Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 288
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Transportation (Rodriguez) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 35 - 134
    4  and insert:
    5  American Families Everywhere (SAFE) Act.”
    6         Section 2. Present subsections (15) through (20) of section
    7  320.02, Florida Statutes, are redesignated as subsections (16)
    8  through (21), respectively, and a new subsection (15) is added
    9  to that section, to read:
   10         320.02 Registration required; application for registration;
   11  forms.—
   12         (15)The application form for motor vehicle registration
   13  must include language allowing an applicant to voluntarily
   14  indicate that the applicant has been diagnosed with, or is the
   15  parent or legal guardian of a child or ward who has been
   16  diagnosed with, any of the following disabilities or disorders
   17  by a physician licensed under chapter 458 or chapter 459:
   18         (a)Autism.
   19         (b)Attention deficit hyperactivity disorder.
   20         (c)Down syndrome.
   21         (d)Alzheimer’s disease.
   22         (e)Traumatic brain injury.
   23         (f)Posttraumatic stress disorder.
   24         (g)Diabetes.
   25         (h)An autoimmune disorder.
   26         (i)Deafness.
   27         (j)Blindness.
   28         (k)Any other mentally or physically limiting disorder.
   30  If the applicant indicates one of the diagnoses listed above on
   31  the application and provides proof acceptable to the department
   32  of such diagnosis, the information from the application must be
   33  included through the Driver and Vehicle Information Database and
   34  available through the Florida Crime Information Center system.
   35  The department must allow a motor vehicle owner or co-owner to
   36  update a motor vehicle registration to include or remove
   37  information regarding a diagnosis under this subsection at any
   38  time.
   39         Section 3. Paragraph (b) of subsection (9) of section
   40  320.27, Florida Statutes, is amended to read:
   41         320.27 Motor vehicle dealers.—
   43         (b) The department may deny, suspend, or revoke any license
   44  issued hereunder or under the provisions of s. 320.77 or s.
   45  320.771 upon proof that a licensee has committed, with
   46  sufficient frequency so as to establish a pattern of wrongdoing
   47  on the part of a licensee, violations of one or more of the
   48  following activities:
   49         1. Representation that a demonstrator is a new motor
   50  vehicle, or the attempt to sell or the sale of a demonstrator as
   51  a new motor vehicle without written notice to the purchaser that
   52  the vehicle is a demonstrator. For the purposes of this section,
   53  a “demonstrator,” a “new motor vehicle,” and a “used motor
   54  vehicle” shall be defined as under s. 320.60.
   55         2. Unjustifiable refusal to comply with a licensee’s
   56  responsibility under the terms of the new motor vehicle warranty
   57  issued by its respective manufacturer, distributor, or importer.
   58  However, if such refusal is at the direction of the
   59  manufacturer, distributor, or importer, such refusal shall not
   60  be a ground under this section.
   61         3. Misrepresentation or false, deceptive, or misleading
   62  statements with regard to the sale or financing of motor
   63  vehicles which any motor vehicle dealer has, or causes to have,
   64  advertised, printed, displayed, published, distributed,
   65  broadcast, televised, or made in any manner with regard to the
   66  sale or financing of motor vehicles.
   67         4. Failure by any motor vehicle dealer to provide a
   68  customer or purchaser with an odometer disclosure statement and
   69  a copy of any bona fide written, executed sales contract or
   70  agreement of purchase connected with the purchase of the motor
   71  vehicle purchased by the customer or purchaser.
   72         5. Failure of any motor vehicle dealer to comply with the
   73  terms of any bona fide written, executed agreement, pursuant to
   74  the sale of a motor vehicle.
   75         6. Failure to apply for transfer of a title as prescribed
   76  in s. 319.23(6).
   77         7. Use of the dealer license identification number by any
   78  person other than the licensed dealer or his or her designee.
   79         8. Failure to continually meet the requirements of the
   80  licensure law.
   81         9. Representation to a customer or any advertisement to the
   82  public representing or suggesting that a motor vehicle is a new
   83  motor vehicle if such vehicle lawfully cannot be titled in the
   84  name of the customer or other member of the public by the seller
   85  using a manufacturer’s statement of origin as permitted in s.
   86  319.23(1).
   87         10. Requirement by any motor vehicle dealer that a customer
   88  or purchaser accept equipment on his or her motor vehicle which
   89  was not ordered by the customer or purchaser.
   90         11. Requirement by any motor vehicle dealer that any
   91  customer or purchaser finance a motor vehicle with a specific
   92  financial institution or company.
   93         12. Requirement by any motor vehicle dealer that the
   94  purchaser of a motor vehicle contract with the dealer for
   95  physical damage insurance.
   96         13. Perpetration of a fraud upon any person as a result of
   97  dealing in motor vehicles, including, without limitation, the
   98  misrepresentation to any person by the licensee of the
   99  licensee’s relationship to any manufacturer, importer, or
  100  distributor.
  101         14. Violation of any of the provisions of s. 319.35 by any
  102  motor vehicle dealer.
  103         15. Sale by a motor vehicle dealer of a vehicle offered in
  104  trade by a customer prior to consummation of the sale, exchange,
  105  or transfer of a newly acquired vehicle to the customer, unless
  106  the customer provides written authorization for the sale of the
  107  trade-in vehicle prior to delivery of the newly acquired
  108  vehicle.
  109         16. Willful failure to comply with any administrative rule
  110  adopted by the department or the provisions of s. 320.131(8).
  111         17. Violation of chapter 319, this chapter, or ss. 559.901
  112  559.9221, which has to do with dealing in or repairing motor
  113  vehicles or mobile homes. Additionally, in the case of used
  114  motor vehicles, the willful violation of the federal law and
  115  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  116  consumer sales window form.
  117         18. Failure to maintain evidence of notification to the
  118  owner or co-owner of a vehicle regarding registration or titling
  119  fees owed as required in s. 320.02(18) s. 320.02(17).
  120         19. Failure to register a mobile home salesperson with the
  121  department as required by this section.
  122         Section 4. This act shall take effect October 1, 2024.
  124  ================= T I T L E  A M E N D M E N T ================
  125  And the title is amended as follows:
  126         Delete lines 4 - 11
  127  and insert:
  128         title; amending s. 320.02, F.S.; requiring that
  129         certain language on an application for motor vehicle
  130         registration in order allow an applicant to indicate
  131         that he or she has been diagnosed with, or is the
  132         parent or legal guardian of a child or ward who has
  133         been diagnosed with, specified disabilities or
  134         disorders; requiring that certain information be
  135         included in a specified database and system if an
  136         applicant indicates a certain diagnosis and provides
  137         proof of such; requiring the Department of Highway
  138         Safety and Motor Vehicles to allow specified persons
  139         to update a motor vehicle registration to include or
  140         remove information regarding a diagnosis at any time;
  141         amending s. 320.27, F.S.;