January 27, 2021
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       Florida Senate - 2010                             CS for SB 1182
       
       
       
       By the Committee on Community Affairs; and Senator Crist
       
       
       
       
       578-04317-10                                          20101182c1
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s. 261.03,
    3         F.S.; redefining the term “ROV”; amending s. 316.1905,
    4         F.S.; conforming provisions; amending s. 316.1951,
    5         F.S.; removing a requirement that the Department of
    6         Highway Safety and Motor Vehicles adopt a uniform
    7         written notice to be used to enforce provisions that
    8         prohibit parking a motor vehicle on certain property
    9         for the purpose of displaying the motor vehicle as
   10         being for sale, hire, or rental; removing a
   11         requirement that each law enforcement agency provide
   12         its own notice for such enforcement; authorizing a
   13         code enforcement officer from any local government
   14         agency to enforce such provisions; providing that the
   15         owner of a vehicle parked in violation of such
   16         provisions is subject to a fine in addition to towing
   17         and storage fees; providing procedures for the release
   18         of an impounded vehicle; amending s. 317.0003, F.S.;
   19         redefining the term “ROV”; amending s. 318.14, F.S.;
   20         providing a lifetime limitation on the number of times
   21         a person may elect to attend a driver improvement
   22         course in lieu of a court appearance; amending s.
   23         318.18, F.S.; specifying a fine for a vehicle that is
   24         displayed for sale, hire, or rental in violation of
   25         such provisions; providing for the disposition of such
   26         fines; amending s. 319.225, F.S.; prohibiting the
   27         department from requiring the signature of the
   28         transferor to be notarized on certain motor vehicle
   29         title transfer forms relating to mileage of the
   30         vehicle; requiring the forms to include an affidavit
   31         declaring facts in the document to be true; amending
   32         s. 319.23, F.S.; providing that, under certain
   33         circumstances, a motor vehicle dealer is not required
   34         to apply for a certificate of title for a motor
   35         vehicle sold to a general purchaser who resides
   36         outside the state; amending s. 320.02, F.S.; directing
   37         the department to place the name of the owner of a
   38         motor vehicle on the list of persons who may not be
   39         issued a license plate or revalidation sticker if that
   40         person is on a list submitted to the department by a
   41         licensed dealer; amending s. 320.27, F.S.; clarifying
   42         an exemption from certain dealer prelicensing
   43         requirements; removing a requirement for evaluation of
   44         privatized applicant training methods; limiting the
   45         issuance to a licensed dealer of supplemental off
   46         premises sale licenses; authorizing dealer records to
   47         be kept in either paper or electronic form; providing
   48         procedures for transfer of documents to electronic
   49         form; authorizing a dealer training school to cancel
   50         the training certificate issued to a student for
   51         certain actions relating to payments made to the
   52         school; amending s. 322.0261, F.S.; providing an
   53         exemption from a requirement to attend a driver
   54         improvement course for drivers if adjudication is
   55         withheld by the court; providing an effective date.
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Subsection (9) of section 261.03, Florida
   60  Statutes, is amended to read:
   61         261.03 Definitions.—As used in this chapter, the term:
   62         (9) “ROV” means any motorized recreational off-highway
   63  vehicle 64 60 inches or less in width, having a dry weight of
   64  2,000 1,500 pounds or less, designed to travel on four or more
   65  nonhighway tires, having nonstraddle seating and a steering
   66  wheel, and manufactured for recreational use by one or more
   67  persons. The term “ROV” does not include a golf cart as defined
   68  in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
   69  defined in s. 320.01(42).
   70         Section 2. Paragraph (a) of subsection (3) of section
   71  316.1905, Florida Statutes, is amended to read:
   72         316.1905 Electrical, mechanical, or other speed calculating
   73  devices; power of arrest; evidence.—
   74         (3)(a) A witness otherwise qualified to testify shall be
   75  competent to give testimony against an accused violator of the
   76  speed motor vehicle laws of this state only when such testimony
   77  is derived from the use of such an electronic, electrical,
   78  mechanical, or other device used in the calculation of speed,
   79  upon showing that the speed calculating device which was used
   80  had been tested. However, the operator of any visual average
   81  speed computer device shall first be certified as a competent
   82  operator of such device by the department.
   83         Section 3. Section 316.1951, Florida Statutes, is amended
   84  to read:
   85         316.1951 Parking for certain purposes prohibited; sale of
   86  motor vehicles; prohibited acts.—
   87         (1) It is unlawful for any person to park a motor vehicle,
   88  as defined in s. 320.01, upon a public street or highway, upon a
   89  public parking lot, or other public property, or upon private
   90  property where the public has the right to travel by motor
   91  vehicle, for the principal purpose and intent of displaying the
   92  motor vehicle thereon for sale, hire, or rental unless the sale,
   93  hire, or rental of the motor vehicle is specifically authorized
   94  on such property by municipal or county regulation and the
   95  person is in compliance with all municipal or county licensing
   96  regulations.
   97         (2) The provisions of subsection (1) do not prohibit a
   98  person from parking his or her own motor vehicle or his or her
   99  other personal property on any private real property which the
  100  person owns or leases or on private real property which the
  101  person does not own or lease, but for which he or she obtains
  102  the permission of the owner, or on the public street immediately
  103  adjacent thereto, for the principal purpose and intent of sale,
  104  hire, or rental.
  105         (3) Subsection (1) does not prohibit a licensed motor
  106  vehicle dealer from displaying for sale or offering for sale
  107  motor vehicles at locations other than the dealer’s licensed
  108  location if the dealer has been issued a supplemental license
  109  for off-premises sales, as provided in s. 320.27(5), and has
  110  complied with the requirements in subsection (1). A vehicle
  111  displayed for sale by a licensed dealer at any location other
  112  than the dealer’s licensed location is subject to immediate
  113  removal without warning.
  114         (4) The Department of Highway Safety and Motor Vehicles
  115  shall adopt by rule a uniform written notice to be used to
  116  enforce this section. Each law enforcement agency in this state
  117  shall provide, at each agency’s expense, the notice forms
  118  necessary to enforce this section.
  119         (4)(5) A law enforcement officer, compliance officer, code
  120  enforcement officer from any local government agency, or
  121  supervisor of the department may cause to be removed at the
  122  owner’s expense any motor vehicle found in violation of
  123  subsections subsection (1), (5), (6), (7) and (8) or will be
  124  assessed a penalty as prescribed in s. 318.18(21), by the
  125  governing authority ordering the vehicle’s removal. Before the
  126  vehicle can be released from an impound or tow facility, a
  127  release form, prescribed by the Department of Highway Safety and
  128  Motor Vehicles, must be completed signifying that the fine has
  129  been paid to the governing authority that ordered the vehicle’s
  130  removal. The towing and storage entity may collect towing or
  131  storage fees prior to the payment of the fine or before the
  132  release form has been completed which has been parked in one
  133  location for more than 24 hours after a written notice has been
  134  issued. Every written notice issued pursuant to this section
  135  shall be affixed in a conspicuous place upon a vehicle by a law
  136  enforcement officer, compliance officer, or supervisor of the
  137  department. Any vehicle found in violation of subsection (1)
  138  within 30 days after a previous violation and written notice is
  139  subject to immediate removal without an additional waiting
  140  period.
  141         (5)(6) It is unlawful to offer a vehicle for sale if the
  142  vehicle identification number has been destroyed, removed,
  143  covered, altered, or defaced, as described in s. 319.33(1)(d). A
  144  vehicle found in violation of this subsection is subject to
  145  immediate removal without warning.
  146         (6)(7) It is unlawful to knowingly attach to any motor
  147  vehicle a registration that was not assigned or lawfully
  148  transferred to the vehicle pursuant to s. 320.261. A vehicle
  149  found in violation of this subsection is subject to immediate
  150  removal without warning.
  151         (7)(8) It is unlawful to display or offer for sale a
  152  vehicle that does not have a valid registration as provided in
  153  s. 320.02. A vehicle found in violation of this subsection is
  154  subject to immediate removal without warning. This subsection
  155  does not apply to vehicles and recreational vehicles being
  156  offered for sale through motor vehicle auctions as defined in s.
  157  320.27(1)(c)4.
  158         (8)(9) A vehicle is subject to immediate removal without
  159  warning if it bears a telephone number that has been displayed
  160  on three or more vehicles offered for sale within a 12-month
  161  period.
  162         (9)(10) Any other provision of law to the contrary
  163  notwithstanding, a violation of subsection (1) shall subject the
  164  owner of such motor vehicle to towing fees reasonably
  165  necessitated by removal and storage of the motor vehicle and a
  166  fine as required by s. 318.18.
  167         (10)(11) This section does not prohibit the governing body
  168  of a municipality or county, with respect to streets, highways,
  169  or other property under its jurisdiction, from regulating the
  170  parking of motor vehicles for any purpose.
  171         (11)(12) A violation of this section is a noncriminal
  172  traffic infraction, punishable as a nonmoving violation as
  173  provided in chapter 318, unless otherwise mandated by general
  174  law.
  175         Section 4. Subsection (9) of section 317.0003, Florida
  176  Statutes, is amended to read:
  177         317.0003 Definitions.—As used in this chapter, the term:
  178         (9) “ROV” means any motorized recreational off-highway
  179  vehicle 64 60 inches or less in width, having a dry weight of
  180  2,000 1,500 pounds or less, designed to travel on four or more
  181  nonhighway tires, having nonstraddle seating and a steering
  182  wheel, and manufactured for recreational use by one or more
  183  persons. The term “ROV” does not include a golf cart as defined
  184  in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
  185  defined in s. 320.01(42).
  186         Section 5. Subsection (9) of section 318.14, Florida
  187  Statutes, is amended to read:
  188         318.14 Noncriminal traffic infractions; exception;
  189  procedures.—
  190         (9) Any person who does not hold a commercial driver’s
  191  license and who is cited for an infraction under this section
  192  other than a violation of s. 316.183(2), s. 316.187, or s.
  193  316.189 when the driver exceeds the posted limit by 30 miles per
  194  hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
  195  s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
  196  appearance, elect to attend in the location of his or her choice
  197  within this state a basic driver improvement course approved by
  198  the Department of Highway Safety and Motor Vehicles. In such a
  199  case, adjudication must be withheld and points, as provided by
  200  s. 322.27, may not be assessed. However, a person may not make
  201  an election under this subsection if the person has made an
  202  election under this subsection in the preceding 12 months. A
  203  person may make no more than five elections within his or her
  204  lifetime 10 years under this subsection. The requirement for
  205  community service under s. 318.18(8) is not waived by a plea of
  206  nolo contendere or by the withholding of adjudication of guilt
  207  by a court. If a person makes an election to attend a basic
  208  driver improvement course under this subsection, 18 percent of
  209  the civil penalty imposed under s. 318.18(3) shall be deposited
  210  in the State Courts Revenue Trust Fund; however, that portion is
  211  not revenue for purposes of s. 28.36 and may not be used in
  212  establishing the budget of the clerk of the court under that
  213  section or s. 28.35.
  214         Section 6. Subsection (21) is added to section 318.18,
  215  Florida Statutes, to read:
  216         318.18 Amount of penalties.—The penalties required for a
  217  noncriminal disposition pursuant to s. 318.14 or a criminal
  218  offense listed in s. 318.17 are as follows:
  219         (21) One hundred dollars for a violation of s. 316.1951 for
  220  a vehicle that is unlawfully displayed for sale, hire, or
  221  rental. This fine shall be retained by the governing authority
  222  authorizing the vehicle to be towed. Fines collected by the
  223  Department of Highway Safety and Motor Vehicles shall be
  224  deposited into the Highway Safety Operating Trust Fund.
  225         Section 7. Paragraphs (a) and (b) of subsection (6) of
  226  section 319.225, Florida Statutes, are amended to read:
  227         319.225 Transfer and reassignment forms; odometer
  228  disclosure statements.—
  229         (6)(a) If the certificate of title is physically held by a
  230  lienholder, the transferor may give a power of attorney to his
  231  or her transferee for the purpose of odometer disclosure. The
  232  power of attorney must be on a form issued or authorized by the
  233  department, which form must be in compliance with 49 C.F.R. ss.
  234  580.4 and 580.13. The department shall not require the signature
  235  of the transferor to be notarized on the form; however, in lieu
  236  of notarization, the form shall include an affidavit with the
  237  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  238  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  239  ARE TRUE. The transferee shall sign the power of attorney form,
  240  print his or her name, and return a copy of the power of
  241  attorney form to the transferor. Upon receipt of a title
  242  certificate, the transferee shall complete the space for mileage
  243  disclosure on the title certificate exactly as the mileage was
  244  disclosed by the transferor on the power of attorney form. If
  245  the transferee is a licensed motor vehicle dealer who is
  246  transferring the vehicle to a retail purchaser, the dealer shall
  247  make application on behalf of the retail purchaser as provided
  248  in s. 319.23(6) and shall submit the original power of attorney
  249  form to the department with the application for title and the
  250  transferor’s title certificate; otherwise, a dealer may reassign
  251  the title certificate by using the dealer reassignment form in
  252  the manner prescribed in subsection (3), and, at the time of
  253  physical transfer of the vehicle, the original power of attorney
  254  shall be delivered to the person designated as the transferee of
  255  the dealer on the dealer reassignment form. A copy of the
  256  executed power of attorney shall be submitted to the department
  257  with a copy of the executed dealer reassignment form within 5
  258  business days after the certificate of title and dealer
  259  reassignment form are delivered by the dealer to its transferee.
  260         (b) If the certificate of title is lost or otherwise
  261  unavailable, the transferor may give a power of attorney to his
  262  or her transferee for the purpose of odometer disclosure. The
  263  power of attorney must be on a form issued or authorized by the
  264  department, which form must be in compliance with 49 C.F.R. ss.
  265  580.4 and 580.13. The department shall not require the signature
  266  of the transferor to be notarized on the form; however, in lieu
  267  of notarization, the form shall include an affidavit with the
  268  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  269  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  270  ARE TRUE. The transferee shall sign the power of attorney form,
  271  print his or her name, and return a copy of the power of
  272  attorney form to the transferor. Upon receipt of the title
  273  certificate or a duplicate title certificate, the transferee
  274  shall complete the space for mileage disclosure on the title
  275  certificate exactly as the mileage was disclosed by the
  276  transferor on the power of attorney form. If the transferee is a
  277  licensed motor vehicle dealer who is transferring the vehicle to
  278  a retail purchaser, the dealer shall make application on behalf
  279  of the retail purchaser as provided in s. 319.23(6) and shall
  280  submit the original power of attorney form to the department
  281  with the application for title and the transferor’s title
  282  certificate or duplicate title certificate; otherwise, a dealer
  283  may reassign the title certificate by using the dealer
  284  reassignment form in the manner prescribed in subsection (3),
  285  and, at the time of physical transfer of the vehicle, the
  286  original power of attorney shall be delivered to the person
  287  designated as the transferee of the dealer on the dealer
  288  reassignment form. A copy of the executed power of attorney
  289  shall be submitted to the department with a copy of the executed
  290  dealer reassignment form within 5 business days after the
  291  duplicate certificate of title and dealer reassignment form are
  292  delivered by the dealer to its transferee.
  293         Section 8. Subsection (6) of section 319.23, Florida
  294  Statutes, is amended to read:
  295         319.23 Application for, and issuance of, certificate of
  296  title.—
  297         (6)(a) In the case of the sale of a motor vehicle or mobile
  298  home by a licensed dealer to a general purchaser, the
  299  certificate of title must be obtained in the name of the
  300  purchaser by the dealer upon application signed by the
  301  purchaser, and in each other case such certificate must be
  302  obtained by the purchaser. In each case of transfer of a motor
  303  vehicle or mobile home, the application for a certificate of
  304  title, a or corrected certificate, or an assignment or
  305  reassignment, must be filed within 30 days after from the
  306  delivery of the motor vehicle or mobile home to the purchaser.
  307  An applicant must pay a fee of $20, in addition to all other
  308  fees and penalties required by law, for failing to file such
  309  application within the specified time. In the case of the sale
  310  of a motor vehicle by a licensed motor vehicle dealer to a
  311  general purchaser who resides in another state or country, the
  312  dealer is not required to apply for a certificate of title for
  313  the motor vehicle; however, the dealer must transfer ownership
  314  and reassign the certificate of title or manufacturer’s
  315  certificate of origin to the purchaser, and the purchaser must
  316  sign an affidavit, as approved by the department, that the
  317  purchaser will title and register the motor vehicle in another
  318  state or country.
  319         (b) If a licensed dealer acquires a motor vehicle or mobile
  320  home as a trade-in, the dealer must file with the department,
  321  within 30 days, a notice of sale signed by the seller. The
  322  department shall update its database for that title record to
  323  indicate “sold.” A licensed dealer need not apply for a
  324  certificate of title for any motor vehicle or mobile home in
  325  stock acquired for stock purposes except as provided in s.
  326  319.225.
  327         Section 9. Subsection (16) of section 320.02, Florida
  328  Statutes, is amended to read:
  329         320.02 Registration required; application for registration;
  330  forms.—
  331         (16) The department is authorized to withhold registration
  332  or re-registration of a motor vehicle if the name of the owner
  333  or of a coowner appears on a list submitted to the department by
  334  a licensed motor vehicle dealer for a previous registration of
  335  that vehicle. The department shall place the name of the
  336  registered owner of that vehicle on the list of those persons
  337  who may not be issued a license plate, revalidation sticker, or
  338  replacement plate for the vehicle purchased from the licensed
  339  motor vehicle dealer. The motor vehicle dealer must maintain
  340  signed evidence that the owner or coowner acknowledged the
  341  dealer’s authority to submit the list to the department if he or
  342  she failed to pay and must note the amount for which the owner
  343  or coowner would be responsible for the vehicle registration.
  344  The dealer must maintain the necessary documentation required in
  345  this subsection or face penalties as provided in s. 320.27. This
  346  subsection does not affect the issuance of a title to a motor
  347  vehicle.
  348         (a) The motor vehicle owner or coowner may dispute the
  349  claim that money is owed to a dealer for registration fees by
  350  submitting a form to the department if the motor vehicle owner
  351  or coowner has documentary proof that the registration fees have
  352  been paid to the dealer for the disputed amount. Without clear
  353  evidence of the amounts owed for the vehicle registration and
  354  repayment, the department will assume initial payments are
  355  applied to government-assessed fees first.
  356         (b) If the registered owner’s dispute complies with
  357  paragraph (a), the department shall immediately remove the motor
  358  vehicle owner or coowner’s name from the list, thereby allowing
  359  the issuance of a license plate or revalidation sticker.
  360         Section 10. Subsections (4), (5), and (6) and paragraph (a)
  361  of subsection (9) of section 320.27, Florida Statutes, are
  362  amended to read:
  363         320.27 Motor vehicle dealers.—
  364         (4) LICENSE CERTIFICATE.—
  365         (a) A license certificate shall be issued by the department
  366  in accordance with such application when the application is
  367  regular in form and in compliance with the provisions of this
  368  section. The license certificate may be in the form of a
  369  document or a computerized card as determined by the department.
  370  The actual cost of each original, additional, or replacement
  371  computerized card shall be borne by the licensee and is in
  372  addition to the fee for licensure. Such license, when so issued,
  373  entitles the licensee to carry on and conduct the business of a
  374  motor vehicle dealer. Each license issued to a franchise motor
  375  vehicle dealer expires annually on December 31 unless revoked or
  376  suspended prior to that date. Each license issued to an
  377  independent or wholesale dealer or auction expires annually on
  378  April 30 unless revoked or suspended prior to that date. Not
  379  less than 60 days prior to the license expiration date, the
  380  department shall deliver or mail to each licensee the necessary
  381  renewal forms. Each independent dealer shall certify that the
  382  dealer (owner, partner, officer, or director of the licensee, or
  383  a full-time employee of the licensee that holds a responsible
  384  management-level position) has completed 8 hours of continuing
  385  education prior to filing the renewal forms with the department.
  386  Such certification shall be filed once every 2 years commencing
  387  with the 2006 renewal period. The continuing education shall
  388  include at least 2 hours of legal or legislative issues, 1 hour
  389  of department issues, and 5 hours of relevant motor vehicle
  390  industry topics. Continuing education shall be provided by
  391  dealer schools licensed under paragraph (b) either in a
  392  classroom setting or by correspondence. Such schools shall
  393  provide certificates of completion to the department and the
  394  customer which shall be filed with the license renewal form, and
  395  such schools may charge a fee for providing continuing
  396  education. Any licensee who does not file his or her application
  397  and fees and any other requisite documents, as required by law,
  398  with the department at least 30 days prior to the license
  399  expiration date shall cease to engage in business as a motor
  400  vehicle dealer on the license expiration date. A renewal filed
  401  with the department within 45 days after the expiration date
  402  shall be accompanied by a delinquent fee of $100. Thereafter, a
  403  new application is required, accompanied by the initial license
  404  fee. A license certificate duly issued by the department may be
  405  modified by endorsement to show a change in the name of the
  406  licensee, provided, as shown by affidavit of the licensee, the
  407  majority ownership interest of the licensee has not changed or
  408  the name of the person appearing as franchisee on the sales and
  409  service agreement has not changed. Modification of a license
  410  certificate to show any name change as herein provided shall not
  411  require initial licensure or reissuance of dealer tags; however,
  412  any dealer obtaining a name change shall transact all business
  413  in and be properly identified by that name. All documents
  414  relative to licensure shall reflect the new name. In the case of
  415  a franchise dealer, the name change shall be approved by the
  416  manufacturer, distributor, or importer. A licensee applying for
  417  a name change endorsement shall pay a fee of $25 which fee shall
  418  apply to the change in the name of a main location and all
  419  additional locations licensed under the provisions of subsection
  420  (5). Each initial license application received by the department
  421  shall be accompanied by verification that, within the preceding
  422  6 months, the applicant, or one or more of his or her designated
  423  employees, has attended a training and information seminar
  424  conducted by a licensed motor vehicle dealer training school.
  425  Any applicant for a new franchised motor vehicle dealer license
  426  who has held a valid franchised motor vehicle dealer license
  427  continuously for the past 2 years and who remains in good
  428  standing with the department is exempt from the prelicensing
  429  training requirement. Such seminar shall include, but is not
  430  limited to, statutory dealer requirements, which requirements
  431  include required bookkeeping and recordkeeping procedures,
  432  requirements for the collection of sales and use taxes, and such
  433  other information that in the opinion of the department will
  434  promote good business practices. No seminar may exceed 8 hours
  435  in length.
  436         (b) Each initial license application received by the
  437  department for licensure under subparagraph (1)(c)2. shall must
  438  be accompanied by verification that, within the preceding 6
  439  months, the applicant (owner, partner, officer, or director of
  440  the applicant, or a full-time employee of the applicant that
  441  holds a responsible management-level position) has successfully
  442  completed training conducted by a licensed motor vehicle dealer
  443  training school. Such training must include training in titling
  444  and registration of motor vehicles, laws relating to unfair and
  445  deceptive trade practices, laws relating to financing with
  446  regard to buy-here, pay-here operations, and such other
  447  information that in the opinion of the department will promote
  448  good business practices. Successful completion of this training
  449  shall be determined by examination administered at the end of
  450  the course and attendance of no less than 90 percent of the
  451  total hours required by such school. Any applicant who had held
  452  a valid motor vehicle dealer’s license continuously within the
  453  past 2 years and who remains in good standing with the
  454  department is exempt from the prelicensing requirements of this
  455  section paragraph. The department shall have the authority to
  456  adopt any rule necessary for establishing the training
  457  curriculum; length of training, which shall not exceed 8 hours
  458  for required department topics and shall not exceed an
  459  additional 24 hours for topics related to other regulatory
  460  agencies’ instructor qualifications; and any other requirements
  461  under this section. The curriculum for other subjects shall be
  462  approved by any and all other regulatory agencies having
  463  jurisdiction over specific subject matters; however, the overall
  464  administration of the licensing of these dealer schools and
  465  their instructors shall remain with the department. Such schools
  466  are authorized to charge a fee. This privatized method for
  467  training applicants for dealer licensing pursuant to
  468  subparagraph (1)(c)2. is a pilot program that shall be evaluated
  469  by the department after it has been in operation for a period of
  470  2 years.
  471         (5) SUPPLEMENTAL LICENSE.—Any person licensed hereunder
  472  shall obtain a supplemental license for each permanent
  473  additional place or places of business not contiguous to the
  474  premises for which the original license is issued, on a form to
  475  be furnished by the department, and upon payment of a fee of $50
  476  for each such additional location. Upon making renewal
  477  applications for such supplemental licenses, such applicant
  478  shall pay $50 for each additional location. A supplemental
  479  license authorizing off-premises sales shall be issued, at no
  480  charge to the dealer, for a period not to exceed 10 consecutive
  481  calendar days at the authorized location; however, an off
  482  premises sale supplemental license under this subsection shall
  483  not be issued more often than five times in any calendar month.
  484  To obtain such a temporary supplemental license for off-premises
  485  sales, the applicant must be a licensed dealer; must notify the
  486  applicable local department office of the specific dates and
  487  location for which such license is requested, display a sign at
  488  the licensed location clearly identifying the dealer, and
  489  provide staff to work at the temporary location for the duration
  490  of the off-premises sale; must meet any local government
  491  permitting requirements; and must have permission of the
  492  property owner to sell at that location. In the case of an off
  493  premises sale by a motor vehicle dealer licensed under
  494  subparagraph (1)(c)1. for the sale of new motor vehicles, the
  495  applicant must also include documentation notifying the
  496  applicable licensee licensed under s. 320.61 of the intent to
  497  engage in an off-premises sale 5 working days prior to the date
  498  of the off-premises sale. The licensee shall either approve or
  499  disapprove of the off-premises sale within 2 working days after
  500  receiving notice; otherwise, it will be deemed approved. This
  501  section does not apply to a nonselling motor vehicle show or
  502  public display of new motor vehicles.
  503         (6) RECORDS TO BE KEPT BY LICENSEE.—Every licensee shall
  504  keep a book or record in either paper or electronic such form as
  505  shall be prescribed or approved by the department for a period
  506  of 5 years, in which the licensee shall keep a record of the
  507  purchase, sale, or exchange, or receipt for the purpose of sale,
  508  of any motor vehicle, the date upon which any temporary tag was
  509  issued, the date of title transfer, and a description of such
  510  motor vehicle together with the name and address of the seller,
  511  the purchaser, and the alleged owner or other person from whom
  512  such motor vehicle was purchased or received or to whom it was
  513  sold or delivered, as the case may be. Such description shall
  514  include the identification or engine number, maker’s number, if
  515  any, chassis number, if any, and such other numbers or
  516  identification marks as may be thereon and shall also include a
  517  statement that a number has been obliterated, defaced, or
  518  changed, if such is the fact. When a licensee chooses to
  519  maintain electronic records, the original paper documents may be
  520  destroyed after the licensee successfully transfers title and
  521  registration to the purchaser as required by chapter 319 for any
  522  purchaser who titles and registers the motor vehicle in this
  523  state. In the case of a sale to a purchaser who will title and
  524  register the motor vehicle in another state or country, the
  525  licensee may destroy the original paper documents after
  526  successfully delivering a lawfully reassigned title or
  527  manufacturer’s certificate or statement of origin to the
  528  purchaser and after producing electronic images of all documents
  529  related to the sale.
  530         (9) DENIAL, SUSPENSION, OR REVOCATION.—
  531         (a) The department may deny, suspend, or revoke any license
  532  issued hereunder or under the provisions of s. 320.77 or s.
  533  320.771, upon proof that an applicant or a licensee has
  534  committed any of the following activities:
  535         1. Committed Commission of fraud or willful
  536  misrepresentation in application for or in obtaining a license.
  537         2. Been convicted Conviction of a felony.
  538         3. Failed Failure to honor a bank draft or check given to a
  539  motor vehicle dealer for the purchase of a motor vehicle by
  540  another motor vehicle dealer within 10 days after notification
  541  that the bank draft or check has been dishonored. If the
  542  transaction is disputed, the maker of the bank draft or check
  543  shall post a bond in accordance with the provisions of s.
  544  559.917, and no proceeding for revocation or suspension shall be
  545  commenced until the dispute is resolved.
  546         4.a. Failed to provide payment within 10 business days to
  547  the department for a check payable to the department that was
  548  dishonored due to insufficient funds in the amount due plus any
  549  statutorily authorized fee for uttering a worthless check. The
  550  department shall notify an applicant or licensee when the
  551  applicant or licensee makes payment to the department by a check
  552  that is subsequently dishonored by the bank due to insufficient
  553  funds. The applicant or licensee shall, within 10 business days
  554  after receiving the notice, provide payment to the department in
  555  the form of cash in the amount due plus any statutorily
  556  authorized fee.
  557         b. Stopped payment on a check payable to the department,
  558  issued a check payable to the department from an account that
  559  has been closed, or charged back a credit card transaction to
  560  the department.
  561         5.a. Failed to provide payment in the amount of tuition due
  562  plus any statutorily authorized fee within 10 business days to a
  563  licensed motor vehicle dealer training school for a check
  564  payable to the school that was dishonored due to insufficient
  565  funds in the amount of tuition due plus any statutorily
  566  authorized fee for uttering a worthless check. A licensed motor
  567  vehicle dealer training school shall notify a student when the
  568  student makes payment to the school by a check that is
  569  subsequently dishonored by the bank due to insufficient funds.
  570  The student shall, within 10 business days after receiving the
  571  notice, provide payment to the school in a manner designated by
  572  the school in the amount of tuition due plus any statutorily
  573  authorized fee. If the student fails to make such payment within
  574  10 business days, the motor vehicle dealer training school may
  575  cancel the training certificate issued to the student and notify
  576  the department of the cancellation of the training certificate.
  577         b. Stopped payment on a check payable to a licensed motor
  578  vehicle dealer training school, issued a check payable to a
  579  licensed motor vehicle dealer training school from an account
  580  that has been closed, or charged back a credit card transaction
  581  to a licensed motor vehicle dealer training school. If a student
  582  commits any such act, the motor vehicle dealer training school
  583  may cancel the training certificate issued to the student and
  584  notify the department of the cancellation of the training
  585  certificate.
  586         Section 11. Subsection (4) of section 322.0261, Florida
  587  Statutes, is amended to read:
  588         322.0261 Driver improvement course; requirement to maintain
  589  driving privileges; failure to complete; department approval of
  590  course.—
  591         (4) The department shall identify any operator convicted
  592  of, or who pleaded nolo contendere to, a violation of s.
  593  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
  594  316.192 and shall require that operator, unless the court
  595  withholds adjudication, in addition to other applicable
  596  penalties, to attend a department-approved driver improvement
  597  course in order to maintain driving privileges. If the operator
  598  fails to complete the course within 90 days after receiving
  599  notice from the department, the operator’s driver license shall
  600  be canceled by the department until the course is successfully
  601  completed.
  602         Section 12. This act shall take effect July 1, 2010.

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