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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to motor vehicles; amending s. 319.23, 2
F.S.; providing that motor vehicle dealers or mobile 3
home dealers should apply for, rather than are 4
required to obtain, certificates of title in the name 5
of purchasers; providing that certain applications 6
relating to transfers of motor vehicles or mobile 7
homes should, rather than must, be filed within a 8
certain timeframe; revising a condition under which 9
the timeframe begins; deleting an authorization for 10
certain penalties; amending s. 320.131, F.S.; 11
conforming a cross-reference; amending s. 320.27, 12
F.S.; revising grounds on which the Department of 13
Highway Safety and Motor Vehicles may deny, suspend, 14
or revoke a motor vehicle dealer license; providing an 15
effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Paragraph (a) of subsection (6) of section 20
319.23, Florida Statutes, is amended to read: 21
319.23 Application for, and issuance of, certificate of 22
title.— 23
(6)(a) In the case of the sale of a motor vehicle or 24
mobile home by a licensed dealer to a general purchaser, the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certificate of title should must be applied for obtained in the 26
name of the purchaser by the dealer upon application signed by 27
the purchaser, and in each other case the certificate must be 28
obtained by the purchaser. In each case of transfer of a motor 29
vehicle or mobile home, the application for a certificate of 30
title, a corrected certificate, or a n assignment or reassignment 31
should must be filed within 30 days after the delivery of the 32
motor vehicle and receipt from the lender of satisfaction of the 33
lien or after consummation of the sale of the mobile home to the 34
purchaser. An applicant must pay a fee of $20, in addition to 35
all other fees and penalties required by law, for failing to 36
file such application within the specified time. In the case of 37
the sale of a motor vehicle by a licensed motor vehicle dealer 38
to a general purchaser who resides in ano ther state or country, 39
the dealer is not required to apply for a certificate of title 40
for the motor vehicle; however, the dealer must transfer 41
ownership and reassign the certificate of title or 42
manufacturer's certificate of origin to the purchaser, and the 43
purchaser must sign an affidavit, as approved by the department, 44
that the purchaser will title and register the motor vehicle in 45
another state or country. 46
Section 2. Subsection (8) of section 320.131, Florida 47
Statutes, is amended to read: 48
320.131 Temporary tags.— 49
(8) The department shall administer an electronic system 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for licensed motor vehicle dealers to use for issuing temporary 51
tags. If a dealer fails to comply with the department's 52
requirements for issuing temporary tags using the electronic 53
system, the department may deny, suspend, or revoke a license 54
under s. 320.27(9)(b)15. s. 320.27(9)(b)16. upon proof that the 55
licensee has failed to comply with the department's 56
requirements. The department may adopt rules to administer this 57
section. 58
Section 3. Paragraph (b) of subsection (9) of section 59
320.27, Florida Statutes, is amended to read: 60
320.27 Motor vehicle dealers. — 61
(9) DENIAL, SUSPENSION, OR REVOCATION. — 62
(b) The department may deny, suspend, or revoke any 63
license issued hereunder or u nder the provisions of s. 320.77 or 64
s. 320.771 upon proof that a licensee has committed, with 65
sufficient frequency so as to establish a pattern of wrongdoing 66
on the part of a licensee, violations of one or more of the 67
following activities: 68
1. Representation that a demonstrator is a new motor 69
vehicle, or the attempt to sell or the sale of a demonstrator as 70
a new motor vehicle without written notice to the purchaser that 71
the vehicle is a demonstrator. For the purposes of this section, 72
a "demonstrator," a "n ew motor vehicle," and a "used motor 73
vehicle" shall be defined as under s. 320.60. 74
2. Unjustifiable refusal to comply with a licensee's 75
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responsibility under the terms of the new motor vehicle warranty 76
issued by its respective manufacturer, distributor, or importer. 77
However, if such refusal is at the direction of the 78
manufacturer, distributor, or importer, such refusal shall not 79
be a ground under this section. 80
3. Misrepresentation or false, deceptive, or misleading 81
statements with regard to the sale or financing of motor 82
vehicles which any motor vehicle dealer has, or causes to have, 83
advertised, printed, displayed, published, distributed, 84
broadcast, televised, or made in any manner with regard to the 85
sale or financing of motor vehicles. 86
4. Failure by any motor vehicle dealer to provide a 87
customer or purchaser with an odometer disclosure statement and 88
a copy of any bona fide written, executed sales contract or 89
agreement of purchase connected with the purchase of the motor 90
vehicle purchased by the custome r or purchaser. 91
5. Failure of any motor vehicle dealer to comply with the 92
terms of any bona fide written, executed agreement, pursuant to 93
the sale of a motor vehicle. 94
6. Failure to apply for transfer of a title as prescribed 95
in s. 319.23(6). 96
7. Use of the dealer license identification number by any 97
person other than the licensed dealer or his or her designee. 98
7.8. Intentional failure to continually meet the 99
requirements of the licensure law. 100
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8.9. Representation to a customer or any advertisement to 101
the public representing or suggesting that a motor vehicle is a 102
new motor vehicle if such vehicle lawfully cannot be titled in 103
the name of the customer or other member of the public by the 104
seller using a manufacturer's statement of origin as permitted 105
in s. 319.23(1). 106
9.10. Requirement by any motor vehicle dealer that a 107
customer or purchaser accept equipment on his or her motor 108
vehicle which was not ordered by the customer or purchaser. 109
10.11. Requirement by any motor vehicle dealer that any 110
customer or purchaser finance a motor vehicle with a specific 111
financial institution or company. 112
11.12. Requirement by any motor vehicle dealer that the 113
purchaser of a motor vehicle contract with the dealer for 114
physical damage insurance. 115
12.13. Perpetration of a fraud upon any person as a result 116
of dealing in motor vehicles, including, without limitation, the 117
misrepresentation to any person by the licensee of the 118
licensee's relationship to any manufacturer, imp orter, or 119
distributor. 120
13.14. Violation of any of the provisions of s. 319.35 by 121
any motor vehicle dealer. 122
14.15. Sale by a motor vehicle dealer of a vehicle offered 123
in trade by a customer prior to consummation of the sale, 124
exchange, or transfer of a n ewly acquired vehicle to the 125
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customer, unless the customer provides written authorization for 126
the sale of the trade -in vehicle prior to delivery of the newly 127
acquired vehicle. 128
15.16. Willful failure to comply with any administrative 129
rule adopted by the d epartment or the provisions of s. 130
320.131(8). 131
16.17. Violation of chapter 319, this chapter, or ss. 132
559.901-559.9221, which has to do with dealing in or repairing 133
motor vehicles or mobile homes. Additionally, in the case of 134
used motor vehicles, the willf ul violation of the federal law 135
and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to 136
the consumer sales window form. 137
17.18. Failure to maintain evidence of notification to the 138
owner or co-owner of a vehicle regarding registration or titling 139
fees owed as required in s. 320.02(17). 140
18.19. Failure to register a mobile home salesperson with 141
the department as required by this section. 142
Section 4. This act shall take effect July 1, 2022. 143