Bill Text: FL S1346 | 2022 | Regular Session | Introduced

Bill Title: Motor Vehicles

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-03-14 - Died in Transportation [S1346 Detail]

Download: Florida-2022-S1346-Introduced.html
       Florida Senate - 2022                                    SB 1346
       By Senator Wright
       14-00844-22                                           20221346__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s. 319.23,
    3         F.S.; providing that motor vehicle dealers or mobile
    4         home dealers should apply for, rather than are
    5         required to obtain, certificates of title in the name
    6         of purchasers; providing that certain applications
    7         relating to transfers of motor vehicles or mobile
    8         homes should, rather than must, be filed within a
    9         certain timeframe; revising a condition under which
   10         the timeframe begins; deleting an authorization for
   11         certain penalties; amending s. 320.131, F.S.;
   12         conforming a cross-reference; amending s. 320.27,
   13         F.S.; revising grounds on which the Department of
   14         Highway Safety and Motor Vehicles may deny, suspend,
   15         or revoke a motor vehicle dealer license; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Paragraph (a) of subsection (6) of section
   21  319.23, Florida Statutes, is amended to read:
   22         319.23 Application for, and issuance of, certificate of
   23  title.—
   24         (6)(a) In the case of the sale of a motor vehicle or mobile
   25  home by a licensed dealer to a general purchaser, the
   26  certificate of title should must be applied for obtained in the
   27  name of the purchaser by the dealer upon application signed by
   28  the purchaser, and in each other case the certificate must be
   29  obtained by the purchaser. In each case of transfer of a motor
   30  vehicle or mobile home, the application for a certificate of
   31  title, a corrected certificate, or an assignment or reassignment
   32  should must be filed within 30 days after the delivery of the
   33  motor vehicle and receipt from the lender of satisfaction of the
   34  lien or after consummation of the sale of the mobile home to the
   35  purchaser. An applicant must pay a fee of $20, in addition to
   36  all other fees and penalties required by law, for failing to
   37  file such application within the specified time. In the case of
   38  the sale of a motor vehicle by a licensed motor vehicle dealer
   39  to a general purchaser who resides in another state or country,
   40  the dealer is not required to apply for a certificate of title
   41  for the motor vehicle; however, the dealer must transfer
   42  ownership and reassign the certificate of title or
   43  manufacturer’s certificate of origin to the purchaser, and the
   44  purchaser must sign an affidavit, as approved by the department,
   45  that the purchaser will title and register the motor vehicle in
   46  another state or country.
   47         Section 2. Subsection (8) of section 320.131, Florida
   48  Statutes, is amended to read:
   49         320.131 Temporary tags.—
   50         (8) The department shall administer an electronic system
   51  for licensed motor vehicle dealers to use for issuing temporary
   52  tags. If a dealer fails to comply with the department’s
   53  requirements for issuing temporary tags using the electronic
   54  system, the department may deny, suspend, or revoke a license
   55  under s. 320.27(9)(b)15. s. 320.27(9)(b)16. upon proof that the
   56  licensee has failed to comply with the department’s
   57  requirements. The department may adopt rules to administer this
   58  section.
   59         Section 3. Paragraph (b) of subsection (9) of section
   60  320.27, Florida Statutes, is amended to read:
   61         320.27 Motor vehicle dealers.—
   63         (b) The department may deny, suspend, or revoke any license
   64  issued hereunder or under the provisions of s. 320.77 or s.
   65  320.771 upon proof that a licensee has committed, with
   66  sufficient frequency so as to establish a pattern of wrongdoing
   67  on the part of a licensee, violations of one or more of the
   68  following activities:
   69         1. Representation that a demonstrator is a new motor
   70  vehicle, or the attempt to sell or the sale of a demonstrator as
   71  a new motor vehicle without written notice to the purchaser that
   72  the vehicle is a demonstrator. For the purposes of this section,
   73  a “demonstrator,” a “new motor vehicle,” and a “used motor
   74  vehicle” shall be defined as under s. 320.60.
   75         2. Unjustifiable refusal to comply with a licensee’s
   76  responsibility under the terms of the new motor vehicle warranty
   77  issued by its respective manufacturer, distributor, or importer.
   78  However, if such refusal is at the direction of the
   79  manufacturer, distributor, or importer, such refusal shall not
   80  be a ground under this section.
   81         3. Misrepresentation or false, deceptive, or misleading
   82  statements with regard to the sale or financing of motor
   83  vehicles which any motor vehicle dealer has, or causes to have,
   84  advertised, printed, displayed, published, distributed,
   85  broadcast, televised, or made in any manner with regard to the
   86  sale or financing of motor vehicles.
   87         4. Failure by any motor vehicle dealer to provide a
   88  customer or purchaser with an odometer disclosure statement and
   89  a copy of any bona fide written, executed sales contract or
   90  agreement of purchase connected with the purchase of the motor
   91  vehicle purchased by the customer or purchaser.
   92         5. Failure of any motor vehicle dealer to comply with the
   93  terms of any bona fide written, executed agreement, pursuant to
   94  the sale of a motor vehicle.
   95         6. Failure to apply for transfer of a title as prescribed
   96  in s. 319.23(6).
   97         7. Use of the dealer license identification number by any
   98  person other than the licensed dealer or his or her designee.
   99         7.8.Intentional failure to continually meet the
  100  requirements of the licensure law.
  101         8.9. Representation to a customer or any advertisement to
  102  the public representing or suggesting that a motor vehicle is a
  103  new motor vehicle if such vehicle lawfully cannot be titled in
  104  the name of the customer or other member of the public by the
  105  seller using a manufacturer’s statement of origin as permitted
  106  in s. 319.23(1).
  107         9.10. Requirement by any motor vehicle dealer that a
  108  customer or purchaser accept equipment on his or her motor
  109  vehicle which was not ordered by the customer or purchaser.
  110         10.11. Requirement by any motor vehicle dealer that any
  111  customer or purchaser finance a motor vehicle with a specific
  112  financial institution or company.
  113         11.12. Requirement by any motor vehicle dealer that the
  114  purchaser of a motor vehicle contract with the dealer for
  115  physical damage insurance.
  116         12.13. Perpetration of a fraud upon any person as a result
  117  of dealing in motor vehicles, including, without limitation, the
  118  misrepresentation to any person by the licensee of the
  119  licensee’s relationship to any manufacturer, importer, or
  120  distributor.
  121         13.14. Violation of any of the provisions of s. 319.35 by
  122  any motor vehicle dealer.
  123         14.15. Sale by a motor vehicle dealer of a vehicle offered
  124  in trade by a customer prior to consummation of the sale,
  125  exchange, or transfer of a newly acquired vehicle to the
  126  customer, unless the customer provides written authorization for
  127  the sale of the trade-in vehicle prior to delivery of the newly
  128  acquired vehicle.
  129         15.16. Willful failure to comply with any administrative
  130  rule adopted by the department or the provisions of s.
  131  320.131(8).
  132         16.17. Violation of chapter 319, this chapter, or ss.
  133  559.901-559.9221, which has to do with dealing in or repairing
  134  motor vehicles or mobile homes. Additionally, in the case of
  135  used motor vehicles, the willful violation of the federal law
  136  and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
  137  the consumer sales window form.
  138         17.18. Failure to maintain evidence of notification to the
  139  owner or co-owner of a vehicle regarding registration or titling
  140  fees owed as required in s. 320.02(17).
  141         18.19. Failure to register a mobile home salesperson with
  142  the department as required by this section.
  143         Section 4. This act shall take effect July 1, 2022.