January 27, 2021
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       Florida Senate - 2010                      CS for CS for SB 1182
       
       
       
       By the Committees on Transportation and Economic Development
       Appropriations; and Community Affairs; and Senator Crist
       
       
       
       606-04859-10                                          20101182c2
    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.; authorizing the use of speed calculating
    5         devices; requiring evidence of certain violations to
    6         be based upon the use of such devices; providing
    7         exceptions; conforming provisions; amending s.
    8         316.1951, F.S.; removing a requirement that the
    9         Department of Highway Safety and Motor Vehicles adopt
   10         a uniform written notice to be used to enforce
   11         provisions that prohibit parking a motor vehicle on
   12         certain property for the purpose of displaying the
   13         motor vehicle as being for sale, hire, or rental;
   14         removing a requirement that each law enforcement
   15         agency provide its own notice for such enforcement;
   16         authorizing a code enforcement officer from any local
   17         government agency to enforce such provisions;
   18         providing that the owner of a vehicle parked in
   19         violation of such provisions is subject to a fine in
   20         addition to towing and storage fees; providing
   21         procedures for the release of an impounded vehicle;
   22         amending s. 317.0003, F.S.; redefining the term “ROV”;
   23         amending s. 318.14, F.S.; providing a lifetime
   24         limitation on the number of times a person may elect
   25         to attend a driver improvement course in lieu of a
   26         court appearance; amending s. 318.18, F.S.; specifying
   27         a fine for a vehicle that is displayed for sale, hire,
   28         or rental in violation of such provisions; providing
   29         for the disposition of such fines; amending s.
   30         319.225, F.S.; prohibiting the department from
   31         requiring the signature of the transferor to be
   32         notarized on certain motor vehicle title transfer
   33         forms relating to mileage of the vehicle; requiring
   34         the forms to include an affidavit declaring facts in
   35         the document to be true; amending s. 319.23, F.S.;
   36         providing that, under certain circumstances, a motor
   37         vehicle dealer is not required to apply for a
   38         certificate of title for a motor vehicle sold to a
   39         general purchaser who resides outside the state;
   40         amending s. 320.02, F.S.; directing the department to
   41         place the name of the owner of a motor vehicle on the
   42         list of persons who may not be issued a license plate
   43         or revalidation sticker if that person is on a list
   44         submitted to the department by a licensed dealer;
   45         amending s. 320.27, F.S.; clarifying an exemption from
   46         certain dealer prelicensing requirements; removing a
   47         requirement for evaluation of privatized applicant
   48         training methods; limiting the issuance to a licensed
   49         dealer of supplemental off-premises sale licenses;
   50         authorizing dealer records to be kept in either paper
   51         or electronic form; providing procedures for transfer
   52         of documents to electronic form; authorizing a dealer
   53         training school to cancel the training certificate
   54         issued to a student for certain actions relating to
   55         payments made to the school; amending s. 322.0261,
   56         F.S.; providing an exemption from a requirement to
   57         attend a driver improvement course for drivers if
   58         adjudication is withheld by the court; providing an
   59         effective date.
   60  
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Subsection (9) of section 261.03, Florida
   64  Statutes, is amended to read:
   65         261.03 Definitions.—As used in this chapter, the term:
   66         (9) “ROV” means any motorized recreational off-highway
   67  vehicle 64 60 inches or less in width, having a dry weight of
   68  2,000 1,500 pounds or less, designed to travel on four or more
   69  nonhighway tires, having nonstraddle seating and a steering
   70  wheel, and manufactured for recreational use by one or more
   71  persons. The term “ROV” does not include a golf cart as defined
   72  in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
   73  defined in s. 320.01(42).
   74         Section 2. Subsection (3) of section 316.1905, Florida
   75  Statutes, is amended to read:
   76         316.1905 Electrical, mechanical, or other speed calculating
   77  devices; power of arrest; evidence.—
   78         (3)(a) Citations for violations of ss. 316.183, 316.187,
   79  316.189, 316.1893, and 316.1895, shall be issued upon a police
   80  officer’s use of an electrical, mechanical, or other speed
   81  calculating device, approved and tested pursuant to subsection
   82  (1). Evidence presented in court shall be based only upon
   83  evidence that was obtained through the use of such device. This
   84  subsection does not apply to speed determinations made as a
   85  result of crash investigations, nor does it preclude a police
   86  officer from lawfully stopping a vehicle suspected of speeding,
   87  based only upon the officer’s visual and aural perceptions.
   88         (b) A witness otherwise qualified to testify shall be
   89  competent to give testimony against an accused violator of the
   90  motor vehicle laws of this state when such testimony is derived
   91  from the use of such an electronic, electrical, mechanical, or
   92  other device used in the calculation of speed, upon showing that
   93  the speed calculating device which was used had been tested.
   94  However, the operator of any visual average speed computer
   95  device shall first be certified as a competent operator of such
   96  device by the department.
   97         (c)(b) Upon the production of a certificate, signed and
   98  witnessed, showing that such device was tested within the time
   99  period specified and that such device was working properly, a
  100  presumption is established to that effect unless the contrary
  101  shall be established by competent evidence.
  102         (d)(c) Any person accused pursuant to the provisions of
  103  this section shall be entitled to have the officer actually
  104  operating the device appear in court and testify upon oral or
  105  written motion.
  106         Section 3. Section 316.1951, Florida Statutes, is amended
  107  to read:
  108         316.1951 Parking for certain purposes prohibited; sale of
  109  motor vehicles; prohibited acts.—
  110         (1) It is unlawful for any person to park a motor vehicle,
  111  as defined in s. 320.01, upon a public street or highway, upon a
  112  public parking lot, or other public property, or upon private
  113  property where the public has the right to travel by motor
  114  vehicle, for the principal purpose and intent of displaying the
  115  motor vehicle thereon for sale, hire, or rental unless the sale,
  116  hire, or rental of the motor vehicle is specifically authorized
  117  on such property by municipal or county regulation and the
  118  person is in compliance with all municipal or county licensing
  119  regulations.
  120         (2) The provisions of subsection (1) do not prohibit a
  121  person from parking his or her own motor vehicle or his or her
  122  other personal property on any private real property which the
  123  person owns or leases or on private real property which the
  124  person does not own or lease, but for which he or she obtains
  125  the permission of the owner, or on the public street immediately
  126  adjacent thereto, for the principal purpose and intent of sale,
  127  hire, or rental.
  128         (3) Subsection (1) does not prohibit a licensed motor
  129  vehicle dealer from displaying for sale or offering for sale
  130  motor vehicles at locations other than the dealer’s licensed
  131  location if the dealer has been issued a supplemental license
  132  for off-premises sales, as provided in s. 320.27(5), and has
  133  complied with the requirements in subsection (1). A vehicle
  134  displayed for sale by a licensed dealer at any location other
  135  than the dealer’s licensed location is subject to immediate
  136  removal without warning.
  137         (4) The Department of Highway Safety and Motor Vehicles
  138  shall adopt by rule a uniform written notice to be used to
  139  enforce this section. Each law enforcement agency in this state
  140  shall provide, at each agency’s expense, the notice forms
  141  necessary to enforce this section.
  142         (4)(5) A law enforcement officer, compliance officer, code
  143  enforcement officer from any local government agency, or
  144  supervisor of the department may cause to be removed at the
  145  owner’s expense any motor vehicle found in violation of
  146  subsections subsection (1), (5), (6), (7), and (8) or will be
  147  assessed a penalty as prescribed in s. 318.18(21), by the
  148  governing authority ordering the vehicle’s removal. Before the
  149  vehicle can be released from an impound or tow facility, a
  150  release form, prescribed by the Department of Highway Safety and
  151  Motor Vehicles, must be completed signifying that the fine has
  152  been paid to the governing authority that ordered the vehicle’s
  153  removal. The towing and storage entity may collect towing or
  154  storage fees prior to the payment of the fine or before the
  155  release form has been completed which has been parked in one
  156  location for more than 24 hours after a written notice has been
  157  issued. Every written notice issued pursuant to this section
  158  shall be affixed in a conspicuous place upon a vehicle by a law
  159  enforcement officer, compliance officer, or supervisor of the
  160  department. Any vehicle found in violation of subsection (1)
  161  within 30 days after a previous violation and written notice is
  162  subject to immediate removal without an additional waiting
  163  period.
  164         (5)(6) It is unlawful to offer a vehicle for sale if the
  165  vehicle identification number has been destroyed, removed,
  166  covered, altered, or defaced, as described in s. 319.33(1)(d). A
  167  vehicle found in violation of this subsection is subject to
  168  immediate removal without warning.
  169         (6)(7) It is unlawful to knowingly attach to any motor
  170  vehicle a registration that was not assigned or lawfully
  171  transferred to the vehicle pursuant to s. 320.261. A vehicle
  172  found in violation of this subsection is subject to immediate
  173  removal without warning.
  174         (7)(8) It is unlawful to display or offer for sale a
  175  vehicle that does not have a valid registration as provided in
  176  s. 320.02. A vehicle found in violation of this subsection is
  177  subject to immediate removal without warning. This subsection
  178  does not apply to vehicles and recreational vehicles being
  179  offered for sale through motor vehicle auctions as defined in s.
  180  320.27(1)(c)4.
  181         (8)(9) A vehicle is subject to immediate removal without
  182  warning if it bears a telephone number that has been displayed
  183  on three or more vehicles offered for sale within a 12-month
  184  period.
  185         (9)(10) Any other provision of law to the contrary
  186  notwithstanding, a violation of subsection (1) shall subject the
  187  owner of such motor vehicle to towing fees reasonably
  188  necessitated by removal and storage of the motor vehicle and a
  189  fine as required by s. 318.18.
  190         (10)(11) This section does not prohibit the governing body
  191  of a municipality or county, with respect to streets, highways,
  192  or other property under its jurisdiction, from regulating the
  193  parking of motor vehicles for any purpose.
  194         (11)(12) A violation of this section is a noncriminal
  195  traffic infraction, punishable as a nonmoving violation as
  196  provided in chapter 318, unless otherwise mandated by general
  197  law.
  198         Section 4. Subsection (9) of section 317.0003, Florida
  199  Statutes, is amended to read:
  200         317.0003 Definitions.—As used in this chapter, the term:
  201         (9) “ROV” means any motorized recreational off-highway
  202  vehicle 64 60 inches or less in width, having a dry weight of
  203  2,000 1,500 pounds or less, designed to travel on four or more
  204  nonhighway tires, having nonstraddle seating and a steering
  205  wheel, and manufactured for recreational use by one or more
  206  persons. The term “ROV” does not include a golf cart as defined
  207  in ss. 320.01(22) and 316.003(68) or a low-speed vehicle as
  208  defined in s. 320.01(42).
  209         Section 5. Subsection (9) of section 318.14, Florida
  210  Statutes, is amended to read:
  211         318.14 Noncriminal traffic infractions; exception;
  212  procedures.—
  213         (9) Any person who does not hold a commercial driver’s
  214  license and who is cited for an infraction under this section
  215  other than a violation of s. 316.183(2), s. 316.187, or s.
  216  316.189 when the driver exceeds the posted limit by 30 miles per
  217  hour or more, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065,
  218  s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
  219  appearance, elect to attend in the location of his or her choice
  220  within this state a basic driver improvement course approved by
  221  the Department of Highway Safety and Motor Vehicles. In such a
  222  case, adjudication must be withheld and points, as provided by
  223  s. 322.27, may not be assessed. However, a person may not make
  224  an election under this subsection if the person has made an
  225  election under this subsection in the preceding 12 months. A
  226  person may make no more than five elections within his or her
  227  lifetime 10 years under this subsection. The requirement for
  228  community service under s. 318.18(8) is not waived by a plea of
  229  nolo contendere or by the withholding of adjudication of guilt
  230  by a court. If a person makes an election to attend a basic
  231  driver improvement course under this subsection, 18 percent of
  232  the civil penalty imposed under s. 318.18(3) shall be deposited
  233  in the State Courts Revenue Trust Fund; however, that portion is
  234  not revenue for purposes of s. 28.36 and may not be used in
  235  establishing the budget of the clerk of the court under that
  236  section or s. 28.35.
  237         Section 6. Subsection (21) is added to section 318.18,
  238  Florida Statutes, to read:
  239         318.18 Amount of penalties.—The penalties required for a
  240  noncriminal disposition pursuant to s. 318.14 or a criminal
  241  offense listed in s. 318.17 are as follows:
  242         (21) One hundred dollars for a violation of s. 316.1951 for
  243  a vehicle that is unlawfully displayed for sale, hire, or
  244  rental. This fine shall be retained by the governing authority
  245  authorizing the vehicle to be towed. Fines collected by the
  246  Department of Highway Safety and Motor Vehicles shall be
  247  deposited into the Highway Safety Operating Trust Fund.
  248         Section 7. Paragraphs (a) and (b) of subsection (6) of
  249  section 319.225, Florida Statutes, are amended to read:
  250         319.225 Transfer and reassignment forms; odometer
  251  disclosure statements.—
  252         (6)(a) If the certificate of title is physically held by a
  253  lienholder, the transferor may give a power of attorney to his
  254  or her transferee for the purpose of odometer disclosure. The
  255  power of attorney must be on a form issued or authorized by the
  256  department, which form must be in compliance with 49 C.F.R. ss.
  257  580.4 and 580.13. The department shall not require the signature
  258  of the transferor to be notarized on the form; however, in lieu
  259  of notarization, the form shall include an affidavit with the
  260  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  261  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  262  ARE TRUE. The transferee shall sign the power of attorney form,
  263  print his or her name, and return a copy of the power of
  264  attorney form to the transferor. Upon receipt of a title
  265  certificate, the transferee shall complete the space for mileage
  266  disclosure on the title certificate exactly as the mileage was
  267  disclosed by the transferor on the power of attorney form. If
  268  the transferee is a licensed motor vehicle dealer who is
  269  transferring the vehicle to a retail purchaser, the dealer shall
  270  make application on behalf of the retail purchaser as provided
  271  in s. 319.23(6) and shall submit the original power of attorney
  272  form to the department with the application for title and the
  273  transferor’s title certificate; otherwise, a dealer may reassign
  274  the title certificate by using the dealer reassignment form in
  275  the manner prescribed in subsection (3), and, at the time of
  276  physical transfer of the vehicle, the original power of attorney
  277  shall be delivered to the person designated as the transferee of
  278  the dealer on the dealer reassignment form. A copy of the
  279  executed power of attorney shall be submitted to the department
  280  with a copy of the executed dealer reassignment form within 5
  281  business days after the certificate of title and dealer
  282  reassignment form are delivered by the dealer to its transferee.
  283         (b) If the certificate of title is lost or otherwise
  284  unavailable, the transferor may give a power of attorney to his
  285  or her transferee for the purpose of odometer disclosure. The
  286  power of attorney must be on a form issued or authorized by the
  287  department, which form must be in compliance with 49 C.F.R. ss.
  288  580.4 and 580.13. The department shall not require the signature
  289  of the transferor to be notarized on the form; however, in lieu
  290  of notarization, the form shall include an affidavit with the
  291  following wording: UNDER PENALTY OF PERJURY, I DECLARE THAT I
  292  HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT
  293  ARE TRUE. The transferee shall sign the power of attorney form,
  294  print his or her name, and return a copy of the power of
  295  attorney form to the transferor. Upon receipt of the title
  296  certificate or a duplicate title certificate, the transferee
  297  shall complete the space for mileage disclosure on the title
  298  certificate exactly as the mileage was disclosed by the
  299  transferor on the power of attorney form. If the transferee is a
  300  licensed motor vehicle dealer who is transferring the vehicle to
  301  a retail purchaser, the dealer shall make application on behalf
  302  of the retail purchaser as provided in s. 319.23(6) and shall
  303  submit the original power of attorney form to the department
  304  with the application for title and the transferor’s title
  305  certificate or duplicate title certificate; otherwise, a dealer
  306  may reassign the title certificate by using the dealer
  307  reassignment form in the manner prescribed in subsection (3),
  308  and, at the time of physical transfer of the vehicle, the
  309  original power of attorney shall be delivered to the person
  310  designated as the transferee of the dealer on the dealer
  311  reassignment form. A copy of the executed power of attorney
  312  shall be submitted to the department with a copy of the executed
  313  dealer reassignment form within 5 business days after the
  314  duplicate certificate of title and dealer reassignment form are
  315  delivered by the dealer to its transferee.
  316         Section 8. Subsection (6) of section 319.23, Florida
  317  Statutes, is amended to read:
  318         319.23 Application for, and issuance of, certificate of
  319  title.—
  320         (6)(a) In the case of the sale of a motor vehicle or mobile
  321  home by a licensed dealer to a general purchaser, the
  322  certificate of title must be obtained in the name of the
  323  purchaser by the dealer upon application signed by the
  324  purchaser, and in each other case such certificate must be
  325  obtained by the purchaser. In each case of transfer of a motor
  326  vehicle or mobile home, the application for a certificate of
  327  title, a or corrected certificate, or an assignment or
  328  reassignment, must be filed within 30 days after from the
  329  delivery of the motor vehicle or mobile home to the purchaser.
  330  An applicant must pay a fee of $20, in addition to all other
  331  fees and penalties required by law, for failing to file such
  332  application within the specified time. In the case of the sale
  333  of a motor vehicle by a licensed motor vehicle dealer to a
  334  general purchaser who resides in another state or country, the
  335  dealer is not required to apply for a certificate of title for
  336  the motor vehicle; however, the dealer must transfer ownership
  337  and reassign the certificate of title or manufacturer’s
  338  certificate of origin to the purchaser, and the purchaser must
  339  sign an affidavit, as approved by the department, that the
  340  purchaser will title and register the motor vehicle in another
  341  state or country.
  342         (b) If a licensed dealer acquires a motor vehicle or mobile
  343  home as a trade-in, the dealer must file with the department,
  344  within 30 days, a notice of sale signed by the seller. The
  345  department shall update its database for that title record to
  346  indicate “sold.” A licensed dealer need not apply for a
  347  certificate of title for any motor vehicle or mobile home in
  348  stock acquired for stock purposes except as provided in s.
  349  319.225.
  350         Section 9. Subsection (16) of section 320.02, Florida
  351  Statutes, is amended to read:
  352         320.02 Registration required; application for registration;
  353  forms.—
  354         (16) The department is authorized to withhold registration
  355  or re-registration of a motor vehicle if the name of the owner
  356  or of a coowner appears on a list submitted to the department by
  357  a licensed motor vehicle dealer for a previous registration of
  358  that vehicle. The department shall place the name of the
  359  registered owner of that vehicle on the list of those persons
  360  who may not be issued a license plate, revalidation sticker, or
  361  replacement plate for the vehicle purchased from the licensed
  362  motor vehicle dealer. The motor vehicle dealer must maintain
  363  signed evidence that the owner or coowner acknowledged the
  364  dealer’s authority to submit the list to the department if he or
  365  she failed to pay and must note the amount for which the owner
  366  or coowner would be responsible for the vehicle registration.
  367  The dealer must maintain the necessary documentation required in
  368  this subsection or face penalties as provided in s. 320.27. This
  369  subsection does not affect the issuance of a title to a motor
  370  vehicle.
  371         (a) The motor vehicle owner or coowner may dispute the
  372  claim that money is owed to a dealer for registration fees by
  373  submitting a form to the department if the motor vehicle owner
  374  or coowner has documentary proof that the registration fees have
  375  been paid to the dealer for the disputed amount. Without clear
  376  evidence of the amounts owed for the vehicle registration and
  377  repayment, the department will assume initial payments are
  378  applied to government-assessed fees first.
  379         (b) If the registered owner’s dispute complies with
  380  paragraph (a), the department shall immediately remove the motor
  381  vehicle owner or coowner’s name from the list, thereby allowing
  382  the issuance of a license plate or revalidation sticker.
  383         Section 10. Subsections (4), (5), and (6) and paragraph (a)
  384  of subsection (9) of section 320.27, Florida Statutes, are
  385  amended to read:
  386         320.27 Motor vehicle dealers.—
  387         (4) LICENSE CERTIFICATE.—
  388         (a) A license certificate shall be issued by the department
  389  in accordance with such application when the application is
  390  regular in form and in compliance with the provisions of this
  391  section. The license certificate may be in the form of a
  392  document or a computerized card as determined by the department.
  393  The actual cost of each original, additional, or replacement
  394  computerized card shall be borne by the licensee and is in
  395  addition to the fee for licensure. Such license, when so issued,
  396  entitles the licensee to carry on and conduct the business of a
  397  motor vehicle dealer. Each license issued to a franchise motor
  398  vehicle dealer expires annually on December 31 unless revoked or
  399  suspended prior to that date. Each license issued to an
  400  independent or wholesale dealer or auction expires annually on
  401  April 30 unless revoked or suspended prior to that date. Not
  402  less than 60 days prior to the license expiration date, the
  403  department shall deliver or mail to each licensee the necessary
  404  renewal forms. Each independent dealer shall certify that the
  405  dealer (owner, partner, officer, or director of the licensee, or
  406  a full-time employee of the licensee that holds a responsible
  407  management-level position) has completed 8 hours of continuing
  408  education prior to filing the renewal forms with the department.
  409  Such certification shall be filed once every 2 years commencing
  410  with the 2006 renewal period. The continuing education shall
  411  include at least 2 hours of legal or legislative issues, 1 hour
  412  of department issues, and 5 hours of relevant motor vehicle
  413  industry topics. Continuing education shall be provided by
  414  dealer schools licensed under paragraph (b) either in a
  415  classroom setting or by correspondence. Such schools shall
  416  provide certificates of completion to the department and the
  417  customer which shall be filed with the license renewal form, and
  418  such schools may charge a fee for providing continuing
  419  education. Any licensee who does not file his or her application
  420  and fees and any other requisite documents, as required by law,
  421  with the department at least 30 days prior to the license
  422  expiration date shall cease to engage in business as a motor
  423  vehicle dealer on the license expiration date. A renewal filed
  424  with the department within 45 days after the expiration date
  425  shall be accompanied by a delinquent fee of $100. Thereafter, a
  426  new application is required, accompanied by the initial license
  427  fee. A license certificate duly issued by the department may be
  428  modified by endorsement to show a change in the name of the
  429  licensee, provided, as shown by affidavit of the licensee, the
  430  majority ownership interest of the licensee has not changed or
  431  the name of the person appearing as franchisee on the sales and
  432  service agreement has not changed. Modification of a license
  433  certificate to show any name change as herein provided shall not
  434  require initial licensure or reissuance of dealer tags; however,
  435  any dealer obtaining a name change shall transact all business
  436  in and be properly identified by that name. All documents
  437  relative to licensure shall reflect the new name. In the case of
  438  a franchise dealer, the name change shall be approved by the
  439  manufacturer, distributor, or importer. A licensee applying for
  440  a name change endorsement shall pay a fee of $25 which fee shall
  441  apply to the change in the name of a main location and all
  442  additional locations licensed under the provisions of subsection
  443  (5). Each initial license application received by the department
  444  shall be accompanied by verification that, within the preceding
  445  6 months, the applicant, or one or more of his or her designated
  446  employees, has attended a training and information seminar
  447  conducted by a licensed motor vehicle dealer training school.
  448  Any applicant for a new franchised motor vehicle dealer license
  449  who has held a valid franchised motor vehicle dealer license
  450  continuously for the past 2 years and who remains in good
  451  standing with the department is exempt from the prelicensing
  452  training requirement. Such seminar shall include, but is not
  453  limited to, statutory dealer requirements, which requirements
  454  include required bookkeeping and recordkeeping procedures,
  455  requirements for the collection of sales and use taxes, and such
  456  other information that in the opinion of the department will
  457  promote good business practices. No seminar may exceed 8 hours
  458  in length.
  459         (b) Each initial license application received by the
  460  department for licensure under subparagraph (1)(c)2. shall must
  461  be accompanied by verification that, within the preceding 6
  462  months, the applicant (owner, partner, officer, or director of
  463  the applicant, or a full-time employee of the applicant that
  464  holds a responsible management-level position) has successfully
  465  completed training conducted by a licensed motor vehicle dealer
  466  training school. Such training must include training in titling
  467  and registration of motor vehicles, laws relating to unfair and
  468  deceptive trade practices, laws relating to financing with
  469  regard to buy-here, pay-here operations, and such other
  470  information that in the opinion of the department will promote
  471  good business practices. Successful completion of this training
  472  shall be determined by examination administered at the end of
  473  the course and attendance of no less than 90 percent of the
  474  total hours required by such school. Any applicant who had held
  475  a valid motor vehicle dealer’s license continuously within the
  476  past 2 years and who remains in good standing with the
  477  department is exempt from the prelicensing requirements of this
  478  section paragraph. The department shall have the authority to
  479  adopt any rule necessary for establishing the training
  480  curriculum; length of training, which shall not exceed 8 hours
  481  for required department topics and shall not exceed an
  482  additional 24 hours for topics related to other regulatory
  483  agencies’ instructor qualifications; and any other requirements
  484  under this section. The curriculum for other subjects shall be
  485  approved by any and all other regulatory agencies having
  486  jurisdiction over specific subject matters; however, the overall
  487  administration of the licensing of these dealer schools and
  488  their instructors shall remain with the department. Such schools
  489  are authorized to charge a fee. This privatized method for
  490  training applicants for dealer licensing pursuant to
  491  subparagraph (1)(c)2. is a pilot program that shall be evaluated
  492  by the department after it has been in operation for a period of
  493  2 years.
  494         (5) SUPPLEMENTAL LICENSE.—Any person licensed hereunder
  495  shall obtain a supplemental license for each permanent
  496  additional place or places of business not contiguous to the
  497  premises for which the original license is issued, on a form to
  498  be furnished by the department, and upon payment of a fee of $50
  499  for each such additional location. Upon making renewal
  500  applications for such supplemental licenses, such applicant
  501  shall pay $50 for each additional location. A supplemental
  502  license authorizing off-premises sales shall be issued, at no
  503  charge to the dealer, for a period not to exceed 10 consecutive
  504  calendar days at the authorized location; however, an off
  505  premises sale supplemental license under this subsection shall
  506  not be issued more often than five times in any calendar month.
  507  To obtain such a temporary supplemental license for off-premises
  508  sales, the applicant must be a licensed dealer; must notify the
  509  applicable local department office of the specific dates and
  510  location for which such license is requested, display a sign at
  511  the licensed location clearly identifying the dealer, and
  512  provide staff to work at the temporary location for the duration
  513  of the off-premises sale; must meet any local government
  514  permitting requirements; and must have permission of the
  515  property owner to sell at that location. In the case of an off
  516  premises sale by a motor vehicle dealer licensed under
  517  subparagraph (1)(c)1. for the sale of new motor vehicles, the
  518  applicant must also include documentation notifying the
  519  applicable licensee licensed under s. 320.61 of the intent to
  520  engage in an off-premises sale 5 working days prior to the date
  521  of the off-premises sale. The licensee shall either approve or
  522  disapprove of the off-premises sale within 2 working days after
  523  receiving notice; otherwise, it will be deemed approved. This
  524  section does not apply to a nonselling motor vehicle show or
  525  public display of new motor vehicles.
  526         (6) RECORDS TO BE KEPT BY LICENSEE.—Every licensee shall
  527  keep a book or record in either paper or electronic such form as
  528  shall be prescribed or approved by the department for a period
  529  of 5 years, in which the licensee shall keep a record of the
  530  purchase, sale, or exchange, or receipt for the purpose of sale,
  531  of any motor vehicle, the date upon which any temporary tag was
  532  issued, the date of title transfer, and a description of such
  533  motor vehicle together with the name and address of the seller,
  534  the purchaser, and the alleged owner or other person from whom
  535  such motor vehicle was purchased or received or to whom it was
  536  sold or delivered, as the case may be. Such description shall
  537  include the identification or engine number, maker’s number, if
  538  any, chassis number, if any, and such other numbers or
  539  identification marks as may be thereon and shall also include a
  540  statement that a number has been obliterated, defaced, or
  541  changed, if such is the fact. When a licensee chooses to
  542  maintain electronic records, the original paper documents may be
  543  destroyed after the licensee successfully transfers title and
  544  registration to the purchaser as required by chapter 319 for any
  545  purchaser who titles and registers the motor vehicle in this
  546  state. In the case of a sale to a purchaser who will title and
  547  register the motor vehicle in another state or country, the
  548  licensee may destroy the original paper documents after
  549  successfully delivering a lawfully reassigned title or
  550  manufacturer’s certificate or statement of origin to the
  551  purchaser and after producing electronic images of all documents
  552  related to the sale.
  553         (9) DENIAL, SUSPENSION, OR REVOCATION.—
  554         (a) The department may deny, suspend, or revoke any license
  555  issued hereunder or under the provisions of s. 320.77 or s.
  556  320.771, upon proof that an applicant or a licensee has
  557  committed any of the following activities:
  558         1. Committed Commission of fraud or willful
  559  misrepresentation in application for or in obtaining a license.
  560         2. Been convicted Conviction of a felony.
  561         3. Failed Failure to honor a bank draft or check given to a
  562  motor vehicle dealer for the purchase of a motor vehicle by
  563  another motor vehicle dealer within 10 days after notification
  564  that the bank draft or check has been dishonored. If the
  565  transaction is disputed, the maker of the bank draft or check
  566  shall post a bond in accordance with the provisions of s.
  567  559.917, and no proceeding for revocation or suspension shall be
  568  commenced until the dispute is resolved.
  569         4.a. Failed to provide payment within 10 business days to
  570  the department for a check payable to the department that was
  571  dishonored due to insufficient funds in the amount due plus any
  572  statutorily authorized fee for uttering a worthless check. The
  573  department shall notify an applicant or licensee when the
  574  applicant or licensee makes payment to the department by a check
  575  that is subsequently dishonored by the bank due to insufficient
  576  funds. The applicant or licensee shall, within 10 business days
  577  after receiving the notice, provide payment to the department in
  578  the form of cash in the amount due plus any statutorily
  579  authorized fee.
  580         b. Stopped payment on a check payable to the department,
  581  issued a check payable to the department from an account that
  582  has been closed, or charged back a credit card transaction to
  583  the department.
  584         5.a. Failed to provide payment in the amount of tuition due
  585  plus any statutorily authorized fee within 10 business days to a
  586  licensed motor vehicle dealer training school for a check
  587  payable to the school that was dishonored due to insufficient
  588  funds in the amount of tuition due plus any statutorily
  589  authorized fee for uttering a worthless check. A licensed motor
  590  vehicle dealer training school shall notify a student when the
  591  student makes payment to the school by a check that is
  592  subsequently dishonored by the bank due to insufficient funds.
  593  The student shall, within 10 business days after receiving the
  594  notice, provide payment to the school in a manner designated by
  595  the school in the amount of tuition due plus any statutorily
  596  authorized fee. If the student fails to make such payment within
  597  10 business days, the motor vehicle dealer training school may
  598  cancel the training certificate issued to the student and notify
  599  the department of the cancellation of the training certificate.
  600         b. Stopped payment on a check payable to a licensed motor
  601  vehicle dealer training school, issued a check payable to a
  602  licensed motor vehicle dealer training school from an account
  603  that has been closed, or charged back a credit card transaction
  604  to a licensed motor vehicle dealer training school. If a student
  605  commits any such act, the motor vehicle dealer training school
  606  may cancel the training certificate issued to the student and
  607  notify the department of the cancellation of the training
  608  certificate.
  609         Section 11. Subsection (4) of section 322.0261, Florida
  610  Statutes, is amended to read:
  611         322.0261 Driver improvement course; requirement to maintain
  612  driving privileges; failure to complete; department approval of
  613  course.—
  614         (4) The department shall identify any operator convicted
  615  of, or who pleaded nolo contendere to, a violation of s.
  616  316.074(1), s. 316.075(1)(c)1., s. 316.172, s. 316.191, or s.
  617  316.192 and shall require that operator, unless the court
  618  withholds adjudication, in addition to other applicable
  619  penalties, to attend a department-approved driver improvement
  620  course in order to maintain driving privileges. If the operator
  621  fails to complete the course within 90 days after receiving
  622  notice from the department, the operator’s driver license shall
  623  be canceled by the department until the course is successfully
  624  completed.
  625         Section 12. This act shall take effect July 1, 2010.

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