Bill Text: FL S0290 | 2018 | Regular Session | Comm Sub
Bill Title: Motor Vehicle Registration Applications
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-06 - Laid on Table, refer to CS/HB 135 [S0290 Detail]
Download: Florida-2018-S0290-Comm_Sub.html
Florida Senate - 2018 CS for SB 290 By the Committee on Appropriations; and Senators Rouson and Rader 576-02685-18 2018290c1 1 A bill to be entitled 2 An act relating to motor vehicle registration 3 applications; amending s. 320.02, F.S.; requiring the 4 application form for motor vehicle registration to 5 include language to indicate an applicant is deaf or 6 hard of hearing; requiring such information to be 7 included in certain databases; requiring the 8 application form for motor vehicle registration to 9 include language permitting a certain voluntary 10 contribution to be quarterly distributed by the 11 Department of Highway Safety and Motor Vehicles to 12 Preserve Vision Florida, instead of to Prevent 13 Blindness Florida; conforming a provision to changes 14 made by the act; amending s. 320.27, F.S.; conforming 15 a cross-reference; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsections (14) through (19) of section 320.02, 20 Florida Statutes, are renumbered as subsections (15) through 21 (20), respectively, a new subsection (14) is added to that 22 section, and paragraph (a) of present subsection (15) of that 23 section is amended, to read: 24 320.02 Registration required; application for registration; 25 forms.— 26 (14) The application form for motor vehicle registration 27 must include language allowing an applicant who is deaf or hard 28 of hearing to voluntarily indicate that he or she is deaf or 29 hard of hearing. If the applicant indicates on the application 30 form that he or she is deaf or hard of hearing, such information 31 shall be included through the Driver and Vehicle Information 32 Database and available through the Florida Crime Information 33 Center system. 34 (16)(15)(a) The application form for motor vehicle 35 registration mustshallinclude language permitting the 36 voluntary contribution of $1 per applicant, to be quarterly 37 distributed by the department to Preserve VisionPrevent38BlindnessFlorida, a not-for-profit organization, to prevent 39 blindness and preserve the sight of the residents of this state. 40 A statement providing an explanation of the purpose of the funds 41 shall be included with the application form. Prior to the 42 department distributing the funds collected pursuant to this 43 paragraph, Preserve VisionPrevent BlindnessFlorida must submit 44 a report to the department that identifies how such funds were 45 used during the preceding year. 46 47 For the purpose of applying the service charge provided in s. 48 215.20, contributions received under this subsection are not 49 income of a revenue nature. 50 Section 2. Paragraph (b) of subsection (9) of section 51 320.27, Florida Statutes, is amended to read: 52 320.27 Motor vehicle dealers.— 53 (9) DENIAL, SUSPENSION, OR REVOCATION.— 54 (b) The department may deny, suspend, or revoke any license 55 issued hereunder or under the provisions of s. 320.77 or s. 56 320.771 upon proof that a licensee has committed, with 57 sufficient frequency so as to establish a pattern of wrongdoing 58 on the part of a licensee, violations of one or more of the 59 following activities: 60 1. Representation that a demonstrator is a new motor 61 vehicle, or the attempt to sell or the sale of a demonstrator as 62 a new motor vehicle without written notice to the purchaser that 63 the vehicle is a demonstrator. For the purposes of this section, 64 a “demonstrator,” a “new motor vehicle,” and a “used motor 65 vehicle” shall be defined as under s. 320.60. 66 2. Unjustifiable refusal to comply with a licensee’s 67 responsibility under the terms of the new motor vehicle warranty 68 issued by its respective manufacturer, distributor, or importer. 69 However, if such refusal is at the direction of the 70 manufacturer, distributor, or importer, such refusal shall not 71 be a ground under this section. 72 3. Misrepresentation or false, deceptive, or misleading 73 statements with regard to the sale or financing of motor 74 vehicles which any motor vehicle dealer has, or causes to have, 75 advertised, printed, displayed, published, distributed, 76 broadcast, televised, or made in any manner with regard to the 77 sale or financing of motor vehicles. 78 4. Failure by any motor vehicle dealer to provide a 79 customer or purchaser with an odometer disclosure statement and 80 a copy of any bona fide written, executed sales contract or 81 agreement of purchase connected with the purchase of the motor 82 vehicle purchased by the customer or purchaser. 83 5. Failure of any motor vehicle dealer to comply with the 84 terms of any bona fide written, executed agreement, pursuant to 85 the sale of a motor vehicle. 86 6. Failure to apply for transfer of a title as prescribed 87 in s. 319.23(6). 88 7. Use of the dealer license identification number by any 89 person other than the licensed dealer or his or her designee. 90 8. Failure to continually meet the requirements of the 91 licensure law. 92 9. Representation to a customer or any advertisement to the 93 public representing or suggesting that a motor vehicle is a new 94 motor vehicle if such vehicle lawfully cannot be titled in the 95 name of the customer or other member of the public by the seller 96 using a manufacturer’s statement of origin as permitted in s. 97 319.23(1). 98 10. Requirement by any motor vehicle dealer that a customer 99 or purchaser accept equipment on his or her motor vehicle which 100 was not ordered by the customer or purchaser. 101 11. Requirement by any motor vehicle dealer that any 102 customer or purchaser finance a motor vehicle with a specific 103 financial institution or company. 104 12. Requirement by any motor vehicle dealer that the 105 purchaser of a motor vehicle contract with the dealer for 106 physical damage insurance. 107 13. Perpetration of a fraud upon any person as a result of 108 dealing in motor vehicles, including, without limitation, the 109 misrepresentation to any person by the licensee of the 110 licensee’s relationship to any manufacturer, importer, or 111 distributor. 112 14. Violation of any of the provisions of s. 319.35 by any 113 motor vehicle dealer. 114 15. Sale by a motor vehicle dealer of a vehicle offered in 115 trade by a customer prior to consummation of the sale, exchange, 116 or transfer of a newly acquired vehicle to the customer, unless 117 the customer provides written authorization for the sale of the 118 trade-in vehicle prior to delivery of the newly acquired 119 vehicle. 120 16. Willful failure to comply with any administrative rule 121 adopted by the department or the provisions of s. 320.131(8). 122 17. Violation of chapter 319, this chapter, or ss. 559.901 123 559.9221, which has to do with dealing in or repairing motor 124 vehicles or mobile homes. Additionally, in the case of used 125 motor vehicles, the willful violation of the federal law and 126 rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to the 127 consumer sales window form. 128 18. Failure to maintain evidence of notification to the 129 owner or coowner of a vehicle regarding registration or titling 130 fees owed as required in s. 320.02(17)s.320.02(16). 131 19. Failure to register a mobile home salesperson with the 132 department as required by this section. 133 Section 3. This act shall take effect October 1, 2018.