Florida Senate - 2024                       CS for CS for SB 288
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Transportation; and
       Senators Rodriguez, Hooper, Wright, DiCeglie, and Broxson
       606-03289-24                                           2024288c2
    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 a specified designation to be
   11         included in a motor vehicle record; prohibiting
   12         inclusion of specified information in a motor vehicle
   13         record for certain purposes; requiring the Department
   14         of Highway Safety and Motor Vehicles to allow
   15         specified persons to update a motor vehicle
   16         registration to include or remove the specified
   17         designation at any time; amending s. 320.27, F.S.;
   18         conforming a cross-reference; providing an effective
   19         date.
   21         WHEREAS, persons with special needs, including
   22  developmental disabilities and mental illnesses, are among the
   23  most vulnerable within their communities, and
   24         WHEREAS, interacting with law enforcement officers or first
   25  responders in an emergency, such as a motor vehicle crash or
   26  other crisis situation, can be more complex for persons with
   27  special needs, as language, physical, cognitive, learning, or
   28  mental disabilities may create barriers to receiving immediate
   29  and appropriate assistance, and
   30         WHEREAS, providing law enforcement officers and first
   31  responders with advance notice that a person with whom they are
   32  about to interact has a developmental disability, mental
   33  illness, or other special need will improve communication,
   34  reduce unnecessary adverse actions, and ensure that the person
   35  receives the specific response and care he or she requires, NOW,
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. This act may be cited as the Safeguarding
   41  American Families Everywhere (SAFE) Act.”
   42         Section 2. Present subsections (15) through (20) of section
   43  320.02, Florida Statutes, are redesignated as subsections (16)
   44  through (21), respectively, and a new subsection (15) is added
   45  to that section, to read:
   46         320.02 Registration required; application for registration;
   47  forms.—
   48         (15)The application form for motor vehicle registration
   49  must include language allowing an applicant to voluntarily
   50  indicate that the applicant has been diagnosed with, or is the
   51  parent or legal guardian of a child or ward who has been
   52  diagnosed with, any of the following disabilities or disorders
   53  by a physician licensed under chapter 458 or chapter 459:
   54         (a)Autism.
   55         (b)Attention deficit hyperactivity disorder.
   56         (c)Down syndrome.
   57         (d)Alzheimer’s disease.
   58         (e)Traumatic brain injury.
   59         (f)Posttraumatic stress disorder.
   60         (g)Diabetes.
   61         (h)An autoimmune disorder.
   62         (i)Deafness.
   63         (j)Blindness.
   64         (k)Any other mentally or physically limiting disorder.
   66  If the applicant indicates one of the diagnoses listed above on
   67  the application, the department must include the designation
   68  “SAFE” in the motor vehicle record. For purposes of this
   69  subsection, the department may not include in the motor vehicle
   70  record personal identifying information of or any diagnosis of a
   71  person for whom a diagnosis is indicated. The department must
   72  allow a motor vehicle owner or co-owner to update a motor
   73  vehicle registration to include or remove the “SAFE” designation
   74  under this subsection at any time.
   75         Section 3. Paragraph (b) of subsection (9) of section
   76  320.27, Florida Statutes, is amended to read:
   77         320.27 Motor vehicle dealers.—
   79         (b) The department may deny, suspend, or revoke any license
   80  issued hereunder or under the provisions of s. 320.77 or s.
   81  320.771 upon proof that a licensee has committed, with
   82  sufficient frequency so as to establish a pattern of wrongdoing
   83  on the part of a licensee, violations of one or more of the
   84  following activities:
   85         1. Representation that a demonstrator is a new motor
   86  vehicle, or the attempt to sell or the sale of a demonstrator as
   87  a new motor vehicle without written notice to the purchaser that
   88  the vehicle is a demonstrator. For the purposes of this section,
   89  a “demonstrator,” a “new motor vehicle,” and a “used motor
   90  vehicle” shall be defined as under s. 320.60.
   91         2. Unjustifiable refusal to comply with a licensee’s
   92  responsibility under the terms of the new motor vehicle warranty
   93  issued by its respective manufacturer, distributor, or importer.
   94  However, if such refusal is at the direction of the
   95  manufacturer, distributor, or importer, such refusal shall not
   96  be a ground under this section.
   97         3. Misrepresentation or false, deceptive, or misleading
   98  statements with regard to the sale or financing of motor
   99  vehicles which any motor vehicle dealer has, or causes to have,
  100  advertised, printed, displayed, published, distributed,
  101  broadcast, televised, or made in any manner with regard to the
  102  sale or financing of motor vehicles.
  103         4. Failure by any motor vehicle dealer to provide a
  104  customer or purchaser with an odometer disclosure statement and
  105  a copy of any bona fide written, executed sales contract or
  106  agreement of purchase connected with the purchase of the motor
  107  vehicle purchased by the customer or purchaser.
  108         5. Failure of any motor vehicle dealer to comply with the
  109  terms of any bona fide written, executed agreement, pursuant to
  110  the sale of a motor vehicle.
  111         6. Failure to apply for transfer of a title as prescribed
  112  in s. 319.23(6).
  113         7. Use of the dealer license identification number by any
  114  person other than the licensed dealer or his or her designee.
  115         8. Failure to continually meet the requirements of the
  116  licensure law.
  117         9. Representation to a customer or any advertisement to the
  118  public representing or suggesting that a motor vehicle is a new
  119  motor vehicle if such vehicle lawfully cannot be titled in the
  120  name of the customer or other member of the public by the seller
  121  using a manufacturer’s statement of origin as permitted in s.
  122  319.23(1).
  123         10. Requirement by any motor vehicle dealer that a customer
  124  or purchaser accept equipment on his or her motor vehicle which
  125  was not ordered by the customer or purchaser.
  126         11. Requirement by any motor vehicle dealer that any
  127  customer or purchaser finance a motor vehicle with a specific
  128  financial institution or company.
  129         12. Requirement by any motor vehicle dealer that the
  130  purchaser of a motor vehicle contract with the dealer for
  131  physical damage insurance.
  132         13. Perpetration of a fraud upon any person as a result of
  133  dealing in motor vehicles, including, without limitation, the
  134  misrepresentation to any person by the licensee of the
  135  licensee’s relationship to any manufacturer, importer, or
  136  distributor.
  137         14. Violation of any of the provisions of s. 319.35 by any
  138  motor vehicle dealer.
  139         15. Sale by a motor vehicle dealer of a vehicle offered in
  140  trade by a customer prior to consummation of the sale, exchange,
  141  or transfer of a newly acquired vehicle to the customer, unless
  142  the customer provides written authorization for the sale of the
  143  trade-in vehicle prior to delivery of the newly acquired
  144  vehicle.
  145         16. Willful failure to comply with any administrative rule
  146  adopted by the department or the provisions of s. 320.131(8).
  147         17. Violation of chapter 319, this chapter, or ss. 559.901
  148  559.9221, which has to do with dealing in or repairing motor
  149  vehicles or mobile homes. Additionally, in the case of used
  150  motor vehicles, the willful violation of the federal law and
  151  rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the
  152  consumer sales window form.
  153         18. Failure to maintain evidence of notification to the
  154  owner or co-owner of a vehicle regarding registration or titling
  155  fees owed as required in s. 320.02(18) s. 320.02(17).
  156         19. Failure to register a mobile home salesperson with the
  157  department as required by this section.
  158         Section 4. This act shall take effect October 1, 2024.