Florida Senate - 2024                              CS for SB 288
       By the Committee on Transportation; and Senators Rodriguez and
       596-02953-24                                           2024288c1
    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.; requiring the
    5         application form for motor vehicle registration to
    6         include certain language allowing an applicant to
    7         indicate that he or she has been diagnosed with, or is
    8         the parent or legal guardian of a child or ward who
    9         has been diagnosed with, specified disabilities or
   10         disorders; requiring that certain information be
   11         included in a specified database if an applicant
   12         indicates a certain diagnosis and provides proof of
   13         such; requiring the Department of Highway Safety and
   14         Motor Vehicles to allow specified persons to update a
   15         motor vehicle registration to include or remove
   16         information regarding a diagnosis at any time;
   17         amending s. 320.27, F.S.; conforming a cross
   18         reference; providing an effective date.
   20         WHEREAS, persons with special needs, including
   21  developmental disabilities and mental illnesses, are among the
   22  most vulnerable within their communities, and
   23         WHEREAS, interacting with law enforcement officers or first
   24  responders in an emergency, such as a motor vehicle crash or
   25  other crisis situation, can be more complex for persons with
   26  special needs, as language, physical, cognitive, learning, or
   27  mental disabilities may create barriers to receiving immediate
   28  and appropriate assistance, and
   29         WHEREAS, providing law enforcement officers and first
   30  responders with advance notice that a person with whom they are
   31  about to interact has a developmental disability, mental
   32  illness, or other special need will improve communication,
   33  reduce unnecessary adverse actions, and ensure that the person
   34  receives the specific response and care he or she requires, NOW,
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. This act may be cited as the Safeguarding
   40  American Families Everywhere (SAFE) Act.”
   41         Section 2. Present subsections (15) through (20) of section
   42  320.02, Florida Statutes, are redesignated as subsections (16)
   43  through (21), respectively, and a new subsection (15) is added
   44  to that section, to read:
   45         320.02 Registration required; application for registration;
   46  forms.—
   47         (15)The application form for motor vehicle registration
   48  must include language allowing an applicant to voluntarily
   49  indicate that the applicant has been diagnosed with, or is the
   50  parent or legal guardian of a child or ward who has been
   51  diagnosed with, any of the following disabilities or disorders
   52  by a physician licensed under chapter 458 or chapter 459:
   53         (a)Autism.
   54         (b)Attention deficit hyperactivity disorder.
   55         (c)Down syndrome.
   56         (d)Alzheimer’s disease.
   57         (e)Traumatic brain injury.
   58         (f)Posttraumatic stress disorder.
   59         (g)Diabetes.
   60         (h)An autoimmune disorder.
   61         (i)Deafness.
   62         (j)Blindness.
   63         (k)Any other mentally or physically limiting disorder.
   65  If the applicant indicates one of the diagnoses listed above on
   66  the application and provides proof acceptable to the department
   67  of such diagnosis, the information from the application must be
   68  included through the Driver and Vehicle Information Database.
   69  The department must allow a motor vehicle owner or co-owner to
   70  update a motor vehicle registration to include or remove
   71  information regarding a diagnosis under this subsection at any
   72  time.
   73         Section 3. Paragraph (b) of subsection (9) of section
   74  320.27, Florida Statutes, is amended to read:
   75         320.27 Motor vehicle dealers.—
   77         (b) The department may deny, suspend, or revoke any license
   78  issued hereunder or under the provisions of s. 320.77 or s.
   79  320.771 upon proof that a licensee has committed, with
   80  sufficient frequency so as to establish a pattern of wrongdoing
   81  on the part of a licensee, violations of one or more of the
   82  following activities:
   83         1. Representation that a demonstrator is a new motor
   84  vehicle, or the attempt to sell or the sale of a demonstrator as
   85  a new motor vehicle without written notice to the purchaser that
   86  the vehicle is a demonstrator. For the purposes of this section,
   87  a “demonstrator,” a “new motor vehicle,” and a “used motor
   88  vehicle” shall be defined as under s. 320.60.
   89         2. Unjustifiable refusal to comply with a licensee’s
   90  responsibility under the terms of the new motor vehicle warranty
   91  issued by its respective manufacturer, distributor, or importer.
   92  However, if such refusal is at the direction of the
   93  manufacturer, distributor, or importer, such refusal shall not
   94  be a ground under this section.
   95         3. Misrepresentation or false, deceptive, or misleading
   96  statements with regard to the sale or financing of motor
   97  vehicles which any motor vehicle dealer has, or causes to have,
   98  advertised, printed, displayed, published, distributed,
   99  broadcast, televised, or made in any manner with regard to the
  100  sale or financing of motor vehicles.
  101         4. Failure by any motor vehicle dealer to provide a
  102  customer or purchaser with an odometer disclosure statement and
  103  a copy of any bona fide written, executed sales contract or
  104  agreement of purchase connected with the purchase of the motor
  105  vehicle purchased by the customer or purchaser.
  106         5. Failure of any motor vehicle dealer to comply with the
  107  terms of any bona fide written, executed agreement, pursuant to
  108  the sale of a motor vehicle.
  109         6. Failure to apply for transfer of a title as prescribed
  110  in s. 319.23(6).
  111         7. Use of the dealer license identification number by any
  112  person other than the licensed dealer or his or her designee.
  113         8. Failure to continually meet the requirements of the
  114  licensure law.
  115         9. Representation to a customer or any advertisement to the
  116  public representing or suggesting that a motor vehicle is a new
  117  motor vehicle if such vehicle lawfully cannot be titled in the
  118  name of the customer or other member of the public by the seller
  119  using a manufacturer’s statement of origin as permitted in s.
  120  319.23(1).
  121         10. Requirement by any motor vehicle dealer that a customer
  122  or purchaser accept equipment on his or her motor vehicle which
  123  was not ordered by the customer or purchaser.
  124         11. Requirement by any motor vehicle dealer that any
  125  customer or purchaser finance a motor vehicle with a specific
  126  financial institution or company.
  127         12. Requirement by any motor vehicle dealer that the
  128  purchaser of a motor vehicle contract with the dealer for
  129  physical damage insurance.
  130         13. Perpetration of a fraud upon any person as a result of
  131  dealing in motor vehicles, including, without limitation, the
  132  misrepresentation to any person by the licensee of the
  133  licensee’s relationship to any manufacturer, importer, or
  134  distributor.
  135         14. Violation of any of the provisions of s. 319.35 by any
  136  motor vehicle dealer.
  137         15. Sale by a motor vehicle dealer of a vehicle offered in
  138  trade by a customer prior to consummation of the sale, exchange,
  139  or transfer of a newly acquired vehicle to the customer, unless
  140  the customer provides written authorization for the sale of the
  141  trade-in vehicle prior to delivery of the newly acquired
  142  vehicle.
  143         16. Willful failure to comply with any administrative rule
  144  adopted by the department or the provisions of s. 320.131(8).
  145         17. Violation of chapter 319, this chapter, or ss. 559.901
  146  559.9221, which has to do with dealing in or repairing motor
  147  vehicles or mobile homes. Additionally, in the case of used
  148  motor vehicles, the willful violation of the federal law and
  149  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  150  consumer sales window form.
  151         18. Failure to maintain evidence of notification to the
  152  owner or co-owner of a vehicle regarding registration or titling
  153  fees owed as required in s. 320.02(18) s. 320.02(17).
  154         19. Failure to register a mobile home salesperson with the
  155  department as required by this section.
  156         Section 4. This act shall take effect October 1, 2024.