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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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