Bill Text: FL S1182 | 2010 | Regular Session | Comm Sub

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Bill Title: Motor Vehicles [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 01132; Amendment(s) adopted (132198) -SJ 01132; Substituted CS/CS/CS/HB 631 -SJ 01132; Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 631 (Ch. 2010-198), CS/CS/HB 971 (Ch. 2010-223) -SJ 01132 [S1182 Detail]

Download: Florida-2010-S1182-Comm_Sub.html

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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.