Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1636
       
       
       
       
       
       
                                Ì6824186Î682418                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2023           .                                
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       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   22  parties subject to the rescinded or canceled sale invalidates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   25  all fees, taxes, and other moneys associated with the rescinded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   27  parties are not required to report the rescinded or canceled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.