceled sale are returned to the rightful parties. The 27 parties are not required to report the rescinded or canceled 28 sale to the department. A motor vehicle dealer may obtain a 29 duplicate certificate of origin or a duplicate certificate of 30 title or obtain a new certificate of title in accordance with 31 subsection (2). 32 (2) The department must rescind, cancel, or revoke an 33 application for a certificate of title or a title that has been 34 issued if, within 60 days after the sale of a motor vehicle, a 35 notarized affidavit signed by the motor vehicle dealer, the 36 motor vehicle purchaser, and any person claiming a lien on the 37 motor vehicle is executed on a form prescribed by the department 38 stating that the motor vehicle dealer, the motor vehicle 39 purchaser, and any person claiming a lien on the motor vehicle 40 have rescinded or canceled the sale of the motor vehicle and 41 that all moneys associated with the transfer of the motor 42 vehicle have been or will be returned to the relevant parties. 43 (a) Fees paid to the department, less fees paid in 44 accordance with s. 319.32, must be returned to the motor vehicle 45 dealer. If no fees have been paid to the department, the motor 46 vehicle dealer must pay the fee required by s. 319.32. 47 (b) Sales taxes refunded or credited to the motor vehicle 48 purchaser must be refunded or credited to the motor vehicle 49 dealer in the manner prescribed by the Department of Revenue. 50 (c) If a certificate of title has been issued, the motor 51 vehicle dealer must obtain and surrender the certificate of 52 title to the department or certify that the certificate of title 53 has been lost or destroyed or will be obtained and destroyed 54 upon receipt. 55 (d) The affidavit stating that the motor vehicle sale has 56 been rescinded or canceled must be filed no later than 30 days 57 after the date of the affidavit’s execution by the motor vehicle 58 dealer, the motor vehicle purchaser, and any person claiming a 59 lien on the motor vehicle, whichever date is latest. 60 (e) The department shall process the affidavit within 7 61 days after receipt and issue a certificate of title to the motor 62 vehicle dealer reflecting the name of the motor vehicle dealer 63 and the odometer reading reflected on the most recent assignment 64 before the rescinded, canceled, or revoked sale. 65 (f) A motor vehicle dealer may not offer a motor vehicle 66 subject to this subsection for retail sale until the motor 67 vehicle dealer has received a certificate of title from the 68 department. 69 (3) A rescission, cancellation, or revocation of sale under 70 this section does not negate the fact that the motor vehicle has 71 been the subject of a previous retail sale. 72 Section 3. This act shall take effect July 1, 2023. 73 74 ================= T I T L E A M E N D M E N T ================ 75 And the title is amended as follows: 76 Delete everything before the enacting clause 77 and insert: 78 A bill to be entitled 79 An act relating to rescission or cancellation of a 80 motor vehicle sale; amending s. 212.17, F.S.; 81 requiring a motor vehicle dealer who rescinds, 82 cancels, or revokes a sale or an application for a 83 certificate of title to be reimbursed by the 84 Department of Revenue for the amount of tax collected 85 or charged for such sale or application; creating s. 86 319.255, F.S.; authorizing a motor vehicle dealer, a 87 motor vehicle purchaser, and any person claiming a 88 lien on a motor vehicle to rescind or cancel a motor 89 vehicle sale before an application for a certificate 90 of title is submitted; providing for invalidation of 91 certain subsequent requirements imposed on a motor 92 vehicle dealer under certain circumstances; 93 authorizing the motor vehicle dealer to obtain a 94 duplicate certificate of origin, duplicate certificate 95 of title, or new certificate of title; requiring the 96 Department of Highway Safety and Motor Vehicles to 97 rescind, cancel, or revoke an application for a 98 certificate of title or an issued certificate of title 99 after execution of a certain affidavit; providing 100 requirements for the return or payment of certain fees 101 and sales taxes; providing for the surrender or 102 destruction of a certificate of title; providing 103 requirements for filing and processing the affidavit; 104 prohibiting a motor vehicle dealer from offering for 105 retail sale a motor vehicle the sale of which has been 106 rescinded or canceled until receipt of a certificate 107 of title from the department; providing construction; 108 providing an effective date.