Florida Senate - 2024                                     SB 288
       By Senator Rodriguez
       40-00317B-24                                           2024288__
    1                        A bill to be entitled                      
    2         An act relating to designation of a certain diagnosis
    3         on motor vehicle registrations; providing a short
    4         title; amending s. 320.02, F.S.; authorizing a motor
    5         vehicle owner or registrant to designate on his or her
    6         application form for motor vehicle registration that
    7         he or she has been diagnosed with, or is the parent or
    8         legal guardian of a child or ward who has been
    9         diagnosed with, a developmental disability or
   10         psychiatric disorder; authorizing removal of such
   11         designation upon request; amending s. 320.27, F.S.;
   12         conforming a cross-reference; providing an effective
   13         date.
   15         WHEREAS, persons with special needs, including
   16  developmental disabilities and mental illnesses, are among the
   17  most vulnerable within their communities, and
   18         WHEREAS, interacting with law enforcement officers or first
   19  responders in an emergency, such as a motor vehicle crash or
   20  other crisis situation, can be more complex for persons with
   21  special needs, as language, physical, cognitive, learning, or
   22  mental disabilities may create barriers to receiving immediate
   23  and appropriate assistance, and
   24         WHEREAS, providing law enforcement officers and first
   25  responders with advance notice that a person with whom they are
   26  about to interact has a developmental disability, mental
   27  illness, or other special need will improve communication,
   28  reduce unnecessary adverse actions, and ensure that the person
   29  receives the specific response and care he or she requires, NOW,
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. This act may be cited as the “Safeguarding
   35  Families Everywhere (SAFE) Act.”
   36         Section 2. Present subsections (15) through (20) of section
   37  320.02, Florida Statutes, are redesignated as subsections (16)
   38  through (21), respectively, and a new subsection (15) is added
   39  to that section, to read:
   40         320.02 Registration required; application for registration;
   41  forms.—
   42         (15)Upon presentation of proof acceptable to the
   43  department, a motor vehicle owner or registrant may designate on
   44  his or her application form for motor vehicle registration that
   45  the owner or registrant has been diagnosed with, or is the
   46  parent or legal guardian of a child or ward who has been
   47  diagnosed with, a developmental disability or psychiatric
   48  disorder by a physician licensed under chapter 458 or chapter
   49  459. Such designation may be removed at any time upon request of
   50  the owner or registrant.
   51         Section 3. Paragraph (b) of subsection (9) of section
   52  320.27, Florida Statutes, is amended to read:
   53         320.27 Motor vehicle dealers.—
   55         (b) The department may deny, suspend, or revoke any license
   56  issued hereunder or under the provisions of s. 320.77 or s.
   57  320.771 upon proof that a licensee has committed, with
   58  sufficient frequency so as to establish a pattern of wrongdoing
   59  on the part of a licensee, violations of one or more of the
   60  following activities:
   61         1. Representation that a demonstrator is a new motor
   62  vehicle, or the attempt to sell or the sale of a demonstrator as
   63  a new motor vehicle without written notice to the purchaser that
   64  the vehicle is a demonstrator. For the purposes of this section,
   65  a “demonstrator,” a “new motor vehicle,” and a “used motor
   66  vehicle” shall be defined as under s. 320.60.
   67         2. Unjustifiable refusal to comply with a licensee’s
   68  responsibility under the terms of the new motor vehicle warranty
   69  issued by its respective manufacturer, distributor, or importer.
   70  However, if such refusal is at the direction of the
   71  manufacturer, distributor, or importer, such refusal shall not
   72  be a ground under this section.
   73         3. Misrepresentation or false, deceptive, or misleading
   74  statements with regard to the sale or financing of motor
   75  vehicles which any motor vehicle dealer has, or causes to have,
   76  advertised, printed, displayed, published, distributed,
   77  broadcast, televised, or made in any manner with regard to the
   78  sale or financing of motor vehicles.
   79         4. Failure by any motor vehicle dealer to provide a
   80  customer or purchaser with an odometer disclosure statement and
   81  a copy of any bona fide written, executed sales contract or
   82  agreement of purchase connected with the purchase of the motor
   83  vehicle purchased by the customer or purchaser.
   84         5. Failure of any motor vehicle dealer to comply with the
   85  terms of any bona fide written, executed agreement, pursuant to
   86  the sale of a motor vehicle.
   87         6. Failure to apply for transfer of a title as prescribed
   88  in s. 319.23(6).
   89         7. Use of the dealer license identification number by any
   90  person other than the licensed dealer or his or her designee.
   91         8. Failure to continually meet the requirements of the
   92  licensure law.
   93         9. Representation to a customer or any advertisement to the
   94  public representing or suggesting that a motor vehicle is a new
   95  motor vehicle if such vehicle lawfully cannot be titled in the
   96  name of the customer or other member of the public by the seller
   97  using a manufacturer’s statement of origin as permitted in s.
   98  319.23(1).
   99         10. Requirement by any motor vehicle dealer that a customer
  100  or purchaser accept equipment on his or her motor vehicle which
  101  was not ordered by the customer or purchaser.
  102         11. Requirement by any motor vehicle dealer that any
  103  customer or purchaser finance a motor vehicle with a specific
  104  financial institution or company.
  105         12. Requirement by any motor vehicle dealer that the
  106  purchaser of a motor vehicle contract with the dealer for
  107  physical damage insurance.
  108         13. Perpetration of a fraud upon any person as a result of
  109  dealing in motor vehicles, including, without limitation, the
  110  misrepresentation to any person by the licensee of the
  111  licensee’s relationship to any manufacturer, importer, or
  112  distributor.
  113         14. Violation of any of the provisions of s. 319.35 by any
  114  motor vehicle dealer.
  115         15. Sale by a motor vehicle dealer of a vehicle offered in
  116  trade by a customer prior to consummation of the sale, exchange,
  117  or transfer of a newly acquired vehicle to the customer, unless
  118  the customer provides written authorization for the sale of the
  119  trade-in vehicle prior to delivery of the newly acquired
  120  vehicle.
  121         16. Willful failure to comply with any administrative rule
  122  adopted by the department or the provisions of s. 320.131(8).
  123         17. Violation of chapter 319, this chapter, or ss. 559.901
  124  559.9221, which has to do with dealing in or repairing motor
  125  vehicles or mobile homes. Additionally, in the case of used
  126  motor vehicles, the willful violation of the federal law and
  127  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  128  consumer sales window form.
  129         18. Failure to maintain evidence of notification to the
  130  owner or co-owner of a vehicle regarding registration or titling
  131  fees owed as required in s. 320.02(18) s. 320.02(17).
  132         19. Failure to register a mobile home salesperson with the
  133  department as required by this section.
  134         Section 4. This act shall take effect July 1, 2024.