Bill Text: FL S1584 | 2024 | Regular Session | Introduced

Florida Senate Bill 1584 (Prior Session Legislation)

Introduced

Bill Title: Airbag Systems

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Transportation [S1584 Detail]

Download: Florida-2024-S1584-Introduced.html

       Florida Senate - 2024                                    SB 1584
       
       
        
       By Senator Torres
       
       
       
       
       
       25-00514-24                                           20241584__
    1                        A bill to be entitled                      
    2         An act relating to airbag systems; amending s. 320.27,
    3         F.S.; requiring motor vehicle dealers selling a used
    4         motor vehicle to disclose to the purchaser certain
    5         information about the vehicle’s airbag system;
    6         conforming cross-references; amending s. 320.131,
    7         F.S.; conforming a cross-reference; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (8) through (14) of section
   13  320.27, Florida Statutes, are redesignated as subsections (9)
   14  through (15), respectively, a new subsection (8) is added to
   15  that section, and subsection (2) and present subsection (12) of
   16  that section are amended, to read:
   17         320.27 Motor vehicle dealers.—
   18         (2) LICENSE REQUIRED.—No person shall engage in business
   19  as, serve in the capacity of, or act as a motor vehicle dealer
   20  in this state without first obtaining a license therefor in the
   21  appropriate classification as provided in this section. With the
   22  exception of transactions with motor vehicle auctions, no person
   23  other than a licensed motor vehicle dealer may advertise for
   24  sale any motor vehicle belonging to another party unless as a
   25  direct result of a bona fide legal proceeding, court order,
   26  settlement of an estate, or by operation of law. However, owners
   27  of motor vehicles titled in their names may advertise and offer
   28  vehicles for sale on their own behalf. It shall be unlawful for
   29  a licensed motor vehicle dealer to allow any person other than a
   30  bona fide employee to use the motor vehicle dealer license for
   31  the purpose of acting in the capacity of or conducting motor
   32  vehicle sales transactions as a motor vehicle dealer. Any person
   33  selling or offering a motor vehicle for sale in violation of the
   34  licensing requirements of this subsection, or who misrepresents
   35  to any person its relationship with any manufacturer, importer,
   36  or distributor, in addition to the penalties provided herein,
   37  shall be deemed guilty of an unfair and deceptive trade practice
   38  as defined in part II of chapter 501 and shall be subject to the
   39  provisions of subsections (9) and (10)(8) and (9).
   40         (8) AIRBAG SYSTEM NOTICE.—A motor vehicle dealer selling a
   41  used motor vehicle shall disclose to the purchaser whether the
   42  vehicle’s airbag system was ever replaced, removed,
   43  dysfunctional, or otherwise not in compliance with Federal Motor
   44  Vehicle Safety Standard No. 208, 49 C.F.R. s. 571.208.
   45         (13)(12) CIVIL FINES; PROCEDURE.—In addition to the
   46  exercise of other powers provided in this section, the
   47  department may levy and collect a civil fine, in an amount not
   48  to exceed $1,000 for each violation, against any licensee if it
   49  finds that the licensee has violated any provision of this
   50  section or has violated any other law of this state or the
   51  federal law and administrative rule set forth in paragraph
   52  (10)(a) (9)(a) related to dealing in motor vehicles. Any
   53  licensee shall be entitled to a hearing pursuant to chapter 120
   54  if the licensee contests the fine levied, or about to be levied,
   55  upon him or her.
   56         Section 2. Subsection (8) of section 320.131, Florida
   57  Statutes, is amended to read:
   58         320.131 Temporary tags.—
   59         (8) The department shall administer an electronic system
   60  for licensed motor vehicle dealers to use for issuing temporary
   61  tags. If a dealer fails to comply with the department’s
   62  requirements for issuing temporary tags using the electronic
   63  system, the department may deny, suspend, or revoke a license
   64  under s. 320.27(10)(b)16. s. 320.27(9)(b)16. upon proof that the
   65  licensee has failed to comply with the department’s
   66  requirements. The department may adopt rules to administer this
   67  section.
   68         Section 3. This act shall take effect July 1, 2024.